HomeMy WebLinkAbout05-1261
SAIDIS
SHUFF, FWWER
& LINDSAY
A1TORNEYS4AT-UW
2:6 W. High Street
Carlisle, PA
II
I
MICHAEL DUNN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - lAW
NO. 2005 - I A ~ {
Plaintiff
vs.
CIVIL TERM
EMMARHONDA DUNN-WILSON,
Defendant
IN DIVORCE
NOTICE
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 0 f 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 at the Cumberland County Court House, Carlisle,
Pennsylvania, 1701 3.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
SAlOIS, SHUFF, FLOWER & LINDSAY
Attorneys for Plaintiff
By:
SAIDlS
SHUFF, FLOWER
& LINDSAY
AlTORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
II
I
MICHAEL DUNN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVil ACTION - lAW
NO. 2005-
Plaintiff
vs.
CIVil TERM
EMMARHONDA DUNN-WilSON,
Defendant
IN DIVORCE
COMPLAINT
Michael Dunn, Plaintiff, by his attomeys, SAlOIS, SHUFF, FLOWER &
LINDSAY, respectfully represents:
1. The Plaintiff is Michael Dunn, who currently resides at 143 15th Street, Apt.
4, New Cumberland, Cumberland County, Pennsylvania, 17070 where he has resided
since October 1999.
2. The Defendant is Emmarhonda Dunn-Wilson, who currently resides at 11700
Audelia Road, Apt. 417, Dallas, Texas 75243, where she has resided since August,
2003.
3. The Plaintiff and Defendant were married on October 30, 1991 in Columbus,
Georgia.
4. There have been no prior actions of divorce or for annulment between the
parties in this or in any other jurisdiction.
5. The Plaintiff avers that he is entitled to a divorce on the ground that the
marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c)
and/or (d) of the Divorce Code.
6. Plaintiff has been advised of ttfu availability of marriage counseling and of
,
the right to request that the Court require the parties to participate in marriage
counseling, and does not request counseling.
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
II
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WHEREFORE, Plaintiff requests the Court to enter a decree of divorce.
SAlOIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
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By: "'5i'
Carol J. Lind ay, EsqUl e
10 # 44693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Date: 75 ( '6/05"
SAlOIS
mUFF, FLOWER
& LINDSAY
A1TORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
II
I
VERI FICA TION
I, the undersigned, hereby verify that the statements made herein are true and
correct. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. S 4904, relating to unsworn falsification to authorities.
'l!kJ/;oiJ fi)~
Michael Dunn
Date:
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SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
MICHAEL DUNN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2005 - I;},~I
Plaintiff
vs.
CIVIL TERM
EMMARHONDA DUNN-WILSON,
Defendant
IN DIVORCE
AFFIDAVIT UNDER!:j 3301(dl OF
THE DIVORCE CODE
1. The parties to this action separated on August 1, 1997 and have
continued to live separate and apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. 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.
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and
correct I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. S 4904, relating to unsworn falsification to authorities.
, ,
Mld~I~{U(@~~U1
Date: 5 /51 r:, '::,
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SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS"AT"LAW
26 W. High Street
Carlisle, PA
MICHAEL DUNN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
~'\\; (SOn- ('lL''''''
EMMARHONDA DUW~-WILGON,
Defendant
CIVIL ACTION - LAW
NO. 2005 - In I
IN DIVORCE
CIVIL TERM
COUNTER AFFIDAVIT UNDER SECTION 3301 (dl
OF THE DIVORCE CODE
1. CHECK EITHER (A) OR (B):
x
(a)
(b)
I do not oppose the entry of the divorce decree.
I oppose the entry of a divorce decree because: (CHECK (i),(ii)
OR both):
(i) The parties to this action have not lived
separate and apart for a period of at least
two years; and
(ii) The marriage is not irretrievable broken.
2. CHECK EITHER (A) OR (B):
X (a) I do not wish to make any claims for economic relief.
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
(b) I wish to claim economic relief which may include
alimony, division of property, lawyer's fees or expenses or
other important rights.
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and
correct. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. S 4904, relating to unsworn Sl I tion to authorities.
Date: Off / 10<;-
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2005 - I ~ rer
CIVIL TERM
MICHAEL DUNN,
.vs. ."
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V\.i I ,~v" _'
EMMARHONDA 13U~I~I IA.'Ilgml,
Defendant
IN DIVORCE
ACCEPTANCE OF SERVICE
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I, EMMARHONDA {)u~m 'NILgOr~, Defendant above, accept service of the
Complaint in Divorce in the above captioned matter.
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SAlOIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS.AT-LAW
26 W. High Strett
Carlisle, P A
MICHAEL DUNN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
.vs.
Wilson . ~l(j"
EMMARHONDA BlJ~J~1 '^J1LOeN,
Defendant
CIVIL ACTION - LAW
NO. 2005 - Idlp I
CIVIL TERM
IN DIVORCE
NOTICE OF INTFNTION TO REOllFST
ENTRY OF D1VORCF nECREE
\AI; 1",,,,-, - 1)'1.M
TO: Emmarhonda DUI,f1 Wilson
11700 Audelia Road, Apt. 417
Dallas, TX 75243
YOU HAVE BEEN SUED IN AN ACTION FOR DIVORCE. You have failed to
answer the Complaint or file a Counter-Affidavit to the Plaintiffs Affidavit. Therefore,
on or after April 15, 2005, the Plaintiff can request the Court to enter a final Decree in
Divorce.
IF YOU DO NOT FILE with the Prothonotary of the Court an Answer with your
signature notarized or verified, or a Counter-Affidavit by the above date, the Court can
enter a final Decree in Divorce. Unless you have already filed with the Court a written
claim for economic relief, you must do so by the above date or the Court may grant the
divorce, and you will lose forever the right to ask for economic relief. A COUNTER-
AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT
IS ATTACHED TO THIS NOTICE.
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 BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 2005 - 1;Z 0 I
CIVIL TERM
MICHAEL DUNN,
V5.
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EMMARHONDA t>.'IL"U::!t.l,
Defendant
IN DIVORCE
PROPERTY SETTLEMENT AND SEPARATION AGREEMENT
THIS AGREEMENT made this J day of /4.?-vJ. J
2005, BETWEEN Michael Dunn, of 143 15th Street, A"J! 4, New Cumberland,
Cumberland C;;ounty, DPennSylvania, hereinafter referred to as Husband, AND
iN I ~}\- lU'/'\
Smmarhonda D";"i7.Viltmt'l, of 11700 Audelia Road, Apt. 417, Dallas, Texas, hereinafter
referred to as Wife.
RECITALS:
R.1: The parties hereto are husband and wife, having been joined in marriage
Y~i::xA
on, Octobel ::10, 1991 in Columbus, Georgia; and
R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of
Oumberland
Commonwealth
of
Pennsylvania,
to
Number
1 ,\(,("' 1"'/ I
,~ (..~ dcv-
, Civil Term; and
R.3: The parties hereto desire to settle fully and finally their respective financial
ahd property rights and obligations including, but not limited, of all matters between them
relating to the ownership of real and personal property, claims for spousal support,
alimony, alimony pendente lite.
R4: The parties also desire to settle their issues of custody of their minor child,
Michael Dunn, Jr. born July 7,1992.
NOW THEREFORE, in consideration of the covenants and promises hereinafter to
1
be mutually kept and performed by each party, as well as for other good and valuable
consideration and intending to be legally bound, it is agreed as follows:
(1) SEPARATION: It shall be lawful for each party at all times hereafter to
live separate and apart from the other party at such place or places as he or she from
time to time may choose or deem fit, free from any control, restraint or interference from
t~e other. Neither party will molest the other or endeavor to compel the other to cohabit or
d~ell with him or her by any legal or other proceeding. Each party shall be free of the
irjlterference, authority or contact by the other as if he or she was single and unmarried
e~cept as maybe necessary to carry out the terms of this agreement.
(2) DIVORCE: The parties acknowledge that the marriage is irretrievably
broken and that they will secure a mutual consent no-fault divorce decree in the above-
cllptioned divorce action. Upon the execution of this agreement, Wife will execute and
deliver to Husband a Counter-Affidavit pursuant to Section 3301(d) of the Divorce Code
indicating that she does not oppose the entry of the Decree in Divorce nor does she wish
to make any economic claims. If the Counter-Affidavit and the Acceptance of SeNice are
not retumed to counsel for the Plaintiff by April 1 , 2005, then this agreement shall have no
force or effect.
(3) DEBT:
A. MARITAL DEBT: Husband and Wife acknowledge and agree that there is
no outstanding debt or obligation which is marital for which the other might be liable
in~urred prior to the signing of this Agreement.
B: Post Separation Debt: In the event that either party contracted or incurred
arjly debt since the date of separation on August, 1993, the party who incurred said debt
2
shall be responsible for the payment thereof regardless of the name in which the debt
may have been incurred.
C: Future Debt: From the date of this agreement neither party shall contract
or incur any debt or liability for which the other party or his or her property or estate might
be responsible and shall indemnify and save the other party harmless from any and all
claims or demands made against him or her by reason of debts or obligations incurred by
tlhe other party
(4) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree
tihat they have effected a satisfactory division of the furniture, household furnishings,
~ppliances, tools and other household personal property between them, and they
l1!1utually agree that each party shall from and after the date hereof be the sole and
s~parate owner of all such property presently in his or her possession whether said
property was heretofore owned jointly or individually by the parties hereto. This
agreement shall have the effect of an assignment or bill of sale from each party to the
o~her for such property as may be in the individual possession of each of the parties
hereto.
(5) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes
ahy right, title or interest he or she may have in or to any intangible personal property
ciJrrently titled in the name of or in the possession of the other party, including, but not
li~ited to, stocks, bonds, insurance, bank accounts, individual retirement accounts,
employment benefits including retirement accounts, savings plans, pension plans, stock
plans, 401 K plans and the like.
(6) CUSTODY OF CHILDREN: The parties agree that legal and physical
3
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custody of their minor child, Michael Dunn, Jr., born July 7, 1992, shall be with Husband
and that Wife shall have periods of partial custody with the child as the parties can agree.
(7) CHILD SUPPORT: Husband shall not seek child support from Wife. Upon
the entry of the Decree in Divorce, Husband will notify the office of Domestic Relations of
Cumberland County that he is withdrawing his child support claim.
(8) ALIMONY: WAIVER OF ALIMONY: The parties acknowledge that
~ach has income and assets satisfactory to his and her own reasonable needs. Each
Rarty waives any claim he or she may have one against the other for alimony, spousal
s~pport or alimony and alimony pendente lite.
(9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has
~en notified of his or her right to consult with counsel of his or her choice, and have been
provided a copy of this agreement with which to consult with counsel, Husband is
r$presented by Carol J. Lindsay, Esquire and, Wife has been advised that he or she may
be represented by counsel of choice. Each party acknowledges and accepts that this
agreement is, under the circumstances, fair and equitable, and that it is being entered into
f$ely and voluntarily after having received such advice and with such knowledge as each
h~s sought from counsel, and the execution of this agreement is not the result of any
d~ress or undue influence, and that it is not the result of any improper or illegal
4
agreement or agreements. Each party shall pay his or her own attomey for all legal
services rendered or to be rendered on his or her behalf.
(10) 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 that may be reasonably required to give full force and effect to the
provisions of this Agreement.
(11) INCOME TAX: The parties have heretofore filed joint Federal and
State Tax returns. Both parties agree that in the event any deficiency in Federal, state or
I<ilcal income tax is proposed, or assessment of any such tax is made against either of
tthem, each will indemnify and hold harmless the other from and against any loss or
lil3bility for any such tax deficiency or assessment and any interest, penalty and expense
irjcurred in connection therewith. Such tax, interest, penalty or expense shall be paid
solely and entirely by the individual who is finally determined to be the cause of the
misrepresentations or failures to disclose the nature and extent of his or her separate
income on the aforesaid joint retums.
(12) BANKRUPTCY: The parties hereby agree that the provisions of this
Ajgreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any
ahd all obligations contained herein. In the event a party files such bankruptcy and
pUrsuant thereto obtains a discharge of any obligations assumed hereunder, the other
p!lrty shall have the right to declare this Agreement to be null and void and to terminate
t~is Agreement in which event the division of the parties' marital assets and all other
ri!\lhts determined by this Agreement including alimony shall be subject to court
determination the same as if this Agreement had never been entered into.
5
(13) COMPLETE DISCLOSURE: The parties do hereby warrant,
represent, acknowledge and agree that each is fully and completely informed of, and is
familiar with, the wealth, real and personal property, estate and assets, earnings and
income of the other and has made any inquiry he or she desires into the income or estate
af the other and received any such information requested. Each has made a full and
qomplete disclosure to the other of his and her entire assets, liabilities, income and
expenses and any further enumeration or statement thereof in this Agreement is
sjpecifically waived.
(14) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that
~ach of them has read and understand his and her rights and responsibilities under this
Plgreement and that they have executed this Agreement under no compulsion to do so
but as a voluntary act.
(15) FULL SETTLEMENT: Except as herein otherwise provided, each party
hereby releases the other from any and all claims, or demands up to the date of
e~ecution hereof. It is further specifically understood and agreed by and between the
parties hereto that each party accepts the provisions herein made in lieu of and in full
sfltllement and satisfaction of any and all of said party's rights against the other for past,
present and future claims on account of support, maintenance, alimony, alimony
pl9ndente lite, counsel fees, costs and expenses, equitable distribution of marital property
al1d any other claims of the party, including all claims which have been raised or may be
raised in an action for divorce.
6
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(16) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically
provided in this Agreement, Husband and Wife, for themselves, their heirs,
representatives and assigns, each hereby forever releases, remises, discharges and
quitclaims the other, and such other's heirs, representatives, assigns and estate, from
and with respect to the following:
A. All liability, claims, causes of action, damages, costs, contributions
ard expenses or demands whatsoever in law or in equity;
B. All rights, title, interest or claims in or to any property of the other,
whether real, personal or mixed and whether now owned or hereafter acquired;
C. All rights of courtesy and dower and all claims or rights in the nature
of courtesy and dower;
D. All widow or widower's rights;
E. All right, title, interest or claim in or to the other's estate, whether now
owned or hereafter acquired, including but not limited to all rights or claims:
(1) to take against the other's will;
(2) under the laws of intestacy;
(3) to a family exemption or similar allowance;
and
(4) all other rights or authority to participate or intervene in a
dE/lceased spouse's estate in any way, whether arising under the laws of Pennsylvania or
amy other country, territory, state or political subdivision.
F. All rights or claims to any accounting;
G. All rights, claims, demands, liabilities and obligations arising out of or
7
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in connection with the marital relationship or the joint ownership of property, whether real,
personal or mixed;
H. All rights, claims, demands, liabilities and obligations arising under
the provisions of the Pennsylvania Divorce Code, as the same may be amended from
time to time, and under the provisions of any similar statute enacted by any other country,
s~ate, territory or political subdivision;
I. All rights, claims, demands, liabilities and obligations each party now has,
dr may hereafter have, against or with respect to the other.
(17) GOVERNING LAW: This Agreement shall be construed under the law of
title Commonwealth of Pennsylvania. If any provision of this Agreement is determined to
b~ invalid or unenforceable, all other provisions shall continue in full force and effect.
(18) INCORPORATION INTO DECREE: In the event that either of the parties
srall recover a final judgment or decree of absolute divorce against the other in a court of
cbmpetent jurisdiction, the provisions of this Agreement may be incorporated by reference
or in substance but shall not be merged into such judgment or decree and this Agreement
shall survive any such final judgment or decree of absolute divorce and shall be entirely
irldependent thereof.
(19) BREACH: In the event that either party breaches any provision of this
Agreement, he or she shall be responsible for any and all costs incurred to enforce the
Agreement, including, but not limited to, court cost and counsel fees of the other party. In
tHe event of breach, the other party shall have the right, at his or her election; to sue for
d~mages for such breach or to seek such other and additional remedies as may be
available to him or her.
8
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(20) ENTIRE UNDERSTANDING: This Agreement constitutes the entire
understanding between the parties and there are no covenants, conditions,
representations, or agreements, oral or written, of any nature whatsoever, other than
those herein contained.
(21) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall
bind the parties hereto, their respective heirs, executors and assigns.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound have
Hereunto set their hands and seals the day and year first written above.
WITNESS:
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MICHAEL DUNN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 2005 - 1261 CIVIL TERM
EMMARHONDA DUNN-WILSON,
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:
1. Ground for divorce:
Irretrievable breakdo.....n uRder 3301 (c)
3301 (d) (1) of the Divorce Code.
(Strike out inapplicable section)
2. Date and manner of service of the complaint: Acceptance of Service on
Emmarhonda Wilson-Dunn (Dunn-Wilson) dated April 1, 2005 and
filed with Prothonotary q - ~ t - () S-
3. Complete either paragraph (a) or (b).
a. Date of execution of the affidavit of consent required by 3301 (c) of the
Divorce Code:
by plaintiff by defendant
b. (1) Date of execution of the affidavit required by 3301 (d) of the
Divorce Code: March 8, 2005.
(2) Date of filing and service of the plaintiff's affidavit upon the
respondent: April 1, 2005
4. Related Claims pending: None: The terms of the Prooertv Settlement
and Seoaration Aareement of Aoril1. 2005 are incoroorated but not
meraed into the Decree in Divorce.
4.
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: FIRST CLASS MAIL,
April 1, 2005
b. Date of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the
Prothonotary:
Date defendant's Waiver of Notice in 3301 (c) Divorce was fiied with the
Prothonotary:
SAlOIS
SHUFF, FLO R
& LINDS
A1TORNEYS-AT- W
26 W. High Str.,et
Carlisle, PA
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PEN NA.
MICHAEL DUNN
Plaintiff
No.
2005-1261
VERSUS
EMMARHONDA DUNN-WILSON
Defendant
DECREE IN
DIVORCE
AND NOW,
~J
,--
---z..<9D~
,__,
IT IS ORDERED AND
DECREED THAT
MICHAEL DUNN
, PLAI NTI FF,
AND
EMMARHONDA WILSON-Dum
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
None:
The terms of the Property Settlement and Separation Agreement
Divorce
of April 1, 2005 are incorporated but not me:r~ ~ll"lto the
By TH
PROTHONOTARY
J.
_ d'# ;; /'i'rz?J-[/ ??lJ:.<lU.., ;:).:,. s.
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...
,