Loading...
HomeMy WebLinkAbout04-3795 vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : No. 0 Y - d 79 f Civil Term KIMBERLY A. DORSEY, Plaintiff RICHARD B. DORSEY, Defendant : ACTION 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 St. Carlisle, Pa. 17013 (717) 249-3166 - KIMBERLY A. DORSEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 0 Y-,3 795 Civil Term RICHARD B. DORSEY, Defendant ACTION IN DIVORCE COMPLAINT IN DIVORCE I. Plaintiff is Kimberly A. Dorsey, a competent adult individual, who has resided at 2500 Cope Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055, since 2001. 2. Defendant is Richard B. Dorsey, a competent adult individual, who has resided at 2500 Cope Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055, since 2001. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on May 13, 2000 in Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have one child together, namely, Madelynn Rose Dorsey, date of birth September 19, 2001. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. ~&lJ),D.I/'ci~_ Ki:~r;;;' ~sey, PIai~tiff - tJ Date: I' ') D . 0 ~ KIMBERLY A. DORSEY, Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 04 - 3 ~l1" Civil Term RICHARD B. DORSEY, Defendant : ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this August 12, 2004, I, Jane Adams, Esquire, hereby certifY that on August 11,2004, a certified true copy of the NOTICE TO DEFEND AND COMPLAINT IN DIVORCE were served, via certified mail, return receipt requested, addressed to: Richard B. Dorsey 2500 Cope Drive Mechanicsburg, Pa. 17055 DEFENDANT Respectfully S m.littrl: . ~ CXaJ<<9... J Adams, Esquire I. . No. 79465 o South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 A TTORJ\lEY FOR PLAINTIFF ....., 0 ~ ~~ "'T1 :r,l'''' :1~ c::':: r"~lpJ, G~) ".,...,.I"n '.:"'lCJ N ) r -0 ,,~~:j -.... ,.'" In N -) ':~ 0 :;:1 0"' -:~ "C !" "2, (/) ~ ~ ~. ("'. \}" c. '" ~ Z <Xl a-~ ~. .-. g .-. 3 g ~ " ~ ~ s. ,J <0 II f') ?! " !!? .. (/J cF '" 0 V 0 ~ J \J 17 -.J , 0 -..J -, 0 0 $ ~ Cf1 0 ()'1 (' ~ W ('> 3 c.f\ J ~ b' ~ " 0 ~ b' 0 3 0 ,.. !" :n ~ 0 il' ~~~~. II 0 "9: .c !!> o. [ c: IC ~ 0 -..J ! ia;3; ~ Ql 8.-<' "" 0 3: a B:-g b' "- ",0. "" ! - g, <r i -..J 0 b' i 2 Ii m ;:: ~ :!; ~ ~ ~ ~ ~ <a 0. w' 0 ~ L.~~( t f" f ~~; '. hi.i' " . j . .' , I. Ju....lf ! I,:! \;111 iJ II,) ~ /i ::F ~ V) - i> , ~ ~ P- (0 > '1'- o..s;:. ~~::o.:m-zj* ~, (j 'C: <4=. ~ ~ o /,::I:-.,\} >. QJ l/) - ~ --' f ~ ~ .~ ~ co f\'J en CD &. i[ CI) i..: w CD !< "0 P c: CI) ~ tiJ . t- Z :::> rf) o r Q: ()-. ,- '- d U KIMBERLY A. DORSEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 04 - 3795 Civil Term RICHARD B. DORSEY, Defendant ACTION IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this /5/A day of ~ be/, 2004, b between, Kimberly A. Dorsey, of Mechanicsburg, PeIDlsylvania, hereinafter referred to as "WIFE", and Richard B. Dorsey, of Mechanicsburg, PeIDlsylvania, hereinafter referred to a "HUSBAND". and WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 13, 2000, in Dauphin County, PeIDlsylvania, and; WHEREAS, there was one child born of this marriage; WHEREAS, differences, disputes, and difficulties have arisen between the parties an it is the intention of Husband and Wife to live separate and apart for the rest of their naturalliv s, and the parties desire to settle their respective financial property rights and obligations as between each other; including the settling of all matters between them relating to ownership d equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has mad a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating in any way to the subject matter of this agreemen . These disclosures are part of the consideration made by each party for entering into this agreement. .OR\G\NAL 2. ADVICE OF COUNSEL. Husband is PRO SE and has not retained an attorne . Wife has employed and had the benefit or counsel of Jane Adams, Esquire, as her attorney. Each party has carefully and completely read this agreement and has been advised and is complet Iy aware not only of its contents but of its legal effect. . Richard Dorsey has been advised ofh s right to counsel, voluntarily elected to forego representation, and understands that Jane Ad Esquire is only representing Wife. 3. SEPARATION. The parties intend to maintain separate and permanent domici s and to live apart from each other. It is the intention and purpose of this agreement to set fo their respective rights and duties while they continue to live apart from each other. Neither arty shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoe er. Each party may carry on and engage in any employment, profession, business or other activi as he or she may deem advisable. Neither party shall interfere with the uses, ownership, e~oy ent, or disposition of any property now owned and not specified herein or property hereafter acq ired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Wife has file a Complaint in Cumberland County, claiming that the marriage is irretrievably broken under t e no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. Husband hereby expresses his agreement that the marriage is irretrievably broken and expre es his intent to execute any and all affidavits or other documents necessary for the parties to ob in an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby wive all rights to request Court Ordered counseling under the Divorce Code. The provisions ofth s Agreement relating. to equitable distribution of property of the parties are accepted by each p as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divor e Code. Should a decree, judgment, or order of separation or divorce be obtained by either of he parties in this or any other state, country or jurisdiction, each of the parties hereby consents d agrees that this Agreement and all of its covenants shall not be affected in any way by any su h 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, whet er or not either or both of the parties shall remarry. It is specifically agreed that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into ny divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being t e specific intent of the parties to permit this Agreement to survive any judgment and to be fore er binding and conclusive upon the parties. 5. DATE OF EXECUTION. The "date of execution" or "execution date" ofthis agreement shall be defined as the date upon which it is executed by the parties if they have ea h executed the 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 t s Agreement. All provisions of this agreement shall be effectuated by the parties within thi y (30) days ofthe execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. HUSBAND and WIFE each do her by mutually remise: release, quit-claim and forever discharge the other and the estate ofthe oth r, of and from any and all rights; titles, and interests, or claims in or against the property (includi g income and gain from property hereafter accruing) of the other or against the estate of such ther, or whatever nature and wheresoever situate, which she or he now has or at any time hereafte 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, or claims in the nature of dower or curtesy of 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 0 er rights of a surviving spouse to participate in the decease spouse's estate, whether arising und r the laws of Pennsylvania, any state, commonwealth, or territory ofthe United States, or any ther country, or any rights which Wife may have or at any time hereafter have against the other Ii past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs, expenses, or equitable distribution of marital property whether arising as a result of an marital relation or otherwise, except, and only except, all rights and agreements and obligati ns of whatsoever nature arising or which may arise under this agreement or for the breach of an thereof. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warra s that they have not contracted any debt or liability for the other or which the estate of the othe party may be responsible or liable, and except only for the rights arising out of this agreemen neither party will hereafter incur any liability whatsoever for which the other party or the esta e of the other party, will be liable. Each party agrees to indemnifY or hold harmless from the 0 er and against all future obligations of every kind incurred by them, including those for necessiti s. 8. OUTSTANDING JOINT DEBTS. (a) Wife agrees that the following debts are her own personal responsibility and there re agrees to completely and finally pay on the following debts and obligations. All debts in wife's name alone. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. All debts in Husband's name alone. (c) The parties do not have and agree not to incur any joint debts. 9. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. s3501 et. seq. and taking into account the following considerations: the Ie gth of the marriage, the age, health, station, amount, and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties, the contribution of each p to the education, training, or increased eaming power of the other party; the opportunity for ea h party for future acquisitions of capital assets and income; the sources of income of both p . including but not limited to medical, retirement, insurance or other benefits; the contributio or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of th marital property, including the contribution of each spouse as a homemaker; the value ofth property set apart to each party; the standard of living the parties established during the ma iage; and the economic circumstances of each party at the time the division of property is to beco e effective. The division of existing marital property is not intended by the parties to constitute i any way a sale or exchange of assets, and the division is being effected without the introduction f outside funds or other property not constituting marital property. The division of property der this Agreement shall be in full satisfaction of all the marital rights of the parties. As such, the parties acknowledge that Husband or Wife's obligation to make the payments defined in this agreement shall not be subject to termination, discharge, or discontinuance in bankruptcy or for any other reason or by any Court or tribunal. Should Husband or Wife pursue and action in bankruptcy and be successful in extinguishing his obligation to pay any debts for which he has assumed sole obligation as set forth herein, he 0 she shall immediately be obligated to pay alimony to the other party in an amount equal to the monthly obligation on such debts that he or she otherwise had assumed and for which he had taken sole obligation and responsibility, plus an additional fifteen percent (15%) in considera ion of the tax consequences associated with receipt of alimony. At the time of the implementatio of this alimony award, which may be made through the appropriate Domestic Relations of supp rt office with the Court of Common Pleas of appropriate jurisdiction as Husband or Wife may select, such party shall then be responsible for any such debts extinguished through the other party's bankruptcy as described herein. 10. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledg that they have previously divided all their tangible personal property. Except as may otherwi e be provided in this Agreement, Wife agrees that all ofthe property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of e property of Wife or in her possession shall be the sole and separate property of Wife. The part es do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, h or she may have with respect to the above items which shall become the sole and separate property of the other. 11. MOTOR VEHICLES. With respect to the motor vehicles, owned by one or b th of the parties, they agree as follows: (a) The 2002 Ford Explorer shall be and remain the sole and exclusive property of ife. The titles to the said motor vehicles shall be executed by the parties, if appropriate Ii r effecting transfer as herein provided, within thirty days of the execution date of this Agreem nt, and said executed titles shall be delivered to the proper parties on the distribution date. Eac party agrees to be solely responsible for the amounts presently due and owing against his or er respective automobiles. 12. MARITAL HOME. HUSBAND and WIFE hold title as Tenants by the Enti ties to the premises identified as 2500 Cope Drive, Mechanicsburg, Pennsylvania. The parties ag ee as follows with respect to the marital residence: (a) HUSBAND shall indemnify and hold WIFE harmless from any liability, cost or expense, in connection with any expense required to be made by HUSBAND includ but not necessarily limited to, the first mortgage, property taxes, and insurance with respect to aforesaid premises. As of the date of separation, and without regard to whe bills for such items are incurred, received or due, HUSBAND shall be solely respons Ie for all past, present, and future costs or liabilities associated with or attributable to maintaining the marital residence (except as provided herein), including but not limit d to, all real estate taxes, water and sewer rents, gas, electric, and telephone service, homeowner's insurance, and gardening expenses and repairs, and HUSBAND shall k ep WIFE and her successors, assigns, heirs, executors, and administrators indemnified a d held harmless from any liability, cost or expense, including attorney's fees, which are incurred in connection with such maintenance, costs, and expense. (b) On or before August 31, 2005, the parties shall list the marital home for sale with realtor selected jointly by the parties. The parties shall equally divide any proceeds fr the sale of the marital home, and/or shall equally divide any costs or expense of sellin the marital home. Upon sale of the marital home to a third party, Husband and Wife ill sign a Deed transferring their right, title and interest in the marital home over to the th rd party. Husband and Wife will cooperate and execute any docUlllents or instruments necessary to effectuate such transfer. (c) On or before August 31, 2005, Husband may refinance the loan obligation on the marital home in his name alone. If Husband successfully refinances the loan obligati n, the parties will not sell the home and Wife will execute a Deed transferring all her rig t, title, and interest in the marital home to Husband. 13. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree t waive any and all rights they have in and to each other's employment benefits, including bu not limited to both parties pensions and retirement plans and Incentive Savings Plans. The part es agree never to assume any claim to such benefits of the other at any time in the future. 14. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each part hereby waives any fight to spousal support, alimony, or alimony pendente lite, and each p agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a subst tial and adequate fund with which to provide for themselves sufficient financial resources to pr vide for their comfort, maintenance, and support in the station of life to which they are accustom d. Wife and Husband do hereby waive, release, and give up any rights they may respectively h ve against the other for alimony, support, or maintenance. It shall be from the execution ofthi Agreement the sole responsibility of each ofthe respective parties to sustain themselves wit out seeking any support from the other party. All alimony to be paid under this agreement shall terminate upon the recipient's remarriage or cohabitation with a person of the opposite sex. 15. INCOME TAX RETURNS. Husband and wife represent to each other that to he best of their knowledge all federal, state, and local taxes required to paid with during the marriage and during the periods covered by such tax returns have been paid. Husband and ife further represent that there are no tax deficiencies proposed or assessed against Husband an or Wife for such periods, and neither Husband nor Wife executed any waiver of the Statute of limitations on the assessment or collection of any tax for such periods. If any deficiency in federal, state, or local income taxes is proposed, or any assessment of any such tax is made against the other party by reason of his or her having joined in the filing of joint federal, stat or local income tax returns, Husband and Wife shall indemnifY and hold harmless the other ag nst and from any and all tax, interest, penalty, or expense relating from any such tax deficiency, including reasonable counsel and accounting fees, and such tax, interest, and penalties or expenses shall be paid solely and entirely by the responsible party as determined to be attributable to that party on account of misrepresentation or failure to disclose relevant information of income on the aforesaid joint returns. 16. CHILD CUSTODY. Husband and Wife are the natural parents of one child, namely, Madel}'llli Rose Dorsey. Husband and Wife shall share legal custody of their child. Husband and Wife shall share physical custody of their child. Husband and Wife shall mutu lly agree on each party's period of physical custody according to the child's best interests. 17. 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, d no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subseq nt default of the same or similar nature. 18. 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 an and all further instfunlents 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. 19. APPLICABLE LAW. The Agreement shall be construed in accordance with he laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution f this Agreement. 20. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There ar no representations or warranties other than those expressly set forth herein. 21. OTHER DOCUMENTATION. Wife and Husband covenant and agree that t ey will forthwith execute any and all written instfunlents, assignments, releases, satisfactions, eds, notes, or such other writings as may be necessary or desirable for the proper effectuation of is Agreement. 22. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and unless and until terminated under and pursuant to the terms ofthis Agreement. The failure 0 either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of an default or breach of any provision hereof by construed as a waiver of any subsequent default r breach of the same or similar nature, not shall it be construed as a waiver or strict performan e of any other obligations herein. 23. SEVERABILITY. If any term, condition, clause, or provision of this Agreeme 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 respec s, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under anyone or more of the paragraphs he ein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alt r the remaining obligations of the parties. 24. BREACH. If either party breaches any provisions of this agreement, the other p y shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract sho Id be responsible for payment oflegal fees and costs incurred by the other in enforcing their righ s under this agreement. 25. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreemen acknowledges that he or she is fully informed as to the facts relating to the subject matter of th s agreement, is entering into this agreement voluntarily, free from fraud, undue influence, co rcion or duress of any kind, has given careful thought to the making of this agreement, has carefu ly read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the d and year first above written: WITNESS: Date: WMMONWEAL TH OF PENNS':L V ANlA. wYovSlv of &",,/i3/~ ).ss COUNTY OF CUMBERLAND ) . -U -J.-, /. On this, the /0, day of / /1S?A(?~/.U./ , 2004, before me, the undersigned offi er, personally appeared RICHARD B. DORSEY known to me, (or satisfactorily proven) to be t e person whose name is subscribed to the within instrunJent, and acknowledged that he/she executed the same for the purposes therein contained. ) IN WITNESS WHEREOF, I hereunto set my hand and official seal. ! y commission expires: COMM~TH OF PENNSYLVANIA Notarial Seal ~..e AdllJJ1S, Notary Public Carlisle Born, Cumbed.." County My Commission Expires Sept 6, 2008 Ii :,~. L,,(,\L~ Kimberly A. orsey Date: Ilk;JOY COMMONWEALTH OF PENNSYLVANIA ) f),ZlY7.... u~ c:> f U.rv1J-~ ):ss ClfUNTY OF CUMBERLAND ) On this, the J<;jJ-- day OffJ20~'>W ' 2004, before me, the undersigned offi er, personally appeared KIMBERLY A. DORSEY known to me, (or satisfactorily proven) to b the person whose name is subscribed to the within instfUlllent, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My commission expires: SEAL COMMONWEALTH OF PENNSYLVANIA NOllIorial Seal Jane Adllll15, Notary ~blic Carlisle Bom, Cumbed"k County My Commission ExpIl'Cll Sept 6, 2008 ::.;~ --'.- (.)', ...., ~. f.. f ' () ! -------- KIMBERLY A. DORSEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 04 - 3795 Civil Term RICHARD B. DORSEY, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on August 3, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date ofthe tiling and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request en of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: l \ \ I~ pv\ Kimberly A. Dors WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &330Hc) AND &330Hdl OF THE DIVORCE CODE I. I consent to 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 expe ses 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 co of the decree will be sent to me immediately after it is tiled with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statemen s herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ~~ ~~ .) Kimberly A. Dorsey, aintif ... D Date: \ \. \c; \ Ol\ (-.'.' ....,- ~ '-. , ----- KIMBERLY A. DORSEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 04 - 3795 Civil Term RICHARD B. DORSEY, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT I. A complaint in divorce under section 330 I ( c) of the Divorce Code was filed on August 3, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed fro date of the filing and service of the Complaint. 3. I consent to the entry ofa final decree of divorce after service of notice of intention to request ent of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: \\. \t; . ~ ~ 2L{/ldl Richard B. Dorsey, Defendant ~ WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301lc) AND &3301ld) OF THE DIVORCE CODE ]. ] consent to 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 expe ses 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 co yof 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 stateme Is herein are made subject to the penalties of 18 Pa.C.S. ~4904 relatin to unsworn falsifi tion to authorities. Date: \ \ / ,( - ~~ .' ",~'..w ",,< \'~" (;". KIMBERLY A. DORSEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. 04 - 3795 Civil Term RICHARD B. DORSEY, Defendant : ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the Court for entry fa divorce decree: 1. Ground for divorce: irretrievable breakdown under &330I(c) of the Divorce Cod, 2. Date and manner of the service of the Complaint: Delivered bv certified mail. restricted deliverv. return receipt reauested on: August II, 2004. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce ode: By Plaintiff: November 15, 2004. By Defendant: November 15, 2004. 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in 9330I(c) Divorce was filed with the Prothonotary: November 15,2004. Date Plaintiffs Waiver of Notice in 9330I(c) Divorce was filed with the Prothonotary: November 15, 2004. D,re (( ~c; (o! Respectfully Submitted: e Adams, squire I . No. 79465 6 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff :+::+::+:+:+:++++ , , , + + + + + + , + + + + + + + + + + + + + + + + + + + + + + + + , + , + + + + + , + + + + + + + + + + + + + + + + + + + + + , + + + , + + + + , + + + , + , , + + + , + + + + , + + + , + + + + + + ++++++++++ ~~:+:~~:+: :+::+:~:+:~~~~~~ ~~~~~~~+:+:+++++++~++:+:+~~~~+~+~+:+:+++++++++~+~+++++++ + + + + + + + + + + + + , , , , , , , , , , , , , + + , , , , , , , , , , , , + , , + , + , , , , , , , , + , , , , , , + , , , , + , , + , , , , , , , + , + , , , , , , , , + , + , , , , + , , + , , , , + ~~++~+~+~++~+~+ + + ++ + ~++++++++++++++++++++~~+~+++++++++++++++}++ IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY STATE OF PENNA. Kimberly A. Dorsey, Plaintiff No. 2004 - 3795 CivilT No. VERSUS Richard B. Dorsey, Defendant DECREE IN DIVORCE it ~: ~l.f, ~, IT IS ORDER D AND AND NOW~ 1B Kimberly A. Dorsey DECREED THAT , PLAINTIF , Richard B. Dorsey AND , DEFENDA T, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHI H HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER H S NOT YET BEEN ENTERED; None; The property settlement agreement executed on November 15, 2004 and Filed November 15, 2004 shall be incorporated but not merged into this Decree. . PROTHONOTARY J. _ #P ~ ,pr~ AO ;,-ell !Z" % __ t.6j f"i! fO he. II p.m-?/Z! ~ - . Ir'{/ / "