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HomeMy WebLinkAbout06-0095 vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA (). .fL,- L/OlL.. l8LhL : NO. 2006- CiS JEANNE DROPKIN, Plaintiff DANIEL J. DROPKIN, Defendant : CIVIL ACTION .. LAW : IN DIVORCE NOTICE TO PLEAD You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this Complaint and Notice are served by entering a written appearance personally or by attomey and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may los4~ money or property or other rights important to you. 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 717-249-3166 JEANNE DROPKIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.2006- 95 Ciud.Y~ DANIEL J. DROPKIN, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT Plaintiff, Jeanne Dropkin, by her attorneys, Broujos & Gilroy, I'.C., sets forth the following: 1 Plaintiff, Jeanne Dropkin, is an adult individual residing at 1180 Mountain Road, Newburg, Cumberland County, Pennsylvania. 2 Defendant, Daniel J. Dropkin, is an adult individual residing at 1180 Mountain Road, Newburg, Cumberland County, Pennsylvania. 3 Plaintiff and Defendant were married in Dauphin County Pennsylvania on August 29, 2001. 4 Both Plaintiff and Defendant have resided continuously in the Commonwealth of Pennsylvania and in Cumberland County for at least 6 months prior to the commencement of this action. 5 There have been no prior actions of divorce or for annulment bl~tween the parties. 6 The marriage is irretrievably broken. WHEREFORE, the Plaintiff requests your Honorable Court to enter a decree divorcing her from the Defendant. BROUJOS & GILROY, P.c. By t/lJi/ Hubert X. Gilroy, squire Attorney for Pia' tiff Broujos & Gilr6y, P.c. 4 North Hanover Street Carlisle, PA 17013 717-243-4574 VERIFICA nON I, Jeanne Dropkin, verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. (' lv-...\/,-O 1::Jj\\,~\t~ Jeanne Dropkin ;0 f.:I ~ C") ~, 0 ,:~~ \ c: >.} -0 #- - c'" 0 <--- :::1 :-;.7" 01 ~Jd W Q - , ''-oj ~ l/1 en "-> ~ )~\ :D W -<, ~ --~.' " II' - .- r C) vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-95 CIVIL TERM JEANNE DROPKIN, Plaintiff DANIEL J. DROPKIN, Defendant : CML ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(C) of the Divorce Code was fded on January 5, 2006. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about January 9, 2006. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date ofthe filing ofthe Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. 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. 6. 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 fded with the Prothonotary. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements hercin are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: 7 J f)..r;! 04> ( I ~N> (~ C) ..~ i'-.) 1.:::- (, vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-95 CIVIL TERM JEANNE DROPKIN, Plaintiff DANIEL J. DROPKIN, . Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330Hc) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(C) of the Divorce Code was filed on January 5, 2006. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about January 9, 2006. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. I understand that I may lose rights eoncerning alimony, division of property, lawyer's fees or expenses ill do not claim them before a divorce is granted. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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. r Date: ,. 2.' . f).6 '"J:) . 3 Daniel J. Dropkin ~M/ fendant t . c___ ::".;1 ;,\ ':"'t ~. -'~" ,:"'; f. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JEANNE DROPKIN Plaintiff Vs file No. 2006-0095 IN DIVORCE DANIEL J. DROPKIN Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one byvrking "x"] A prior to the entry of a Final Decree in Divorce, or . after the entry of a final Decree in Divorce dated hereby elects to resume the prior surname of Scannell and gives this written notice avowing her intention pursuant to the prOVd'SiO of 54 P.s. 704. Date: '1'd1-0~ _~ Dt'\9-flZ~ Signature COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On the _ day of , 2006, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarili!~i Shelly Brooks, Notary P>jbi", Carli8Ie Bore, Cumberland County My ComrnItlllOn SJq)i'G<! ,~, 2009 Member, Penn.y1vanla AI.OOlIUcm of IltNrla rr::z~/ NQtary Public ~ ,~-., i'\\ ':-l (. :.;:1 ~ ~ \:;,. ;-,,,,;. ;"lE:' C c:.~ ,-_.., ....... ~ ti '- ~ -''-, '1-> -. ~ :s w \' P , , ~ ~ t._,.-., " , ~ PROPERTY SETTLEMENT AGREEMENT THIS IS AN Agreement made this I I day of ~IA l.~ JEANNE DROPKIN (hereinafter referred to Wife) and (hereinafter referred to as Husband). , 2006, by and between DANIEL J. DROPKIN WHEREAS, Husband and Wife were married on August 29, 2001; and WHEREAS, various differences have arisen between Husband and Wife, whereby they have been living separate and apart; and WHEREAS, Wife has commenced a divorce action against Husband docketed at No.2006-95 in Cumberland County, Pennsylvania; and WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the property rights of the parties and to dispose of the rights and obligations of each to the other in respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights and obligations under the Divorce Code of 1980, as amended, and it is the intention and agreement of the parties that this Agreement be a full, complete and fmal settlement of all of those rights and obligations under said Divorce Code; and NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bound by tbe provisions hereof, the parties agree that their recitals form a part of this Agreement and waive any right to counseling under the Divorce Code of 1980, as amended, and right to counsel fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not provided for herein and agree as follows: 1 The parties agree that it shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart, from the other. 2 The parties jointly own real estate located at 1180 Mountain Road, Newburg, Cumberland County, Pennsylvania (the "real estate"). Husband agrees to convey the real estate to Wife in exchange for the payment of Fifteen Thousand Dollars ($15,000.00). Wife shall refinance the existing mortgage on the real estate and assume said mortgage and hold Husband harmless with respect to said mortgage. , . 3 Both parties agree that they waive any claims they may have to any pension or retirement accounts held by the other party. 4 Each party also hereby waives any claim they may have to any items of personal property in the possession of the other party. The parties agree that they have equitably divided all marital property owned by them. 5 Each party hereby represents they have disclosed all of the marital assets to the other party in the negotiations for the consummation of this Agreement. 6 The parties agree to execute the Consent Affidavits in order to finalize the divorce, the Wife agrees to proceed with finalizing the divorce case. 7 Both parties shall incur their own legal expenses with respect to this divorce litigation. 8 The parties agree that they will not contract or incur any debt or liability for which the other party might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against that party by reason of such debts or obligations incurred by the other party. 9 Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other sate, country, or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not he affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification and revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or its decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. . t . 10 Husband and Wife do hereby mutually remise, release, quit claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at anytime hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy of claims in the nature of dower or courtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all or other rights of the surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country or any right which either party may now have or at anytime hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or othenvise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 11 Each party individually covenants and agrees that he or she will individually assume the full and sole responsibility for legal expenses for his or her attorney and court costs in connection with any divorce action which may be brought by either party and shall make no claim against the other for such costs or fees. 12 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 or documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 13 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 the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. . f . 14 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. 15 It is specifically understood and agreed by and between the parties thereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 16 If either party breaches any provision of this Agreement, the other party shall 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 Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing the rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 17 This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 18 If any term, condition, clause 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. 19 Except as otherwise set forth herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 20 Husband acknowledges that this Agreement has been prepared by the firm of Broujos & Gilroy, P.c., which represents the Wife in the divorce action referenced above. Husband acknowledges that he has had the opportunity to review this Agreement with legal counsel of his choosing. . t IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: I#~"~~ ~ &;,~ \.("" Jea De Dropkin :::D-y ~ '0z L Daniel J. Drop . I Jj~' -/a~ J IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: # ~ 7ltk ~ V >~~ ~~rZV{\ ~ Dropkin ,~ -I~ i./ y,-_ 0 '=:>-'1 L Daniel J. Dropkin C.J ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ON THIS THE 11th DAY OF JULY, 2006 BEFORE ME A NOTARY PUBLIC, ANDREA A. CRIDER PERSONALLY APPEARED JEANNE DROPKIN AND DANIEL J DROPKIN KNOWN TO ME OR SATISFACTORILY PROVEN TO BE THE PERSONS WHOSE NAME IS SUBSCRIBED TO THIS INSTRUMENT AND ACKNOWLEDGED THAT HE/SHE EXECUTED THE PURPOSES THEREIN CONTAINED. IN WITNESS WHEREOF, I SET MY HAND AND OFFICIAL SEALS. C1~~Q.~ NOTARY PUBLIC MY COMMISSION EXPIRES: JULY 11, 2006 COMMONWEALTH Of PENNSYLVANIA Notarial Seal Andrea A Crider, Notary Public Newville Bora, Cumberland County My Commission Expires July 27, 2006 Member. Pennsylvania Association of Notaries (") f' dj'\:, \ . , ';2? ~ cr ,..- c:::. <';') - - -~ o -n '1...,., f1'r: '" -0 r-) ~n"j" ('J(") _.-1_1", -:'" -"'\ C?C;:?, ~',..- \ ' /;;~ Yo :..< U) .. r<l N . , JEANNE DROPKIN, Plaintiff, :IN THE COURT OF COMMON PLEAS OF :CUMBERLANDCOUNTY, PENNSYLVANIA v : NO. 2006-95 CNIL DANIEL J. DROPKIN, Defendant, IN DNORCE AFFmAVTT OF SFRVTrE I, Hubert X. Gilroy, being duly sworn according to law do depose and state that a copy of the Complaint and Notice to Plead filed in the above referenced matter was served on Defendant, Daniel J. Dropkin, by certified mail on or about January 9,2006. A copy of the Certified Mail - Retum Receipt Requested, Restricted Delivery, is attached hereto and marked Exhibit A. AlIen<r 7 200fi DATE ubert X. Gilro)j Esquire Attorney for P mtiff Broujos & G roy, P.C. 4 North Hanover Street Carlisle, PA 17013 717 - 243-4574 Sworn and subscribed before me this 7 COMMONWEALTH OF PENNSYLVANIA Notanal Seal Shelly Brooks. Notary Public Carlisle Boro, Cumberland County My Commies;':';' Expires Aug. 5, 2009 Member, ~Syl~~;la AsaOClatlol1 of Notaries day of August, 2006 '9 1,;;---- / . , I EXHIBIT A SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY . Complete items t, 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. ,.~ Miele Addressed to: A Signature o Agent o Addressee C. Date of Delivery X:\)~ DYes DNo B. Received by (Printed Na e) D", I'=' L 1p.l:..f"Z/ D. Is delivery address different from item 11 If YES, enter delivery address below: Mr. Daniel J. Dropkin 1180 Mountain Road Newburg, P~ 17240-9126 3. qe~e Type ~Certlfjed Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) es 2. Article Number (franslerfromservlcelab9/) 7004 1350 0003 7143 6747 PS Form 3811 , February 2004 Domestic Return Receipt 102595-02-M.1540 UNITED STATES POSTAL SERVICE IIIII First.Class Mail Postage & Fees Paid USPS Permit No. G.10 'K"Cc:\ (_10 00 . Sender: Please print your name, address, and ZIP+4 in this box. Hubert X. Gilroy, Esquire Broujos & Gilroy, PC 4 N. Hanover street Carlisle, PA 17013 Dropkin eel!)S 1...111."III...".iI.,Il..,li.ll.,,,,.II.,II,II.,..j..il.,.jI (') "" 0 = c C"~ .." a> -o~ ",. :r.." rnr;' c: nl-- ;;; "'-, .."fTI ,- 'c~1 CC.q ~ <::> (~C) r:-:: f:~ --,'. -. ~ -"'11 :......... '...f C) .-:: <.:.' ~~rn :i;. (::: :'2 (Jl ::0 N -< ~--~~.- JEANNE DROPKIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2006-95 CIVIL TERM DANIEL J. DROPKIN, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Complaint was filed on January 5, 2006 and served on Defendant on or about January 9, 2006 via US Certified Mail No. 7004 1350000371436747, return receipt, restricted delivery. 3. Affidavits of Consent required by Section 3301(c) of the Divorce Code were filed by Plaintiff and by Defendant on July 28, 2006. 4. Related claims pending: None. 5. Waivers of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301 (c) of the Divorce Code were filed by Plaintiff and Defendant on July 28, 2006. Date: August -2-,2006 Hubert X. ilroy, Esquire Attorne for Plaintiff Broujos & Gilroy, PC 4 North Hanover Street Carlisle, PA 17013 717-243-4574 (') C. 5 -'-.;C:: ~!;;- L_I_ ~):- c:;.t. ~~'(- ~~~ -< ~ = 0' Y" c::: G) - ~ --< :r:;.,... f1"\ P:: :;;\9,' ;:">h ~:J -i"', ._,-; \}~ Q -'I ~ ~ ....:;;0. '-P. N N IN THE COURT OF COMMON PLEAS . OFCUMBERLANDCOUNTY STATE OF PEN NA. . JEANNE DROPKIN, . Plaintiff No. 2006-95 Civil Term . . VERSUS DANIEL J. DROPKIN, Defendant . DECREE IN DIVORCE . . /J'1'" /r I" Z40 (, , , IT IS ORDERED AND . . . AND NOW, DECREED THAT JEANNE DROPKIN , PLAINTIFF, . . . . . . AND DANIEL J. DROPKIN , 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; . . . Property Settlement Agreement dated July 11, 2006 . is incorporated into this Order. . . . J. . . PROTHONOTARY _ P t n-.....yJt. 'll' U - ~ ~ it":fI- rr'- ~ -p" "J{J- LI ~ . . , , . ... ~""".:; ~"'~" " . . "