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HomeMy WebLinkAbout05-6522 KARLA M. ILLINGSWORTH, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW Mi).).. 2005 - CIVIL TERM PAUL E. ILLINGSWORTH, 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. 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, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KARLA M. ILLINGSWORTH, Plaintiff, v. CIVIL ACTION - LAW (,j' 22.- 2005 - CIVIL TERM PAUL E. ILLINGSWORTH, Defendant. IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(C) AND illl OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Karla M. IlIingsworth, by and through her attorneys, Irwin, & McKnight, and files this Complaint in Divorce against the Defendant, Paul E. Illingsworth. representing as follows: 1. The Plaintiff is Karla M. lllingsworth, an adult individual residing at 5155 East Trindle Road. Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Paul E. lllingsworth, an adult individual currently residing at 5155 East Trindle Road. Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on June 12, 1998 in Ellicott City, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301 (d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. Respectfully submitted, Dated: December 16,2005 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. I, ',"/ ' " i Ie eli", iI ' i. (CHI I'" , dl.... KARLA M. ILLINGSWdRTH Date: December 16,2005 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KARLA M. ILLINGSWORTH, Plaintiff, v. CIVIL ACTION - LAW 2005 - CIVIL TERM PAUL E. ILLINGSWORTH, Defendant. IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: I. 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. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. 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. I verity that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. , 'I. , 'I rib.... t.li \ ' i' ~l u.. ~ ,l{ , ./...: iiA. KARLA M. ILLINGWORtH Date: December 16, 2005 ~<;2~ '~c1 ~) <::::Y""> -..i --. -.J V ~ cf::, ---- s::-.. C'. ,--^ c (") c-- ~ c:.o7 ,,-," o rn c-> r",':' Ie:, b - (1' o -,-, -' :t--T'l fnp ~r1r'f", :{';q " .:.- '-:'<_It..~~ ,'.1, .,,--n '~:;(~ ~._.: rf\ ~~:: :i~ ...<. """" ::> (,;> L' oJ . - KARLA M. ILLINGSWORTH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CML ACTION - LAW 2005 - 6522 CIVIL TERM PAUL E. ILLINGSWORTH, Defendant IN DIVORCE NOTICE OF INTENTION TO RETAKE AND USE PRIOR NAME I, KARLA M. ILLINGSWORTH, hereby give notice, avowing my intention to resume and hereafter use my prior surname, to wit: KARLA M. SIL VA, in accordance with the provisions of the Act of December 16,1982, P.L. 1309, No. 295, Section 704(a) (54 Pa. C.S.A. 704(a). My divorce is docketed to 2005- 6522 Civil Tenn. I verify that the statements made in this document are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 16th day of December 2005. I', '. ~ L ( ',. '_l~\..,1. , ,~i..;.hC; ;: '; 'r \.-\... L. KARLA M. ILLINGSWORTH (SEAL) TO BE KNOWN AS: I '-'/_v\.._,t.~,,- j 1 \ -.\ ..l" t.. KARLA M. SILVA (SEAL) COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this 16th day of December 2005, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, KARLA M. ILLINGSWORTH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Notice of Intention to Retake and Use Prior Name, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand :and official seal. COMMONWEALTH OF PENNSYLVANIA NolarIaI Seal Mar1ha L Noel. NoIary PublIc c.rtIIIe BolD. Cmlb.olao ld CaIlIlt My Ca.,.1iI8!on Expires Sepl18, 7lX1I Member, Pennsylvania Association Of Nota".. (") ~, = 0 "'" c:: <= -n :;?:. oJ' ~ (') \,){'i"; 0 ~-n ~ ~]( 1"""\ n rilp --r:,f'n r <::; U) :'i'}tJ co J '" ,~1~ ~ :;;]\'. - - ~ <> ..." ~~~~- :It --i ~ ~ r-jril 'b 2..: !;-? ~ ~ ~ -S =2 w 55 """ en --< ~, "'" '(": .., C,.::.....~ :'"S"- --'1 '- KARLA M. ILLINGSWORTH, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW 2005 - 6522 CIVIL TERM PAUL E. ILLINGSWORTH, Defendant. IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.c.P. RULE NO. 1920.4 (a)(l)(i) COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight. m. Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Paul E. lilingsworth, on December 29, 2005, by certified, restricted delivery mail, addressed to him at 5155 East Trindle Road, Mechanicsburg, Pennsylvania 17050, with Return Receipt Number 7003 3110 000457705261. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 a. C. S. Section 4904, relating to unsworn falsification to authorities. Date: February 13, 2006 A. McKNIGHT, III, ESQUIRE or Plaintiff . - ,.., ..n ru Ll1 o I'- I'- Ll1 mOrEIE~~ A. , Coo J.30 Postage $ ;;r- o o o Return Raclepl Fee (Endorseme o Re d Delivery Fee M (En rsement Required) ,.., en Certified Fee Total Postage & FeQs 7< hi:'",":', ,.,: ~ ~ t~!~trf.A~ \' ~~ ;\, :t~~":~~,,- ,,1 ^."'.t,'./I:,hJ 3. S() ~. I$" PS Form 3800 June 2002 See Reverse for Instructions . . Complete items 1, 2, end 3. Also complete ~em 4 ~ Restrtcted 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: MR PAUL E lLLINGSWORTH 5155 EAST TRINDLE ROAD MECHANICSBURG PA 17050 2. Article Number (rransterfrom servIce /BbeQ PS Form 3811, February 2004 THIS SECTION ON DEL/VERY x DAgen! 0_ C. Date of Delivery B. Dyes DNo ;;;.... rasa Mail etum Receipt for Merchandise . Restricted Delivery? (Extre-i III Yes 7003 3110 0004 5770 5261 Domestic Return Receipt 102595-02-M-1540 .---~ -,-\ r" \ ,.:;) it, -- Li) ..-':'" ~ .. 0". I MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this l!t. day of February, 2006 by and between KARLA M. (lLLINGSWORTH) SILVA (hereinafter referred to as "WIFE") and PAUL E. ILLINGSWORTH, hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on June 12,1998, in Ellicott City, Maryland. WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania, docketed at 2005-6522 Civil Terrl1 on December 16, 2005. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and pennanent domiciles and to live apart from each other. It is the intent and pUlpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shaIl be final and shall forever detennine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. - - 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may cany on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein nor property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the 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. Each party to the Agreement acknowledges and declares that he or she, respectively: a. is represented by counsel of his or her own choosing; b. is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. enters into this Agreement voluntarily after receiving advice of counsel; d. has given careful and mature thought to the making of this Agreement; e. has carefully read each provision of this Agreement; and f. fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 2 - ~ 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualifY as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the p'lrties 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 a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and WWTants that he or she has made a full and fair disclosure to the other of all of his or her 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 Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during maniage. 3 - -- 7. REAL ESTATE: The parties own real estate at 5155 East Trindle Road, Mechanicsburg, Pennsylvania which is subject to foreclosure. HUSBAND agrees to be responsible for all utilities and expenses while he resides at the marital home from February 16, 2006. Any deficiency from the foreclosure action which is not discharged in bankruptcy will be equally shared by the parties. 8. DEBTS: HUSBAND will be solely responsible for his own debts and Y, of the utilities for the marital home prior to Februal)' 16, 2006. WIFE will be solely responsible for her debts. HUSBAND will indemnity and hold har:nless WIFE from all obligation related to his debts. WIFE will be solely responsible and will indemnity and hold harmless HUSBAND from any claim made against him related to her debts. 9. SPOUSAL SUPPORT AND ALIMONY: The parties hereby agree that neither party will seek spousal support or alimony from the other. 10. PERSONAL PROPERTY: The parties agree that the personal property shall be divided as follows: HUSBAND shall receive tte following items: a. The personal prcpeliy in his possession; b. His bank accounts; c. Any life insurance policy; d. His employee benefits; and e. Any retirement accounts in his name. 4 - WIFE shall receive the following items: a. The personal property in her current possession; b. Her bank accounts; c. Any life insurance policy; d. Her employee benefits; and e. Any retirement accounts including her military retirement account. The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 11. AUTOMOBILES: a. HUSBAND agrees to waive any and all interest which he may have in the automobiles in possession of the WIFE. HUSBAND will sign over the title WIFE upon her request. 5 ~ - ~ b. WIFE agrees to waive any and all interest which she may have in the automobiles in possession of the HUSBAND. They each waive any claim which they l1ave in any automobile owned by the other party. 12. INSURANCE, EMPLOYEE AND MILITARY BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, t;tle and claim to HUSBAND'S employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits including her military retirement. 13. BENEFITS Al"lD BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the sewings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he may have in the savings or checking or any other bank accounts of the WIFE. 14. DIVORCE: The panies ooth agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will 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 of the party who is seeking the divorce. 6 - 15. BREACH: If either party breaches any provisions of this Agreement, the other party should have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract will be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16. CUSTODY OF MARESA A. ILLINGSWORTH: The parties are the parents of Maresa E. IIIingsworth, age 4, born September 19, 200]. The parties agree that the WIFE will have primary physical and legal custody of Maresa E. IIlingsworth with periods of temporary physical custody with HUSBAND as the parties agree is in Maresa's best interest 17. 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. 18. VOLUNTARY EXECCnON: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement 7 -... - is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 19. 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. 20. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 21. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 22. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs and legal fees requ:red to (blain and complete the divorce. 23. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any ar,d all rights J'" cr she IT.ay now have or hereafter acquire, under the present or future laws of any jUrisd'ction, to s!1are in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, 8 ---- -- 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. and year first above written. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day \. I' . . -"-'77 I I i - 7 (SEAL) " ~i'~ . .' ,,'Vv c' ....,' J ..-<..." . " KARLA M. (ILLINGSWORTH) SILVA , )" (,I' -, \ j- 1 k I '~ J~, ;;;v) C-t:~--\ ~_/ ./ ";'-:t~~'/. .~, (SEAL) ) v PAUL E. ILLINGSWORTH 9 --- ~ COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND S8: . Q6~' PERSONALLY APPEARED BEFORE ME, this ~ day 0 ~\ 2006, a Notary Public, in and for the Commonwealth of Pennsylvania and County of umberland, KARLA M. (ILLlNGSWORTH) SILVA, known to me (or satisfactorily proven) to be the person whose name is subscrib;;d to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ,~~-) COMMONWEALTH OF PENNSYLVANIA ~ j NolariaI Seal Mar1ha L Noel. Notary Public Carlisle Boro. Cumbe<Ia. d County My eom.-. Expires Sept 18, 2007 Member, PenrlsyhiCin;i" A.,-SOCi?~iCJn Of Nolarres /l /. COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND S8: ~- 1.. PERSONALLY APPEARED BEFORE ME, this lL day of~4M ,../ , 2006, a f Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, PAUL E. ILLlNGSWORTH, knDwn to me (or satisfactorily proven) to be the person whose name is subsclibcd tv the w;i:hin M=iage Settlement Agreement, and acknowledges that he executed the same for the pUlpD'ieS therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. . COMMONWEALTH 0,. i'E"NSYLVANIA ; Notariar Seal . Setty S. KioUer, Notary Public Carlisle Born. Cumberland Couniy My Commission fSq:tires May 14, 2009 ) /7>-.. / /; -_L/' '- ".){..J-tl ~-t, / :/ I /. '. -:-- V '" ,\fJ;C'C1tJer,O(',"r:!1vf<'.':nk: ,c,s,c\~if.".Ii[)n 0: hio!c.:rle:' ]0 -- '" (' ,~ "'> ;:_:; C) ~;.. ., -$ :,'",.. :;:l !il.:Q ,- cj ~'~,l ;~:J --.I "'T" ~, ~, (-) ,~5ITl ~" -f ,,," ::0 '-< (-!? - - KARLA M. ILLlNGSWORTH, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION. LAW 2005 . 6522 CIVIL TERM PAUL E. ILLlNGSWORTH, Defendant. IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT L A complaint in divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed on December 16,2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: March 17, 2006 , 'c,/ 'J.;L-Pll. l.LU.cv KARLA M. (ILLlNGSW Plaintiff --;:i!. ~, u ~. . ...., ~-:::-,:> .:: :~:) c.-" C> " :::;J.." {""Il, -arn :iJY .~-)CJ i~~~:;, o .-..1 ~b :< ~, ~ -0 c..,': - KARLA M. ILLlNGSWORTH, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION. LAW 2005 - 6522 CIVIL TERM PAUL E. ILLlNGSWORTH, Defendant. IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: March 17, 2006 kLj/:~j- ~1l1. (J..1~V"'_C"V1'2Jt(:(\ J~:',_o KARLA M. (ILLlNGSWOR Plaintiff ......, :~:; c..... (J -n .-j :r: r-n:JJ ,- -pfTl ~)J~) ,:i'r: ~"-(') c--;cn ;:::t {, .< ~ 5~; :ov --.J =::~ (.~) - KARLA M. ILLlNGSWORTH, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2005 - 6522 CIVIL TERM PAUL E. ILLlNGSWORTH, Defendant. IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed on December 16,2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: March 17, 2006 /~ ,/' "1< / ( / r' .. ./ ,< ./.-1 /,' .,/ , ' , ':..~' .:.~ ( ..,/'[' /) .../ /.///'/~ - 1 "\ PAUL E. ILLINGSWORTH "-.../ Defendant /7"1 ," I CJ c: "" C:':'1 .~~:;) ;;.:)"~ o " ::::I 1-41.:D ,- -ofn _~JCJ .:_~~ (:) --',; :' 5:1J :.;>' (-) oJ"n :"-1 ~b -< ;:;:: ...." =-u -.J " :1:: s"? c) - KARLA M. ILLlNGSWORTH, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION. LAW 2005 . 6522 CIVIL TERM PAUL E. ILLlNGSWORTH, Defendant. IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: March 17, 2006 . /' /7 .' /' /'/ ....:.'// ," /I"(~ L~ (I Vi-- \' ] PAUL E. ILLlNGSWORTIi=:/ · I Defendant '-'" r~ ~..:":c. ~.." o ." :::J i=il :!J r- ."m ;!.~('i"J 'f .) .. ',. :..~?~~ :--jrn ;~-l ...,. :0 -< 3: );;;.,., :;0 -' :2 (:'? - KARLA M. ILLlNGSWORTH, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2005 - 6522 CIVIL TERM PAUL E. ILLlNGSWORTH, 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: L Ground for Divorce: irretrievable breakdown under Section 3301(c) and or (d) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Paul E. Illingsworth, on December 29,2005, by certified, restricted delivery mail, addressed to him at 5155 East Trindle Road. Mechanicsburg, Pennsylvania. 17050, with Return Receipt Number 7003 3110 0004 5770 5261. 3, Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by plaintiff: March 17, 2006; by defendant: March 17, 2006 (b)( 1) Date of execution of the affidavit required by Section 3301 (d) of the Divorce Code: (b )(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5, Complete either (a) or (b). (a) of which is attached: Date and manner of service of the Notice ofIntention to file Praecipe to Transmit Record, a copy (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: March 17, 2006, March 17, 2006, Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: /~ Date: March 17, 2006 c' ~~ ,;:~-::) c.:.... ..::> -'1 ::~;:.: :,-~.,.> >~ ::;:l !:;"ip -C'n~ ,-)0 '-<~ (~_\ -.l c.) -')_'.:1 ,::() --"-ln~ "--=, ,,~ .:-0 -< ++ C+;:+.:+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '.,'1 ., % <+ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+::+:~:+:~:+:+:+::+::+::+::+:+:+::+:~+~++++:+::+:~~+++~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+::+:+C+;+ :+::+::f.+:+:;+;++++++:+::+: :+:~+:+::+:+++:+:+~+ H +:+::+.++ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KARLA M.. ILLINGS\lORTH, No. 2005 6522 CIVIL TERM PLAINTIFF VERSUS PAUL E. ILLlNGS\lORTH. DEFENDANT DECREE IN DIVORCE ~ /0:1./(, A'. AND NOW, I\f~ , IT IS ORDERED AND Jr ~ DECREED THAT KARLA M.. ILLINGSWORTH , PLAINTIFF, AND PAUL E. ILLINGSWORTH , 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 Marriage Settlement Agreement dated February 16. 2006. and signed by the . . . . . . . . . . . :-t+ + + arties is hereb Decree, but not mer ed. ATTEST: OTHONOTARY .. +'f+++++:+: '1'+:+.++++++:+:+++++++ :+:"f.+ +++++"'+'+:+.++ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . _ ~7 $' r-"I4/ ?JL, ~.J>-e.[ ~J#( r-f2~7-7~~-r9 ")(/- ;>r::-F .' . .