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HomeMy WebLinkAbout05-1326 . F,IUser FolJer\Firm DocsIGcndocs2005\339S.1 divcomplainLwpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE L. FUNSTON-DILLON, Plaintiff v. CIVIL ACTION - LAW / L...--- NO.2005- JJ),(.. C;u~L I ~ JOSEPH S. DILLON, 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 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 otherrights 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT 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 170] 3 (717) 249-3166 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE L. FUNSTON-DILLON, Plaintiff v. CIVIL ACTION - LAW NO. 2005- Gu~l Y'ULVY) JOSEPH S. DILLON, Defendant IN DIVORCE COMPLAINT IN DIVORCE (h AND NOW, this L day of March, 2005 comes Plaintiff, Diane L. Funston-Dillon, by and through her attorneys, Knight & Associates, P.C., and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Diane L. Funston-Dillon, who resides at 3614 Kohler Place, Apartment 2, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Joseph S. Dillon, who resides at 4775 North Sherman St. Extended, Unit 228, Mount Wolf, Pennsylvania 17347. 3. The Plaintiff and Defendant are sui juris, and Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania and has so been for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The paliies were married on October 1, 1999, in Gettysburg, Pennsylvania. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Section 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. , 6. The Plaintiffhas been advised ofthe availability of counseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling, and Plaintiff waives same. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, Sean M. Shultz, squire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Plaintiff VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, infOlmation and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of I 8 Pa. C.s. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. M12MV f ~~lQ;jJyu Diane L. Funston-Dillon -{Q p -- p~ -0 \1- \-- C> <.II. - -- C> ~ \J ~ ~ v.> ""<;;) - r E -L.. ,"', \, ". -. ~~?~\ ~~\ ~::rl ._1 ::''': --I'. ill -',,' :'>J "-l '-) -'., - ... (:'? ..:- -- ~ '", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE L. FUNSTON-DILLON, Plaintiff v. CIVIL ACTION - LAW NO. 2005-1326 JOSEPH S. DILLON, Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this Jf'J. dayofJune, 2005, I, SeanM. Shultz, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint in Divorce filed in the above-referenced matter. The Complaint in Divorce was mailed on March 16, 2005, but actual service took place on March 21,2005, by Defendant signing for a copy of the Complaint in Divorce which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Joseph S. Dillon 4775 N. Sherman Street, Ext., Unit 228 Mt. Wolf, Pennsylvania 17347 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part bereof. Respectfully submitted, KNIGHT & ASSOCIATES, P.C. z~~ Attorney ill No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 --.... F:\User Folder\Finn DocslGeodocs2005\J398.1 cer,service.wpd Attorneys for Plaintiff ~ '- -, ~~".". .. . . . Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Joseph S. Di Jl On 4:J15 N. ShLrmlUl Sf. !Anif 2zg &f. MOun; Wolf, p1} 1"134--=1 2 7003 3110 0004 5770 0471 Domestic Return Receipt ,i"'" PS Form 3811. August 2001 1 COMPLETE THIS SECTION ON DELIVERY 3. Service Type"." ~rtified Mail 0 Express Mall . :~:'~ o Registered 0 Return ReceIpt for Merchandi~ '"': D. Insured Mail D C.O.D. ";:- ,:!'?i <I. Restricted Delivery? iExtra Fee) 102595-o2.M~1540 <~ 0 ....., ~ = C <:0 :<.:: CoM [31.:0 L X::o n r',-: c:: 2~~Ti :z: ~Fn ZS; , Vi.. ..: en (56 -< .-: r;:::c:. ~~ ~'CJ " 3: 5>8 C:.? ~ ~ w ~ .c- -<: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE L. FUNSTON-DILLON, Plaintiff v. CIVIL ACTION - LAW NO. 2005-1326 JOSEPH S. DILLON, Defendant IN DIVORCE AFFIDAVIT OF CONSENT ST ATE OF PENNSYLVANIA COUNTY OF flLllil hI ( ) wi ) : SS. ) I. A Complaint in divorce under Section 330l(c) of the Divorce Code was filed on March 14, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. 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 I 8 Pa. C. S., Section 4904 relating to unsworn falsification to authorities. Date: ) () ( ,2005 Ja~IM' X !0~^~ Diane L. Funston-Dillon '-';,")i.;vi:1.iSC':::',! Deity M. hJtlse~" :>.IO':~'ry PlIblir ' Sotth tv"1ck:l!eton -;'.~Ii'; C1.\,'jltrer'.1nd Co~::~'v I' "'Av S('>rTl'<;'Y' '. , v ' '" W'.,: '\( 1~ , () c r--> c::) = en ~ :J:l-n rn--. .."Fi :by C) C) ~=n 6~ -I ......~ ""1) ;...,,; - ""'.,~ c::> <: I w " -,'!~ -,,,,, Cf} N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE L. FUNSTON-DILLON, Plaintiff v. CIVIL ACTION - LAW NO. 2005-1326 JOSEPH S. DILLON, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &330HC) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: II! J/ 05 JJM.fiI-V ~ j;jM1~- t 0~ Diane L. Funston-Dillon ~ G ..".. q ..... I <.-' Q, ::C-rl fl."'?:: rrl -on -n.,.- 00 ':{.:::;.ll ;,-.--- i~?:C) ",._(0 ~~ .." ::r:. 'i? "~~ N - .', I" F:IUser FolderlFirrn DocsIGenc\Gcs1ll0S\'319B-lm:m2wprl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE L. FUNSTON-DILLON, Plaintiff v. CIVIL ACTION - LAW NO. 2005-1326 JOSEPH S. DILLON, Defendant IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT Zf){)/P THIS AGREEMENT, made this 2 D"!!2 day of::fanUUN"'h' 2.005, by and between JOSEPH S. DILLON, of 4775 North Sherman Street Extende , Umt 228, Mount Wolf, Pennsylvania, (hereinafter referred to as "Husband") and DIANE L. FUNSTON-DILLON, of3614 Kohler Place, Apartment 2, Camp Hill, Pennsylvania, hereafter referred to as "Wife." WITNESSETH: WHEREAS, Husband and Wife were married on October 1, 1999, III Gettysburg, Pemlsylvania, and WHEREAS, Husband and Wife have been living separate and apart from each other since May 22,2003; and WHEREAS, the parties are residents ofthe Commonwealth of Pennsylvania and have been so for at least the past six (6) months; and WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous ofIiving separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain oftheir marital rights and obligations, and make an equitable distribution of their marital property; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties ofthe parties while they continue to live apart from each other and to settle all financial ::J:JjJ"" b"w= ili=; "d P'go 1 of 8 DUD dPfl " WHEREAS, the parties hereto have mutually entered into agreement for the division oftheir jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and amble opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE 1: SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall deem fit free from any control, restrain, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness ofthe causes leading to them living separate and apart. ARTICLE II: DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either ofthe parties hereto from commencing, instituting or prosecuting any action or action for divorce. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event he and she are and ever shall be estopped from asserting any illegality or unenforceability as to all or any part ofthis Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property ofthe parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, county, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be effected 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 should remarry, it being understood by and between the parties that lsoF Page 2 of 8 DLFD. " this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by any ofthe parties hereto. It is understood by the parties that aDivorce Complaint has been filed in the Court of Common Pleas of Cumberland County at Docket Number 2005-1326. Such incorporation, however, shall not be regarded a merger, it being the intent of the parties to permit Agreement to survive any such agreements. ARTICLE III: EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length ofthe marriage; the prior marriages ofthe parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for each of the parties; the contribution of one party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage. 3.2 The parties shall retain sole and exclusive right, title and possession of all personal property currently in their possession. Except as provided for herein, Husband shall make no claim whatsoever for any personal property in Wife's possession. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession. Should it be necessary for either party to execute any documents to convey title to any such personal property in the other party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing party. 3.3 A. The parties' jointly owned real estate situate at 2249 Old Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania has been sold and the net proceeds have been divided equally between the parties. The parties agree that any further proceeds from said sale shall be divided equally between the parties. B. Wife agrees to transfer to Husband all herright, title and interest in and to the parties' jointly owned 2000 Seaswirl boat. Husband agrees to assume the loan on said boat to Wilmington JS~ Page 3 of 8 DLFD ..ri.1..fd' Trust with an approximate balance of $ I 7,000.00. Husband further agrees to indemnify and hold Wife harmless from any and all liability or loss in connection with same. C. Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in the possession of the other party. Husband agrees to transfer to Wife all his right, title and interest in the parties' 2002 Subaru Legacy Ltd. presently in Wife's possession. Wife agrees to assume sole responsibility for the loan on said vehicle to BeIco Community Credit Union with an approximate balance of Fifteen Thousand Dollars ($15,000.00). Wife further agrees to indemnify and hold Husband harmless from any and all liability or loss in connection with said loan. Wife agrees to transfer to Husband all her right, title and interest in the parties' 2002 Chevy Silverado presently in Husband's possession. Husband agrees to assume sole responsibility for the loan on said truck to Be1co CCU with an approximate balance of $26,000.00. Husband further agrees to indemnify and hold Wife harmless from any and all liability or loss in connection with said loan. If necessary, within thirty (30) days ofthe date of execution of this document, each party shall execute the necessary documents to have said vehicle property registered in the other party's name with the Pennsylvania Department of Transportation. D. Husband agrees to refinance the loans on the boat and the 2002 Chevy Silverado within 90 days to remove Wife's name from said loans. 3.4 Except as provided herein, Wife waives any right or interest she may have in Husband's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters. Except as provided herein, Husband waives any right or interest he may have in Wife's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters. 3.5 Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. ARTICLE IV: RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony pendente lite, spousal support, or maintenance. Jsnj1f2 Page 4 of 8 DLFD * Husband and Wife specifically waive, release and give up any rights for alimony that they may be entitled to pursuant to Chapter 37 ofthe Pennsylvania Domestic Relations Code. It is understood by the Parties that Husband presently has a bankruptcy claim pending before the Bankruptcy Court for the Middle District of Pennsylvania at Docket # Therefore, the Parties further agree that paragraph 4. I shaH be voidable at Wife's option as it relates to Wife's waiver of alimony if Husband discharges in bankruptcy within six years from the date of execution of this agreement any debts for which the Parties may be jointly liable. If Wife chooses to void paragraph 4.1, she shaH provide such notice to Husband in writing within six months from the end of the aforesaid six-year period. ARTICLE V: DEBTS OF THE PARTIES 5.1 Each party represents to the other that except as otherwise specificaHy set forth herein, there are no major outstanding obligations of the parties, that since the separation neither party has contracted for any debts for which the other wiH be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. The parties agree to indemnify and hold each other harmless from any and all loss or liability in connection with said marital debts. In the event either party contracted for or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged except as otherwise specifically set forth herein. Husband shall assume sole responsibility for the following marital debts and agrees to indemnify and hold Wife harmless from any and all loss or liability in connection with same: A. Wife shall be solely responsible for the Belco Visa, Hechts and all other credit cards held in her name and shall indemnify and hold Husband harnlless from any and all liability or loss in connection with same. B. Husband shall be solely responsible for the Belco Visa, Capital One, Hechts and all other credit cards held in his name and shall indemnify and hold Wife harmless from any and all liability or loss in connection with same. ARTICLE VI: MISCELLANEOUS PROVISIONS 6.1 The Parties hereto have retained independent legal counsel. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel or the parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. Knight & Associates, P .C. represents Husband and Wife consents to same. Joanne )S~ Page 5 of 8 DLFD-dJfJ Floyd, Esqnire represents Wife and Husband consents to same. The parties acknow ledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property of the other or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other. 6.3 Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided herein. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date ofthis Agreement. 6.6 This Agreement shall be binding and shall inure to the benefit ofthe parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.7 This Agreement constitutes the entire understanding ofthe parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. Js~fll Page 6 of 8 DLFD~ . .' 6.8 If any ternl, condition, clause, section, 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. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.9 The parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her personal property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each further warrants, represents, and declares that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns (including supporting documentation) filed by or on behalf of either or both Parties during marriage. 6.10 In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non-breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur, including but not limited to filing fees and attorney's fees, in any action or proceeding to enforce the terms of this Agreement. 6.11 This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this Agreement is the mutual benefits to be obtained by both ofthe parties hereto and the covenants and agreements of each ofthe parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. JS~ Page 7 of 8 DLFD...d1fJ- ". . ., 6.12 The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties wilI execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees, including attorney's fees, of the party who is seeking the divorce. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. WITNESSED BY: /(J~~ '-i ,jL~-~ Diane L. Funston-Dillon , jjf) JS~ Page 8 of 8 DLFD~ ">..r (') ..-.... :.":' U) .-<; ", , , <;:',,") () -q --.f ~- i't':;D '.,.~ . ~:- f',-, ., ;-,.~ Ul --., r.._l .- i .r~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE L. FUNSTON-DILLON, Plaintiff v. CIVIL ACTION - LAW NO. 2005-1326 JOSEPH S. DILLON, Defendant IN DIVORCE AFFIDAVIT OF CONSENT STATE OF PENNSYLVANIA COUNTY OF '10 tZ K ) SS. ) 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on March l4, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. 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: Ot//4()~ ,2005 ~xlO~ Joseph S. Dil:1 Sworn to and subscribed before me this 20 dayofJrLncw,':j ,20q$.(" J/U.1AAJ'1iJ 11ft J l'AiJ)L / Notary Public ( I NOTARIAL SEAl TAMERA M. HENRY, Notary PubfJc i S~ringe!lsbu.)' Twp.. Yarn County ! My Commission Expires Feb. 27. 2006 ~" -- ---...------- CJ c' '- l-::' H-n \'''') (" ~ , -t'~, - \,,-.3 c o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE L. FUNSTON-DILLON, Plaintiff v. CIVIL ACTION - LAW NO. 2005-1326 JOSEPH S. DILLON, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(C) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: 0/ ?-ojo0 ~ F:\User Folder\Film Docs\Gendocs2005\J398-1 waiver,notice.wpd --- ~ (i\ ,;.;,;.. c' (-:.' ::;:';: \'~ c)', ....-;",. ~~'" ,""yJ .' C' ,j;J - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE L. FUNSTON-DILLON, Plaintiff v. CIVIL ACTION - LAW NO. 2005- 1326 JOSEPH S. DILLON, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: 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: served on Defendant by United States Certified, Retum Receipt Requested, Restricted Delivery Mail on March 21,2005. 3. Date of execution of the Plaintiffs Affidavit of Consent required by Section 3301 (c) of the Divorce Code; November I, 2005; by the Defendant; January 20,2006. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in ~330 I (c) Divorce was filed with the Protbonotary: November 3, 2005. Date Defendant's Waiver of Notice In ~330l(c) Divorce was filed with the Prothonotary: January 25,2006. Date: January 24, 2006 n ultz, Esqu e Attorney 1.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attomeys for Plaintiff F\User FolderlFillTl Docs\Gendocs2006\3398-1 praecipewpd C) C ~, ~:>:~ c, , ( f',,) c...."1 ':'? C. \...0 c:) ~n :.-rJ rli fI] I--:~ 'f'f:+'+::++' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'f'f:+:+ ... . .. 'f0f,:+:+ . :+:+'f'f'f'f+''f'f'f+~'f++'+'+'+'f'+:+''f++.+.~ . . . . . + + + + + + + + + + + + + + + + + + + + + + + + . . . + + + . + + + . + + + + + + + + + + + + + + + + + + + + + + + + + + . + + + + + + + + + + . + + . + + + + + + + + + . . +. + 'f +:+:+'f . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DIANE L. FUNS'lUl-DILIrn, PENNA. STATE OF No. 2005-1326 Plaintiff VERSUS JOSEPH S. DILIrn, Defendant DECREE IN DIVORCE c:::r 1:3'/.1'1 . -:r~, fo(r" 31 2006 IT IS ORDERE:D AND + + + + + + + + + + + + + + + + + + + + + + + + . + + + + + + + + + + + . + + + + + . + + + + + + . + + + + + +~ 'f 'f 'to AND NOW, --, DIANE L. FUNS'lUl-DILLCN _, PLAINTIFF, DECREED THAT JOSEPH S. DILIrn " DEFENDANT, AND A~'E 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 H.AS NOT YET BEEN ENTERED; The Marriage Settlement I\greement dated January 20. 2006. is incorporated by reference. + + + + + + + + + + . . 'f'+:+''f'f,+:++.+.+'f++'+''f'f+++'f? ATTEST: PROTHONOTARY . 'f 'f. 'f 'I-: 'f 'f +. Of + 'f'l-::+:+:+.:+:'f+.:++.++'f'l' . :+:'f'f+.+.:+:'f+. ++.+''f't' :+:'t':+:+. J. . /~;? Z ~;r~.~/ lf7"~o'L, }1/ - ':;"-*,~/A, y~ ~:{r'~ :? /f7'z,1f/'~) /7?J -7(/ . .. - (-:.' !'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE L. FUNSTON-DILLON, Plaintiff v. CIVIL ACTION - LAW NO. 2005- 1326 JOSEPH S. DILLON, Defendant IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter having been granted a Final Decree in Divorce from the bonds of matrimony on the 3 I st day of January, 2006, hereby elects to retake and hereafter use her previous name of Diane Louise Funston and gives this written notice avowing her intention in accordance with the provisions ofthe Act of December 16, 1982, P.L. 1309, No. 295, Section 2, 54 Pa. C.S.A. Section 704. ~~ Y~J~, Jy)~lM~tv Diane Louise Funston-Dillon L~~ Diane Louise Funston JJA~r'~ COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) On the 22t~day of February, 2006, before a Notary Public, personally appeared Diane Louise Funston-Dillon, to be known as Diane Louise FWlston, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. F\User FoldcrlFi"n Docs\Gendocs2D06\3398_1retakemaiderl_n.irl1<:. wpd COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL PENNY S. YOHE, Notary Public Camp Hill Bora, Cumberland County My CommiSSion Expires June 13, 2009 -lg. 0 ~ ~\ ~ - ~ -- .J::. i --0 F- -c {) ~ -c .....r::: r '. , f^'~' -",.,. --- r,.,'"