HomeMy WebLinkAbout06-3466
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VIRGINIA T. DAY,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
Plaintiff
VS.
NO. /;{p - 3'fU (!M.JL
KENNETH J. DAY,
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, 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 in
the office of the Prothonotary at the Cumberland County Court House, One Courthouse
Square, Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 nnSPAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
II
VIRGINIA T. DAY,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
Plaintiff
vs.
NO.
KENNETH J. DAY,
Defendant
CIVll.. ACTION - LAW
IN DIVORCE
A VISO PARA DEFENDER Y RECLAMAR DERECHOS
USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las
quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que
si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede
ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra
por cualquier otra queja 0 compensacion reclamados por el demandante, Usted puede perder
dinero, 0 propiedades u otros derechos importantes para usted.
Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del
matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales
esta disponible en la oficina del Prothonotary, en la Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania, 17013.
SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL
HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO
FINAL DE DIVORCIO 0 ANULAMIENTO SEA MEITIDO, USTED PUEDE PERDER EL
DERECHO A RECLAMAR CUALQUIERA DE ELLOS,
USTED DEBE LLEV AR ESTE P AREL A UN ABOGADO DE INMEDIA TO, SI
NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VA Y A 0 LLAME A LA OFICINA
INDICADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA
LEGAL,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
II
VIRGINIA T. DAY,
IN mE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 0(, - 3i1{,t., Ct;".J
Plaintiff
vs.
KENNEm J. DAY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT UNDER SECTION 3301(c)OF THE DIVORCE CODE
AND NOW, this
/;<7
J5 day of
.
2006, comes
the Plaintiff, Virginia T. Day, by her attorney, Ja
, Alexander, Esquire, and files this
Complaint upon a cause of action of which the following is a statement.
L Plaintiff is Virginia T. Day, who currently resides at 1550 Williams Grove Road,
Lot 61, Mechanicsburg, Monroe Township, Cumberland County, Pennsylvania 17055.
2. Defendant is Kenneth J, Day, who currently resides at 335 S. Sporting Hill Road,
Mechanicsburg, Hampton Township, Cumberland County, Pennsylvania 17050.
3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months
immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on September 8, 1990 in Linglestown,
Dauphin County, Pennsylvania by a Minister.
5. There were no children born between the parties during the marriage.
6. There have been no prior actions of divorce or for annulment between the parties,
II
7. The parties have not entered into a written agreement as to alimony, counsel fees,
cost, and property division.
8. Plaintiff has been advised that counseling is available and that Plaintiff may have
the right to request that the court require the parties to participate in counseling.
9. The marriage is irretrievably broken,
WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce
from the bonds of matrimony.
COUNT II
10. The allegations of Paragraph one (1) through nine (9) are incorporated herein by
reference and made a part hereof
11, During the marriage, Plaintiff and Defendant have acquired various items of
marital property, both real and personal, which are subject to equitable distribution under
Chapter 35 of the Divorce Code.
12, Plaintiff and Defendant have been unable to agree as to an equitable division of
said property,
WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all
marital property of whatsoever kind and whosesoever situate and for such further relief as the
Court may deem equitable and just.
Re pectfully submitted,
II
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Verification
I 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.
DATE: {pI Ij~/ 0&
,
UJ/~ .;/0
V~nia T. Day ~
COMMONWEALTH OF PENNSYLVANIA
8.S.
COUNTY OF YORK
Before me, the undersigned officer, a Notary Public, in and for the said
Commonwealth and County, Personally appeared Virginia T. Day who, being affirmed
according to law, deposes and says that the fuets and matters set forth in the foregoing
Complaint are true and correct to the best of her knowledge, information and belief.
~i7;u~ d 'oar
Vir 'a T. Day
Sworn to and subscribed
before me this I !;'~ day
of J WI\..L , 2006.
~
Notary Public
COMMONWEALTH OF PENNSYLVANIA
NolariaI Seal
Narumol Alexander, Notary Public
Dillsburg Bora. York COooty
My Commission Expires Af>r. 7, 2010
Member, Pennsylvania Associalkm of Notaries
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VIRGINIA T. DAY,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
3'1/'[,
NO. 06 3446 CIVIL
Plaintiff
vs.
KENNETH J. DAY,
CIVIL ACTION - LAW
IN DIVORCE
Defendant
AFFIDAVIT OF SERVICE
AND NOW, this ';11~ day of 0vvvu... ,2006 personally
appeared Jane M, Alexander, Esquire who swears according to law, that a true and correct
copy of a COMPLAINT IN DIVORCE was caused to be served by certified mail with return
receipt requested upon the said,
Kenneth 1. Day
335 S, Sporting Hill Road
Mechanicsburg, P A 17050
on June 19, 2006 by leaving the same at the Dillsburg Post Office with postage pre-paid
thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part
hereof
Sworn and subscribed before
me this ~'7 ~ day of
0,-",,-,- , 2006.
~
Notary Public
NWEAL TH OF PENNSYLVANIA
NaIarIal Seal
NarumoI Alexander, NolaIy Pubfic
DiIIsburg Boto. Yorl< County
My CorM1Ission Expires~, 7, 2010
Member, Penn8yfvania Association of Notaries
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VIRGINIA T. DAY,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
Plaintiff
VS.
NO. 06-3446 CIVIL
KENNETHJ.DAY,
CIVIL ACTION - LAW
IN DIVORCE
Defendant
PROOF OF SERVICE
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VIRGINIA T. DAY,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA.
3'-1~('
NO. 06-3446 CIVIL
Plaintiff
VS.
KENNETH J. DAY,
CIVIL ACTION-LAW
IN DIVORCE
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under S 3301(c) of the Divorce Code was filed on June 19,
2006.
2. The marriage ofPlaintitT and Defendant is irretrievably broken and ninety (90)
days have elapsed from 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.
I verify that the statements made in the Affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to
unsworn falsification to authorities.
Date:
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VIRGINIA T. DAY,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA.
31./' (,
NO. 06-J.M6 CIVIL
Plaintiff
VS.
KENNETH J. DAY,
CIVIL ACTION-LAW
IN DIVORCE
Defendant
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER CODE 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! 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. ~ 4904 relating to
unsworn falsification to authorities.
Date: I J-/ t3/0f;
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Virg ia T. Day ~
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VIRGINIA T. DAY,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA.
S '/~ ~
NO. 06-loMf) CIVIL
Plaintiff
VS.
KENNETH J. DAY,
CIVIL ACTION-LAW
IN DIVORCE
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ~ 3301(c) of the Divorce Code was filed on June 19,
2006.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from 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.
I verify that the statements made in the 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.
Date: I tJ.. ~ I '-!-t)(,
~ :V::'~
Kenneth 1. Day
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VIRGINIA T. DAY,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA.
3t1~&
NO. 06-i+M CIVIL
Plaintiff
vs.
KENNETH J. DAY,
CIVIL ACTION-LAW
IN DIVORCE
Defendant
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER CODE 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 in 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. ~ 4904 relating to
unsworn falsification to authorities.
Date: / ~ '"""I '-/.....tJ(,
~ A '7J
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Kenneth 1. Day
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VIRGINIA T. DAY,
: IN mE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNA.
3%fa
: NO. 06-J40t6
Plaintiff
VS.
KENNETH J. DAY,
: CIVIL ACTION - LAW
: IN DIVORCE
Defendant
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this I '3 ~ day of
V-~~
, 2006
by and between Virginia T. Day of 1550 Williams Grove Road, Lot 6, Mechanicsburg,
Monroe Township, Cumberland County, Pennsylvania 17055 (hereinafter referred to as
"WIFE") and Kenneth J. Day, of335 S. Sporting Hill Road, Mechanicsburg, Hampden
Township, Cumberland County, Pennsylvania 17050 (hereinafter referred to as
"HUSBAND" .)
WITNESSETH: WHEREAS, HUSBAND and WIFE were married September 8,
1990 in Linglestown, Dauphin County, Pennsylvania. WIFE instituted an action in divorce to
No. 06-3446 in the Court of Common Pleas of Cumberland County, Pennsylvania on June 19,
2006. The pleadings in the case requested dissolution of the marriage between the two parties
and for such further relief that the Court may deem equitable and just; and
WHEREAS, the parties have reached an agreement as to the settling of all matters
relating to the divorce.
NOW, THEREFORE, in consideration ofthe promises and the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable
Page 1 of7
II
consideration, receipt of which is hereby acknowledged by each of the parties hereto,
HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as
follows:
1. The parties intend to maintain separate and permanent domiciles and to live apart
from each other. It is the intent and purpose 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 terms of this Agreement and their effect have been fully explained to the WIFE
by her counsel, Jane M. Alexander, Esquire. HUSBAND has been fully advised of his rights
by his counsel Andrew C. Sheely, Esquire. The parties acknowledge that they have received
independent legal advice from counsel of their choice and have been fully informed as to their
legal rights and obligations. The parties understand the facts and acknowledge and accept this
Agreement as fair and equitable.
3. 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 shall be final and shall forever determine their
respective rights. The division of existing marital property is intended by the parties to
constitute in any way a sale or exchange of assets, and the division is being affected without
the introduction of outside funds or other property not constituting a part of the marital estate.
4. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other
party in any matter whatsoever. Each party may carry on and engage in any employment,
profession, business or other activity as he or she may deem advisable for his or her sole use
Page 2 of7
II
and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition
of any property now owned and not specified herein or property hereafter acquired by the
other.
5. The consideration for this contract and agreement is the mutual benefits 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.
6. DEBTS OF THE PARTIES:
It is further mutually agreed and understood by and between the parties that all
joint debts have been paid including open accounts, credit cards, and bank liabilities except as
hereinafter set forth:
6.1) The HUSBAND shall assume all liability for and pay and indemnify the
WIFE against liability for all debts and bills in his name alone, particularly those incurred
since date of filing Complaint in Divorce.
6.2) The WIFE shall assume all liability for and pay and indemnify the
HUSBAND against liability for all debts and bills in her name alone, particularly those
incurred since date of filing Complaint in Divorce.
7. PERSONAL PROPERTY:
As to all items of personal property which the parties have divided to their mutual
satisfaction, henceforth, each of the parties shall own, have and enjoy independently of any
Page 3 of7
II
!
claim or right of the other party, all items of personal property of every kind, nature and
description and wherever situated, which are now 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 not married. Specific disposition of major items or personal property is as follows:
7.1) Bank Accounts:
Each party has opened and maintained their own separate bank accounts since
the time of separation. Neither party will make a claim against those funds.
7.2) Household furnishings:
The parties have divided the household furnishings to their mutual satisfaction
and each retains possession of their personal.
8. REAL ESTATE:
The Marital residence ofthe parties located at 335 S. Sporting Hill Road,
Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania 17050 is presently
occupied by HUSBAND and has been occupied by him since the date of separation.
HUSBAND agrees to complete a full assumption of the existing mortgage with
Wells Fargo that has a present balance due of $70,324. 79, together with a satisfaction of the
existing mortgage and note as to the interest of the WIFE and to pay WIFE from the funds
received from the refinancing the sum of $26,000.00.
WIFE agrees to sign all documents conveying her interest in the property to
HUSBAND more particularly she shall sign a deed conveying her interest at the time of
Page 4 of7
II
..
execution of this agreement. Said deed will be held in escrow until date of settlement, which
shall be held with thirty days of the signing of this agreement.
9. SPOUSAL SUPPORT/ALIMONY:
Neither party has or will make claim for spousal support and/or alimony.
10. BANKRUPTCY:
The parties hereby agree that the provision of the Agreement shall not be
dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained
herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of
any obligations assumed hereunder, the other party shall have the right to declare this
Agreement to be null and void and to terminate this Agreement in which the division of the
parties' marital assets and all other rights determined by this Agreement shall be subject to
court determination the same as if this Agreement had never been entered into.
11. STATUS OF SETTLEMENT:
The property settlement as provided herein between the parties shall be considered
an equitable distribution of marital property and both parties waive any and all rights or
claims which they may have been entitled to raise with respect to the issue of equitable
distribution under the Provisions of the Pennsylvania Divorce Act.
12. The parties agree that simultaneously with the signing of this Agreement they will
sign the necessary affidavits of consent and affidavits acknowledging notice of marriage
counseling in order to conclude the divorce action filed by HUSBAND under the no-fault
provisions ofthe Pennsylvania Divorce Act.
Page 5 of7
II
13. The waiver or unenforceability of any term, condition, clause or provision of this
Agreement shall in no way be deemed or considered to be a waiver of or forfeiture of right to
enforce any other term, condition, clause or provision of this Agreement.
14. This Agreement shall be construed and interpreted according to the laws of the
Commonwealth of Pennsylvania.
15. It is understood and agreed that the heirs, administrators, executors and assigns of
the parties hereto shall be bound by all the terms, conditions, clauses and provisions of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written, intending to be legally bound.
WITNESS BY:
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V' inia T. Day, Phu Iff
~-yqJ-::
Kenneth J. Day, Defendant
Page 60f7
II
COMMONWEALTH OF PENNSYLVANIA :
: S.S.
COUNTY OF YORK
On this, the 1~t3 day of u~kr ,2006, before me the
undersigned officer, a Notary public, in and for said Commonwealth and County, personally
appeared Virginia T. Day known to me (or satisfactorily proven) to be the person whose
name is subscribed to the foregoing Marriage Settlement Agreement and in due form
acknowledged that she executed the same for the purpose therein contained and desired the
same to be recorded as such.
WITNESS my hand and notarial seal the day and year aforesaid.
~~-
My Commission Expire: Ufrl l 7, 20 10
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Narumol Alexander, Notary Public
Dmsb~r~ Boro, York County
My CommiSSion Expires Apr. 7, 2010
Member, Pennsylvania Association of Notaries
COMMONWEALTH OF PENNSYLVANIA :
S.S.
COUNTY OF YORK
On this, the 14~ day of '1)-k{.1-'f/1Io....e.r , 2006, before me the
undersigned officer, a Notary public, in and for said Commonwealth and County, personally
appeared Kenneth J. Day known to me (or satisfactorily proven) to be the person whose
name is subscribed to the foregoing Marriage Settlement Agreement and in due form
acknowledged that he executed the same for the purpose therein contained and desired the
same to be recorded as such.
WITNESS my hand and notarial seal the day and year aforesaid.
~-&/-(r~~
My Commission Expire: ar~ ( " 2" IU
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Narumol Alexander, Notary Public
Di1Isburg Boro, York County
My Commission Expires Apr. 7, 2010
Member, Pennsylvania Association of Notaries
Page 70f7
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VIRGINIA T. DAY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNA.
vs.
: NO. 06-3466 Civil
KENNETH J. DAY,
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 ofa divorce decree:
1. Ground for divorce: irretrievable breakdown under ~330I(c) (330I(d)(I)) ofthe Divorce Code.
(Strike out inapplicable section).
2. Date and manner of service of the complaint: was sent certified maiL restricted delivery and was
served to the Defendant on June 20. 2006.
3. (Complete either paragraph (a) or (b))
a) Date of execution of the affidavit of consent required by ~330I(c) of the Divorce Code: by
plaintiff December 13. 2006 ; by defendant December 14. 2006 .
b) (1) Date of execution of the affidavit required by ~3301(d) ofthe Divorce Code:
(2) Date of filing of the 330I(d) affidavit:
(3) Date of service of the 330I(d) affidavit upon respondent:
4. Related claims pending: All claims are settled and satisfied by Marriage Settlement Agreement
dated December 13. 2006 signed by both parties.
5. (Complete either (a) or (b).)
(a) Date and manner of service ofthe notice of intention to request entry ofthe divorce decree, a
copy of which is attached:
(b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: December 15. 2006.
Date defendant's Waiver of Notice was filed with the Prothonotary: December 15. 2006.
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
VIRGINIA T. DAY
PEN NA.
STPTE OF
No.
06-3466
VERSUS
KENNETH J. DAY
DECREE IN
DIVORCE
4'"3" "3cft' "'1 ·
~_, IT IS ORDERED AND
AND NOW,
~Jo
VIRGINIA T. DAY
DECREED THAT
, P LA I NT IFF,
KENNETH J. DAY
AND
J 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;
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