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HomeMy WebLinkAbout10-10104 F1t,F.[?-t?ICE ,?r LF THG P?) ;,np,110TAF?Y 2010 FEB -8 PIN 3: 23 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 233-8743 Attorney for Plaintiff, Roxann L. Ness ROXANN L. NESS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 10 - 1010 Civi I Term DENNIS D. NESS, : CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary of Cumberland County, One Courthouse Square, Carlisle, Pennsylvania 17013. 4 35.1.00 PA Am/ CJ 353q/ rya P"-'0 012) 1 q08 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 233-8743 Attorney for Plaintiff, Roxann L. Ness ROXANN L. NESS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. DENNIS D. NESS, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Roxann L. Ness, an adult individual whose current address is 7 Sherwood Drive, Enola, Cumberland County, Pennsylvania 17025 and whose social security number is 174-56-5455. 2. The Defendant, Dennis D. Ness an adult individual whose current address is 7 Sherwood Drive, Enola, Cumberland County, Pennsylvania 17025, and whose social security number is 168-52-3865. 3. Plaintiff and Defendant were married on July 25, 2003 in Enola, Pennsylvania. 4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. a 5. Defendant is not a member of the Armed Services of the United States or its allies. 6. Plaintiff is a citizen of the United States and Defendant is a citizen of the United States. 7. There has been no prior action for divorce filed in any jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 9. There are no minor children born of the marriage. 10. Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. Respectfully submitted, BV: Date: Diane M. Dils, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 2 e VERIFICATION I verify that the statements made in this Complaint in Divorce are tnie 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. ROXANN L. NESS Date: February 3, 2010 [~1~ LW'~t. I i a~.. y~ r it ~ a ~ `~ i F,l l c J v. 2fl~~ ,u;i ~3 ~' `' ~, l~ tj..~ ~~~~t4 ~ PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, is made this ~~~ day of March, 2010 by and between: ROXANN L. NESS, hereinafter referred to as Wife; --AND-- DENNIS D. NESS, hereinafter referred to as Husband; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on July 25, 2003 in Enola, Pennsylvania; WI-AREAS, there are no minor children born of the marriage. WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they have separated and now live separate and apart from one another, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship. NOW THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the 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: 1. SEPARATION 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. Neither party shall molest Initials ~~~?r/- 2 Initials /~~~ 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. 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 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 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 Order of divorce, Judgment, or 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 be forever binding and conclusive upon the parties. 2. 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 the Agreement on the same date. Otherwise, the "date of Initials 3 Initials /1/ execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 3. MUTUAL RELEASES Husband and wife do hereby mutually remise, release, quit-claim or forever discharge the other and 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, or whatever nature and wherever 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 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 other rights or a surviving spouse to participate in a deceased spouse's estate, whether arising under the United States, or any other country; or any rights which either party may now have or at any time hereafter have for the 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 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. Initials ~ 4 Initials 1?~/V 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. 4. DISTRIBUTION DATE 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 of execution of the Divorce Decree, unless otherwise specified herein. 5. MUTUAL CONSENT/ADVICE OF COUNSEL Husband and wife acknowledge and understand the terms and conditions of this Agreement, and wife is represented by Diane M. Dils, Esquire, and Husband is unrepresented. Each party acknowledges that he or she has received or has been given an opportunity to receive independent advice from counsel of his or her selection and was fully informed as to his or her legal rights and obligations. Husband and wife acknowledge that they fully understand the facts as to their legal rights and obligations under this Agreement. Husband and wife acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily, and that the Initials 5 Initials I~O~~ execution of this Agreement is not the result of any collusion or improper or illegal agreement or agreements. 6. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owed 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 that either party, at any time hereafter, discovers such an undisclosed asset, the parties shall have the right to petition the Court of Common Pleas of Dauphin 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. 7. DEBTS AND OBLIGATIONS Husband represents and warrants to wife that since the signing of this agreement, he has not, and in the future he will not contract or incur any debt or liability for which wife or her estate might be responsible and shall indemnify and Initials 6 Initials ~CQ1~ save wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to husband that since the signing of this agreement, she has not, and in the future she will not contract or incur any debt or liability for which husband or his estate might be responsible and shall indemnify and save husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 8. REAL ESTATE Husband and Wife are the joint owners of real estate located at 7 Sherwood Drive, Enola, Pennsylvania. The parties agree that said real estate shall be immediately listed for sale. The parties agree to cooperate with the sale of said real estate, and shall cooperate and follow the advice of the realtor as to the sales price and any other recommendations as made by the realtor. Upon sale of the real estate, the parties agree that the mortgage on said real estate shall be paid in full. If additional funds are received from the sale of the real estate, over and above, the mortgage, the parties agree that the loan due and owing on the Ford Expedition automobile in the current amount of $3,729.92 shall be paid in full and an additional funds shall be paid towards the loan on the Sante Fe automobile. The parties hereto agree that until said sale of the real estate and settlement occurs, the parties shall continue to deposit their funds into a joint account with Initials ~~~~-- 7 Initials ICO1/~ Members First Federal Credit Union and shall continue to pay all joint debt out of said account. Upon settlement of the real estate, the joint account with Members First Federal Credit Union shall be closed and any excess funds shall be divided between the parties one-half each. 9. PERSONAL PROPERTY Except as set forth hereto, husband and wife have agreed that their personal property has been divided to the parties' mutual satisfaction and neither party will make any claims to the property possessed by the other, except as set forth hereto: (a) Upon payment in full of the debt owed on the 2000 Ford Expedition, Wife hereby agrees to sign any documents necessary to transfer title to Husband alone. Husband shall be solely responsible for all debt and obligations in connection with said vehicle until such time as said debt is paid in full. Husband shall be responsible for the payment of costs to transfer said title. (b)Husband and Wife hereby agree that Wife shall become the sole and separate owner of the 2008 Hyndai Santa Fe automobile. If said automobile debt is not paid in full out of the proceeds of the sale of the real estate, Wife shall refinance any remaining debt into her name alone within ninety (90) days after settlement of the real estate. Husband hereby agrees to execute any and all documents necessary to accomplish said refinancing, including but not limited to signing the title to said automobile into the name of Wife alone. Wife shall be responsible for Initials ~!~~~~~ 8 Initials ~:D~/U all debt and obligation in connection with said vehicle as well as the costs for transfer of the same. (c) The parties acknowledge that there are currently two joint accounts with Members First Federal Credit Union. The parties agree to sign any documents necessary to remove their names from the account of the other, so that each party will become the sole and separate owner of one account at the Members First Federal Credit Union. 10. PENSION Husband and wife hereby acknowledge that both Husband and Wife have accumulated pensions, retirements, 401 (k)'s, IRA's, and other employment related benefits, throughout their marriage, and both Husband and Wife hereby waive all of their right, title and interest which they may have to the other's employment related benefits. Both parties agree to execute any documents necessary to accomplish this waiver within ten (10) days after presentation of the same. 11. MARITAL DEBT Husband and Wife hereby acknowledge that there exists joint marital debt which shall be paid as follows: (a) Husband shall be solely responsible for the debt owed Capital One Credit Card and the Internal Revenue Service. Husband hereby indemnifies and holds Wife harmless from the payment of said debt. Initials ~~~~ 9 Initials ~ (b) Wife shall be solely responsible for the debt owed Orchard Bank and J.C. Penney. Wife hereby indemnifies and holds Husband harmless from the payment of said debt. (c) Wife shall be solely responsible for the debt owed Beneficial and Wife hereby agrees to refinance said debt within ninety (90) days after settlement on the sale of the real estate, placing said debt into her name alone. Wife hereby indemnifies and holds Husband harmless for the payment of the same. (d) Wife will continue to maintain her State Farm Life Insurance Policy as well as the loan due and owing against said life insurance policy. 12. WAIVER OF RIGHTS The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1980, No. 1980-26, as amended February 12, 1998, particularly the provisions for alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and the parties hereby waive, release and forever relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. Initials 10 Initials ~~ 13. MUTUAL RELEASE OF CLAIMS Except as otherwise stated in this Agreement, husband and wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from the property hereafter accruing) of the other or against the estate of each other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have; specifically including any rights which either party may have or at any time hereafter have for past, present, or future spousal support, or maintenance, alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, costs or expenses, whether arising as a result of the marital relation or otherwise. It is the intention of the 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. 14. WAIVER OR MODIFICATION TO BE IN WRITING A modification or waiver of any of the terms of this Agreement shall be effective only if in writing, signed by both parties, and executed with the same Initials 11 Initials formality as this Agreement. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 15. 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 that purpose of giving full force and effect to the provisions of the Agreement. 16. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective legatees, devises, heirs, executors, administrators, successors, and assigns in the interest of the parties. 17. BREACH If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for payment of attorneys fees and all costs incurred by the other in enforcing his or her rights under this Agreement. Initials ~~~~~~ 12 .Initials ~~ 18. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 19. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs/provisions and sub-paragraphs hereof, are inserted solely for convenience of reference and shall not constitute apart of this Agreement nor shall they affect its meaning, construction or effect. 20. DIVORCE The parties hereto acknowledge that their marriage is irretrievably broken. The parties further agree to execute the necessary Affidavits of Consent and Waiver of Counseling, and Waiver of Notice of Intent to Request Entry of Divorce Decree upon request so that the divorce may become finalized. The parties further agree and acknowledge that this Property Settlement Agreement shall be incorporated into said Decree in Divorce; however, shall not merge therewith. The parties further agree that the divorce shall not become finalized until June 1, 2010, at which time both parties will execute the necessary documents permitting the divorce to become finalized. Until such time as the Decree in Divorce is entered, Husband shall continue to be covered under Wife's health insurance coverage through her employment. Husband hereby acknowledges that as of the Initials ~~~~ 13 Initials OuV entry of the Decree in Divorce, he will no longer be covered under Wife's health insurance. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness Witness _~~G~ `~I of e ~-~~ (SEAL) ROXANN L. NESS DENNIS D. NESS Initials 14 Initials /~~ ROXANN L. NESS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. DENNIS D. NESS, CIVIL DIVISION NO. 10-1010 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: ~ ~'7 c~ , 1. Ground for divorce: ~ ° Irretrievable breakdown under 3301 (c) rr: ~,~; ~ - ~~ -3~ W f ~ rv ~"! "~ ~ t-- (Strike out inapplicable section) `~ , cxs ~ ~-, 2. Date and manner of service of the complaint: ~ L -,~ ~-;~ ~, Certified Mail February 18, 2010 ~- ~ ; - rr~ 3. Complete either paragraph (a) or (b). ~' ~ a. Date of execution of the affidavit of consent required by 3301 (c) of th~ oca '"~ Divorce code: by plaintiff June 3, 2010 ; by defendant June 4, 2010 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: N/A (2) Date of filing and service of the plaintiff's 3301 (d) affidavit upon the respondent opposing party: N/A 4. Related claims pending: None 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: Simultaneously herewith Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: Simultaneously herewith. Attorney for aintiff/Defendant .,,_ F1LEi;--t~=~-EU~ _ y ~ r P+r o~ ,/'y','6'lt~~l ZQIU J~~~128 °~i 3~ ~8 ROXANN L.NESS, Plaintiff vs. DENNIS D. NESS, Defendant CUP,~r,- IN THE COURT OF CO~IvI~~~ ~'~~~5 CUMBERLAND COUNTY, PENNSYLVANIA No. 2010 - 1010 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of a Complaint In Divorce, under Section 3301(c) of the Divorce Code, has been served upon the Defendant, Dennis D. Ness, by First Class United States Certified Mail No. 7008 3230 0000 3417 8615 by depositing the same at the post office at Harrisburg, Pennsylvania, addressed to the Defendant, Dennis D. Ness, 7 Sherwood Drive, Enola, PA. 17025. Attached hereto is the return receipt card executed by the Defendant, Dennis D. Ness dated February 18, 2010, evidencing receipt of said Complaint in Divorce under Section 3301(c) of the Divorce Code. y submitted, BY: Diane M. L~YIs, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Attachment t ~ ^ Complete sterns 1, 2, enQ'9 Also Complete Nem 4 if ReBtrict6ci; Delhre'y ~ desired. ~ Print your namb and addiees on the reverse so that we can return the Darts to you. ^ Atf^ch this card to the back of the maiipiece, ar on the front if space permits. 1. ArticN A~ressed to: °i 7 She. 1~~,~e~ A X ~ °~ B. Received by (Printed Nerr)e _ .~ / Duey D. 1s delivery address difletent from item 1? 0~ H YES. enter delivery address below: ^ No ~n ~1 ~ r (~ l ~f~s-' ~ 0kd Mau o ~a AAaY u o Replstered ~m r~e~c~or Mera.,d.. A ~ptKeSS 2Q, ~ ~ ~ o Mau ^ c.o.o. a. Reedt~eed oelweryr ~ Fee~- 2' ~r"°~'r 7008 3230 0000 3417 8615 Al.a.llr IManr..wbrr arrb+~9 P6 ra+n X811, Febru^ry 2004 DorrrMdc RNran Fieodrk ,a~s~a:~swo 4°~ox~~n L. Ness ROXANN L. NESS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.10-1010 Civil Term n ~ ~, .~. ~ t -n t',c, r-- DENNIS D. NESS, :CIVIL ACTION -LAW • ~ rY. ~ `~ i_ C ~'i'1 _ j'~~ Defendant IN DIVORCE ; = ' ` ' ~ ~~ ~ = ~- ~~ .- <--~ -v ;~'~-~•; . AFFIDAVIT OF CONSENT ~ z t':~` s ~ ~ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 8, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in 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 made herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in 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 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 Waiver 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. wi Date: G(,tJ ~~ Dennis D. Ness, Defendant ROXANN L. NESS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.10-1010 Civil Term _ ° n DENNIS D. NESS, CNIL ACTION -LAW ~ ° Defendant IN DIVORCE m ~~ ~ ~s~,~- c.' - QD r' 3 3. : :(. ~ C AFFIDAVIT OF CONSENT "`- "~~w _ ;.. _~. ~~ -'-' 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on ~ ruar~ 8, 2010. try 2. The marriage of Plaintiff and Defendant is irretrievably broken .and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in 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 made herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in 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 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: / ~~~_1Y~~- Roxann L. Ness, Plaintiff ROXANN L. NESS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DENNIS D. NESS NO. 10-1010 Civil Term DIVORCE DECREE AND NOW, ~ y`11 ~ ~~~~ , it is ordered and decreed that ROXANN L. NESS plaintiff, and DENNIS D. NESS ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Property Settlement Agreement attached hereto and dated March 31, 2010 is incorporated herein but shall not merge herewith. By the Court, ~~ Attest: J. ~. ~. .~~ ~~ z~. 1= I! ED-OFFICF OF THE PROT6'OhOTbRY° [2101fl(SE?P'i2 ! 10: 2r ROXANN L. NESS, : IN THE COURT OO M MON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. DENNIS D. NESS, Defendant : NO.10-1010 Civil Term CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF INTENTION TO RESUME MAIDEN NAME COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Roxann L. Ness, being duly sworn according to law, deposes and says that she is the Plaintiff in the above suit in which a final decree from the bonds of matrimony was entered on July 7, 2010 and she elects to resume her prior name of Roxann L. Lebo and therefore, gives this written notice avowing said intention, in accordance with the provisions of 54 Y.S. 704. Roxann. L. Ness to be known as Roxann L. Lebo Sworn and subscribed to before me this 11 * day of , 2010. cy?a "_ [?A ?1? ?otary P 91C My Commission Expires: o VE 6' 10'N t 1 f!i,,1,,,;TB`'AL.TFi i i r?kaC?f i:UUrihy !'?! G s?a?utw u i i x tires Nov. 17, 2011 t...r ... _. _. Il9V7?1,&?r, 'AennwYtvania AsscaaatiOrs of rilUtaries 4r it W ee4 3'?Ql K;Fr-