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HomeMy WebLinkAbout05-1506 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. oS - /fDb C;u~lc.,~ JACQUELINE A. WARRILOW, Plaintiff ROBERT A. WARRILOW, Defendant CIVIL ACTION - LAW 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. When the ground for 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 . 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. Lawyer Referral Service Cumberland County Bar Association Two Liberty A venue Carlisle, PA 17013 (717) 249-3166 .. JACQUELINE A. W ARRILOW, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: OS'-Is-DI... C'v..L y~ ROBERT A. W ARRILOW, : Civil Action - Law Defendant : Divorce COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Jacqueline A. Warri10w, Jr., by her attorney, Kathy M. Shughart, and files this Complaint, based upon the following: 1. Plaintiff, Jacqueline A. Warrilow, born October 29, 1945, is an adult individual and national of the United States of America, who currently resides at 363 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Robert A. Warri10w, born April 14, 1959, is an adult individual and national of the United States of America, whose last known address is 3841 Brooklyn Avenue, Baltimore, MD 21225. 3. Plaintiff and Defendant were married on March 25,1988, in Durango, Colorado. 4. There is one child of this marriage. 5. Plaintiff and Defendant have been bona fide residents of this Commonwealth for at least six (6) months immediately prior to the filing of this Complaint. 6. There are no pending actions in divorce or annulment in this jurisdiction or in any other jurisdiction brought by either Plaintiff or Defendant above-named. 8. Plaintiff has been advised of the availability of counseling and that 7. Neither Plaintiff nor Defendant is presently a member of the Armed Forces on active duty. Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Plaintiff avers that the marriage is irretrievably broken. 10. The parties have been living separate and apart. At a subsequent time, Plaintiff may submit an Affidavit that the parties have lived separate and apart for at least two (2) years. 11. Plaintiff avers that Defendant has offered such indignities to the person of the Plaintiff so as to render Plaintiffs condition intolerable and Plaintiffs life burdensome. WHEREFORE, Plaintiffrequests your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. Respect By submitted, Vh ~~ Kathy . Shughart Attorney for Plaintiff P.O. Box 6315 27 South Arlene Street Harrisburg, PAl 7112-0315 (717) 540-8511 Supreme Court #39779 DATE: 3 - ( If'-Q5 VERIFICATION I, JACQUELINE A. W ARRILOW, verifY that the statements made in this Complaint in Divorce 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. () <<l. A.) -- 8 it.. \ ..() ...., 0 ~ 0 = -n C:~ <:';;) (:./,I .'-1 II) ::t: :r: --, "i':~ \-':,' rn~ -- ~ n'l':~ ".. f"- C> ~ t). --;<"'<T, :go ?J t,~." ...: N W -v ~{ (Jt? - :2:n -- F- .." '40 --.t:. :x f)rn be> ::~ :Pc: .. 5? :;2': C> :~ .- N . . JACQUELINE A. W ARRILOW, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 05-1506 CIVIL TERM v. ROBERT A. WARRILOW, Defendant : Civil Action - Law : Divorce PRAECIPE TO THE PROTHONOTARY: PLEASE reinstate the Complaint in Divorce filed on March 21, 2005. Respectfully submitted, / -~ [ yVf- BY-::::: )1 . I Kathy . Shughart, Esq J.D. No. 39779 27 South Arlene Street P.O. Box 6315 Hanisburg, P A 17112 (717) 540.8511 DATE: '1_ 2/- 0_) /------ ~ C;.:l .:.;1 """;:''''" ~CJ 7J '" ...0 .'. o ~Tl -' '-r'- f\1(..ol :~1, ,-' . " , .~ -,' >.: '- ,~ (~t\' -~ :~~ --<'J ....~.~ ...,,~ c....~ \'0 - - JACQUELINE A. W ARRILOW, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 05-1506 CIVIL TERM v. ROBERT A. W ARRILOW, : Civil Action - Law Defendant : Divorce ACCEPTANCE OF SERVICE I hereby acknowledge that I was served a copy of the Complaint in Divorce filed in the above-captioned Divorce action this Ie) ~ay of May, 2005. \' ~<-- ------- , Robert A. Warrilow, Defendant ~ r:-' r <.:;:.. "" MARITAL SETTLEMENT AGREEMENI THIS AGREEMENT, is made this day of ,!. i. ,2005, by and between JACQUELINE A. W ARRILOW, of Harrisburg, Dauphin County, Pennsylvania, hereinafter referred to as "Wife" and ROBERT A. W ARRILOW, of Harrisburg, Dauphin County, Pennsylvania, hereinafter referred to as "Husband." WHEREAS, the parties were married on March 25,1988; and WHEREAS, in consequence of disputes and unhappy differences, the parties have separated and are now and for some time have been living apart from each other and since their separation, have agreed to live separately and apart during the rest of their lives; and WHEREAS, the parties desire to confirm their separation and make arrangements in connection therewith, including the settlement oftheir property rights and any other rights and obligations growing out ofthe marriage relationship; and WHEREAS, the parties also desire to resolve issues concerning the custody and support ofthe parties' minor child. IT IS THEREFORE AGREED by and between the parties that: 1. CONSIDERATION. The consideration for this Agreement is the mutual promises and agreements herein contained. 2. SEP ARA TION. 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 may from time to time choose or deem fit. 3. NO INTERFERENCE. Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as ifhe or she were single and unmarried. Neither shall molest the other, nor compel, nor endeavor to compel the other to cohabit or dwell with him or her. 4. DIVISION OF MARITAL AND PERSONAL PROPERTY. Other than as set forth in this Agreement, the parties hereto agree that the marital property and personal property ofthe parties has been divided to their mutual satisfaction. The parties agree . that they shall retain all personal property in their respective possession and waive all rights as to marital property and personal property in the possession of the other spouse as of the date ofthe execution ofthis Agreement. 5. RELEASE OF INTEREST IN SEPARATE ASSETS. The parties hereto agree to waive any and all right to claim any interest or share in the separate assets retained by the other spouse. This waiver and release specifically includes any interest in each other's pension, employee benefits, life insurance, business interests, and any and all other separate assets. 6. WAIVER OF CLAIMS AGAINST ESTATES. Each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all right he or she may now have or may hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship including, without limitation, dower, thirds, curtesy, allowance, widow's allowance, homestead rights, right to take in intestacy, right to take against the will ofthe other, right to act as administrator/executor of the other's estate, and each party will at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 7. MUTUAl, RELEASE. Subject to the provisions ofthis Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrator, and assigns, release and discharge the other from all causes or action, claims, rights, or demands whatsoever, in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce. 8. WAIVER OF RIGHTS. The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under and pursuant to the Divorce Code, particularly the provisions concerning alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and hereby waive, release and relinquish any further rights they may respectively 2 have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. 9. AFTER-AcOUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right ofthe other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 10. MOTOR VEHICLES. The parties agree that Husband shall be solely responsible for the 2000 Mazda MPV currently titled in joint names and the loan therefor. Wife shall be solely responsible for the 1994 Mazda 626 currently titled in her name. The parties agree that they will hold the other free and harmless from any and all liability as a result of his ownership of their respective vehicle. The parties further agree that they will transfer the title to the vehicles from their joint names to Husband's name within thirty days of the date hereof. Husband shall bear all the costs of said transfer. 11. REAl, ESTATE. The parties jointly own an improved property in Longmont, Colorado, known as 402 11'" Avenue, Longmont, Boulder County, Colorado. Said property is subject to a mortgage with Option One Mortgage. The parties agree to continue to co-own this property until such time as Wife is able to refinance the property in her sole name or the property is no longer the primary residence ofthe parties' minor child, Diana, whichever last occurs. Upon such occurrence, Husband agrees to convey his interest to Wife. Until such time as the residence is conveyed to Wife, the parties shall continue to equally share the payment of the mortgage, taxes, and insurance which are not covered by the rental income from the property. The parties agree that the equity in said property shall not be further encumbered unless said proceeds are used for the educational expenses of Diana. The parties further agree that, until such time as the property is conveyed to Wife, each party will designate Diana as the beneficiary oftheir respective interest in said property in a valid Last Will and Testament. All of the foregoing promises are the joint and several promises of Wife and shall bind her, her heirs, personal representatives, successors and assigns. 3 Husband shall execute whatever documents are necessary to assign, convey and transfer to Wife all of his right, title and interest in the aforementioned real estate. Wife shall bear all of the necessary costs of the transfer of this real estate. 12. PARTIES' DEBTS. The parties shall be solely responsible for any and all debts which remain in their name as of the date hereof unless otherwise listed herein. The parties agree that they will hold each other free and harmless from any and all liability as a result oftheir respective debt. A. CREDIT CARDILOAN DEBT. The parties acknowledge that this list comprises a complete and accurate depiction of the marital credit card/loan debt which shall be divided between them. Creditor SallieMae (Sylvan Center) Texaco account ending 42-1 BP account ending 94- 7 JCPenney account ending 19-8 Wal-Mart account ending 679 Sears account ending 96-4 Capital One account ending 144 Citi Card account ending 440 Target account ending 499 Separation date balance $4,152.70 $148.44 $6l9.()) $300.35 $97.15 $111.52 $812.34 $1,299.12 $685.19 Husband shall be solely responsible for payment of the aforementioned Texaco account ending 42-1, BP account ending 94-7, Wal.Mart account ending 679,and Sears account ending 96-4. Wife shall return to Husband any credit cards for these accounts which she may have in her possession and the parties shall execute all necessary documents and take all necessary steps to remove her name from these accounts within thirty days of this Agreement. Wife shall be solely responsible for payment ofthe aforementioned SallieMae (Sylvan Center) loan, JCPenney account ending 19-8, Capital One account ending 144, Citi Card account ending 440, and Target account ending 499. Husblmd shall return to 4 Wife any credit cards for these accounts which he may have in his possession and shall execute all necessary documents and take all necessary steps to remove his name from these accounts within thirty days of his payment to Wife. Husband agrees to pay to Wife the sum of$3624.85 within sixty days of the date hereof, which represents one-half of the balance due on the debt retained by Wife and which amount also includes a credit of $488.06 for Wife's one-half share of the debt retained by Husband. B. IRS DEBT. The parties acknowledge an IRS debt in the approximate amount of$11,464.75 for taxes due in tax year 2002 and 2003. The parties agree that they shall each be responsible for payment of one-half of the debt, together with interest and penalties. The parties further agree to make immediate payment arrangements with the Internal Revenue Service for payment of their portion of this debt. Said payment arrangements shall be made within fourteen days of the date hereof. Should either party fail to act in accordance with this provision and it becomes necessary for the other party to pay any amount as a result of the breaching party's liability for the IRS debt pursuant to this provision, the breaching party shall be responsible for reimbursement of all amounts paid to the IRS by the other party as well as for payment of legal fees and costs incurred by the non-breaching party. 13. HORSES. The parties are the owners of two horses, Tess and Paint. Wife shall hereafter be the sole owner of Tess and shall have the sole financial responsibility for all expenses related to Tess, which shall include board and veterinary bills. Husband shall hereafter be the sole owner of Paint and shall have the sole financial responsibility for direct payment of all expenses related to Paint, which shall include board and veterinary bills. 14. ACCOUNTS. The parties agree that Wife shall become the sole owner of the checking and savings accounts with Pennsylvania Central Federal Credit Union. Husband shall become the sole owner ofthe checking and savings accounts at PNC. 15. WAIVER OF PENSION AND OTHER EMPLOYEE BENEFITS. The parties hereby waive any and all right to claim any interest or share in each other's 5 pension, retirement, 401(k) plans or individual retirement accounts which they may have through their respective employers. 16. EOUlTABLE DISTRIBUTION. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in the Divorce Code, and taking into account the fol1owing considerations: the length ofthe marriage; the fact that it is the first marriage for Husband and the second marriage for Wife; the age, health, station, amount and sources of income; contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited too medical, retirement, insurance or other benefits; the contribution or dissipation of each property, including the contribution of each spouse as a homemaker and caretaker of the child; the value of the property set apart to each party; the shared responsibility for al1 of the debts of the parties; the standard ofliving of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under the Agreement shall be in full satisfaction of all marital rights ofthe parties. 17. INTENDED TAX CONSEOUENcES. By this Agreement, the parties have intended to effectuate an equal division of their marital property. The parties have determined that such equal division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting the marital estate. As a part of the equal division of the marital properties and the marital settlement herein contained, the parties agree to hold each other free and harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. 6 18. TAX FIUNGS All federal, state and local tax returns required to be filed be the parties have been filed, and all federal, state and local taxes required to be paid with respect to the periods covered by the returns have been paid. Except as provided in Paragraph 12(B) herein, neither party has been delinquent in the payment of any tax, assessment, or governmental charge, has had any tax deficiency proposed or assessed against him or her, nor has executed any waiver of the statute oflimitations on the assessment or collection of any tax. 18.A. In the event that there be any deficiencies in state or federal income taxes, including penalties and interest, related to the joint income tax returns of the parties for years prior to tax year 2005 (the year of the divorce decree), it is agreed that the parties shall be proportionately entitled to any refund due to the parties for those years. Accordingly, the parties shall be proportionately responsible for the payment of any and all costs of defending the parties against any asserted deficiencies, or of prosecuting any refund claim. Both parties agree to cooperate fully in filing any and all necessary pleadings and documents, including protests, petitions, refund claims, and powers of attorney. 19. CHILD SUPPORT. Husband shall pay child support to Wife in the sum of Six Hundred ($600.00) Dollars per month. Additionally, until such time as the parties' minor child, Diana A. Warrilow, has attained an age or circumstance which requires her removal from insurance, Husband shall continue to provide health insurance. This provision is intended by the parties to include coverage available for Diana post-high school. Husband shall be responsible for Fifty (50%) and Wife shall be responsible for Fifty (50%) of any and all unreimbursed medical expenses, which shall include, medical care, hospitalization, prescriptions, eye, dental, and psychological or psychiatric counseling. The payment provisions hereof have been negotiated to take into account the parties' overall economic circumstances, including the equitable distribution of property provided for herein, and were agreed to by the parties with the specific understanding that neither the amount nor the duration thereof shall be subject to modification for any reasons, including material changes in financial circumstances, employment status or 7 marital status of either party. The understanding was an inducement and condition precedent to the execution ofthe overall Agreement. The parties hereby specifically agree that neither will seek a modification hereof in any court. 20. COLLEGE SUPPORT. Husband agrees to provide support for the parties' child, Diana, during her college years, provided that she remains a student in good- standing at an accredited undergraduate institution. Husband shall pay the greater of either Six Hundred ($600.00) Dollars per month or an amount equal to Wife's contribution to college support. 21. REPRESENT AnON BY COUNSEL. The parties acknowledge that both have sought or have had the opportunity to seek independent legal counsel. The parties further acknowledge that Wife is represented by Kathy M. Shughart, Esquire and that at no time has Husband been represented by Kathy M. Shughart, Esquire. Each party hereto has had the opportunity to review this Agreement, consult with an attorney and be advised by an attorney prior to the execution of this Agreement. 22. DIVORCE. The parties hereto agree to enter into a mutual consent divorce. The parties agree to execute the Affidavits of Consent and other requisite documents necessary to finalize the divorce within one hundred twenty days hereof. 23. BREACH. If either party breaches any provision ofthis Agreement, the other party shall have the right, at his or her election, to sue for damages of such breach or seek such other remedies as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. FINANCIAL DOCUMENT DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although they have been advised that it is their legal right to have such disclosures prior to entering into this Agreement. By executing this Agreement, the parties hereby acknowledge their satisfaction with the information presently available to them, each represents to the other that he or she has made a full and complete disclosure to the other of all assets and financial information of any nature whatsoever in which such party has an interest, and agree not to use non- disclosure as a basis to overturn this Agreement. 8 25. BANKRUPTCY. It is hereby understood and agreed by and between the parties hereto that Husband's agreement for payments following the date of execution of this Agreement shall not be affected by any bankruptcy proceeding instituted by or against Husband voluntarily or involuntarily, and should not be deemed to constitute or be dischargeable debt of a bankrupt. Husband further warrants that he has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him which have been initiated by others. 26. EXECUTION OF DOCUMENTS. Both parties hereby agree to execute any documents required to implement this Agreement. 27. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time, at the request of the other, execute, acknowledge, and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. SUBSF.OUENT RECONCILIATION. The parties agree that the terms of this Agreement shall not be effected by their subsequent reconciliation or resumption of marital relations unless the parties otherwise specifically agree in writing. 29. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 30. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default ofthe same or similar nature. 31. PARTIAL INV ALInITY. If any provisions of this Agreement are held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 32. VOLUNTARY EXECUTION. The parties hereby acknowledge that this Agreement is fair and equitable and that it is entered into freely and voluntarily, and that it is not the result of any duress or undue influence. 9 33. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such Divorce Decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purposes of enforcement of any of the provisions thereof. 34. APPLICABLE LAW. This Agreement shall be construed in accordance with the laws ofthe Commonwealth of Pennsylvania. 35. BINDING EFFECT. Except as otherwise stated herein, all provisions of this Agreement shall be binding upon the respective heirs, executors, or administrators of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. WITNESS: /' ~ ~7 JZ~a,{ Wit ess (~ ) ~~~~a#?r-> ne':A. Warrilow ,.: I ) " . \. " , Robert A. Warrilow 10 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the --l()-th day of J\rY'lem\\i?r ,2005, before me, the undersigned officer, a Notary Public in and for said County and State, personally appeared Jacqueline A. Warrilow, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged the above Marital Settlement Agreement to be her voluntary act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and seal. 1Yl,O~I'(\[\ilJ1, Pjj~u Notary Public ~MUNG. NOTAIl\'PllIILKl ......un TWP.. DAUPHIN CDUN'IY STATEOFJ:k~~ COUNTYOF ~ On this, the \~ day of \\\S\le-,"'~-Q4' , 2005, before me, the undersigned officer, a Notary Public in and for said County and State, personally appeared Robert A. Warrilow, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged the above Marital Settlement Agreement to be his voluntary act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and seal. ACKNOWLEDGMENT ..~~ ~tJ~=- NaIIrr NlIic, Cobb QlulIy. GA My CIln"~ Exp/I8I.ble 25. 2009 II ",;"", ""~ ,^',t ~'.".~ .,--..: _:.. . \J~,""'."<'" ,: <(, i : (. ',.;,,>"'- >,:' . .,,_~;:. "~~.;'._.:...J-"_."~ " ~.. \ t,.,.n~' . ".,,<,. ;iilJ ;. ~ ':' " .';#. " ..,:..,.,-~~._-'''' ,.,..) {l~(S ...:,,~J,~' ;...; \\j,\ti:;.~ , ...-,:-, cP <;;1, -' >':-'1 ~'--.. ~.~ ," (~ <1,n ,:;(:,r --., --' --A -.-". ""0.1 '.",- -- c..) JACQUELINE A. W ARRILOW, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 05-1506 CIVIL TERM ROBERT A. W ARRILOW, : Civil Action - Law Defendant : 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: I. Ground for divorce: irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and marmer of service of the complaint: First Class mail, on May 10, 2005, pursuant to an Acceptance of Service filed May 18,2005. 3. (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff on November 10,2005; by the Defendant on November 1, 2005. 4. Related claims pending: Marital Settlement Agreement dated November I, 2005 resolved all claims. 5. (b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: same as this Praecipe. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: same as this Praecipe. DATE: /1_ /0-05 hughart, Esquire Supreme ourt 10 #39779 27 South Arlene Street Post Office Box 6315 Harrisburg, P A 17112-0315 (717) 540-8511 c> c--. r-" (;:--;, '-~ "'.11 -' (~. c;'> (J -n .~-\ ~..(,--I', i:-,\:,~) ..-0 ~,~ c;) r .' v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 05-1506 CIVIL TERM JACQUELINE A. W ARRILOW, Plaintiff ROBERT A. WARRILOW, Defendant : Civil Action - Law : Divorce AFFIDAVIT OF CONSENT I. A Complaint in Divorce under ~330l(c) of the Divorce Code was filed on March 21,2005. 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 fmal 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a 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. ~ 4904 relating to unsworn falsification to authorities. DATED: 11-/0-05' INE A. W ARRILOW FF ("2 ~"" r-> 0 o::~~"'> -n ~ -" ",',-.- c'-~ .0:::: 0'\ -0 .,....,. -- - c,J (.oJ JACQUELINE A. WARRILOW, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY , PENNSYLVANIA : NO: 05-1506 CIVIL TERM ROBERT A. W ARRILOW, : Civil Action - Law Defendant : Divorce WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 (c) OF THE DIVORCE CODE 1. 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 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 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. DATED: 1/-/O--~5" (") <-, C':,:> c:;) I.:-.~l :- o ,., ::;;i f~:'i? (1.; ()"\ ,.<..,> '< --T', r~ (["; 'co.__ -~l (.) 0~J - JACQUELINE A. W ARRILOW, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLANDcOUNTY, PENNSYLVANIA v. NO. 05 - 1506 Civil Term ROBERT A. W ARRILOW, CIVIL ACTION - LAW Defendant DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 21,2005. 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 ofa final decree of divorce after service of notice of intention to request entry ofthe decree. 4. I have been advised ofthe availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not 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 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. u I I Date: ' i! ' { .: .f 111 " " f ' '" ROBERT A. W ARRILOW, Defendant JACQUELINE A. W ARRILOW, IN THE COURT OF COMMON PLEAS Plaintiff cUMBERLANDCOUNTY, PENNSYL VANIA v. NO. 05 - 1506 Civil Term ROBERT A. W ARRILOW, CIVIL ACTION - LAW Defendant DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE ]. 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 ofthe decree will be sent to me immediately after it is filed with the Prothonotary. I verify the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of]8 Pa.C.S. section 4904 relating to unsworn falsification to authorities. l -.. I ; i ( ", '" ,.! (:.1 \" :1, ROBERT A. WARRILOW, Defendant Date: :,1 J ~--.') ~.-.., ~j, ~::::~5 .~..(.:: o --n .-- cY' c.) 0:> . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~+~~+++++++++++++++++++++++++++~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . ~++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ +++++ ++++ +. +. ++ ++ ++ ++ ++ +.+++ +. '+' + + +. ++:+ +.:+ +.:+ + ++ IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY ~' ~" "'.. STATE OF '.., ![5i:~' y \l~y' (7 ....~;~f....~. . "t f~"0i1 ,.', ;~",~,-,,:~'+_.:~,,>.:_, PEN NA. JACQUELINE A. WARRILOW, No. 05-1506 CIVIL TERM Plaintiff VERSUS ROBERT A. WARRILOW, Defendant DECREE IN DIVORCE AND NOW, .v~ u~ IT IS ORDERED AND 2005 DECREED THAT JAC:OTJF.T.TNF. A ___, PLAINTIFF, WARRTT,OW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,. '+:+++++++++++++ AND ROBERT A. WARRILOW . , 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; The Marital Settlement Agreement dated November 2005, is 1, incorporated but not merged into this Decree. AL ROTHONOTARY J. . h ~ ~'Z__ ~f4 ->{/' c; ,~/ )::..~~~ P 7 r~ ~/ 'Pt7 ~W' t'J '(5;' . -\' '... .'l.. Ir.. ',. 1 . '