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HomeMy WebLinkAbout06-4894 KIMBERLY R. ADKINSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, , ~ NO, D~ -,-/P9'f (}.1~"L ~f/Ll : CIVIL ACTION - LAW : IN DIVORCE FREDERICK ADKINSON, Defendant 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 wamed 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 chitdfen. When the grounds for the divorce are 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 Courthouse, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERlY; LAWVER'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 LAWVER AT ONCE. IF YOU DO NOT HAVE A LAWVER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (711) 249-3166 " ' \':", NOTICIA Le han demandado a usted en Ia corte, Si usteet quiere defenderse de estas demandas expuastas en las paginas siguientes, usted tiene vienIB (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia eacrita 0 en persona 0 por abogado y archivar en la corte en tonna escrita sus defen..s 0 sus objeciones alas demandas en contra de su persona. Sea avisdao que si usted no se deflende, ia 1:Orte tomara medidas y puede entrar una orde contra usteet sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propledades o otros derechos importantes para usted, LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIAMENTE. SI NO TIENNE ABOGAD 0 SI NO TIENNE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUYA PUEDA CONSEGUIR ASSISTENCIA LEGAL: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Respectfully Subm. sh, Esquire Atto Id. No.: 58851 2132 arket Street Camp Hill, PA 17011 (717) 975-9446 Attomey for Plaintiff Date: 8' /().C./oto By: KIMBERLY R, ADKINSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, ~ NO. Ot.. - 4P9'( (J~~L '-r ~ : CIVIL ACTION - LAW : IN DIVORCE FREDERICK ADKINSON, Defendant ORCE PURSUANT TO SECTION 3301 C , 3301(Q) OF THE DIVORCE DECREE CODE AND NOW, comes the Plaintiff, Kimberly R, Adkinson, by and through her attorney, of The Law Office of Darrell C. Dethlefs, by Michael J. Pykosh, seeks to obtain a Decree in Divorce from the Bonds of matrimony with the above-named Defendant and in support of her Complaint avers the following: 1. Plaintiff, Kimberly R. Adkinson, is an adult individual, who currently resides at 14 San Juan Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. The Plaintiffs social security number is 164-60-9869. 2. Defendant, Frederick Adkinson, is an adult individual, who currently resides at 14 San Juan Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on October 17, 1987 in Delaware County, Pennsylvania. 5. The Plaintiff and Defendant are citizens of the United States of America. 6. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 7. Plaintiff has been advised of the availability of counseling and that she and the Defendant may have the right to request that the Court require the parties to participate in such counseling. COUNT I REQUEST FOR DIVORCE DUE TQ IRRETRIEVABLE BREAKDOWN UNDER 3301fc) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 9. The marriage of the parties is irretrievably broken. 10.After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that the Defendant may also file such an affidavit consenting to a divorce. 11. Plaintiff has been advised of the availability of counseling and that she and the Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to divorce after ninety (90) days have elapsed from filing of the Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301 (c) of the Divorce Code. COUNT II REQUEST FOR DIVORCE DUE TO IRRETRIEVABLE BREAKDOWN UNDER 330j1s1) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 13. The Marriage of the parties is irretrievably broken. 14. After a period of two (2) years has elapsed fonn the date of separation, Plaintiff intends to file her affidavit of having lived separate and apart. 15. Plaintiff has been advised of the availability of counseling and the Plaintiff and Defendant have the right to request the Court to require parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed her affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301 (d) of the Divorce Code COUNT III REQUEST FOR EQUITABLE DISTRIBUTION UNDER SECTION 35Q2 OF THE DIVORCE CODE 16. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 17. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 18. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully request this Honorable Court to enter an Order distributing all of the aforementioned property, real and personal, as the Court may deem equitable and just, plus costs. Date: 0/>>/0(,. Respectfully Submitted By.~ ---;Mo ael J. Pykosh, Esquire Attomey Id. No.: 58851 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attomey for Plaintiff KIMBERLY R, ADKISON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. FRED ADK",-, oe"-ndant : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I ~by verify that the statements of fact made in the foregoing Complaint in Divorte, Ill'! true ariCt correct to the best of my knowledge, information and tMlIIIf. I understai'l'd that any false statements therein are subject to the criminal pe'ti,ft1es contained Ih 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: :ll;;~/()Io I~~IZ~~ Kimberly R. Ad son ('::) "9- ~ (1 ';;5 Q, l ~ c ~ ~:n \ - -~ ,,". ~ ~ ......t~fj -- ~ r"\ ~ " C' -c\ij 0 () ~,', ~- N :') 'l: >' v:> S:~l.? . . en..' -- V'l ,"" ~'t: :;; g ~ ~- - ~ ,~ . ~ C)(~ ~ 0 d:>_ -'" ~':;'~rn ,:,.. ( - ';2. 'Y'C.: - ~ CJ \ \ -7 <P '~ :::-~ 4 V t .-<. <.J" ~ p: :p ~ r:- "-.L.. ~ , ' , KIMBERlY R. ADKINSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. ; NO. 0 b- 'f f'lLI- Co' ",I T!-o""'" FREDERICK ADKINSON, Defendant : CIVIL ACTION. LAW IN DIVORCE PraeciDe To the Prothonotary of Cumberland County, Pennsylvania: Please kindly enter the Certificate and Proof of Service, along with the Green Card, into the record. Date: 'f)}n 10 b . /7/1/# J MiC~ ~~s~ Esquire 1.0. # 58851 Law Offices of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Plaintiff By: . ' KIMBERLY R. ADKINSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0"- <-jnq- Civ,'1 T'tff'" : CIVIL ACTION - LAW : IN DIVORCE FREDERICK ADKINSON, Defendant CERTIFICATE AND PROOF OF SERVICE I hereby certify that on August 24, 2006, Defendant, Frederick Adkinson was served the foregoing Divorce Complaint upon his person. A copy of the return receipt is attached hereto and made part hereof. Service by First Class Certified, Restricted Delivery Mail and Address as Follows: Frederick Adkinson 14 San Juan Drive Mechanicsburg, Pennsylvania 17055 Date: ol:Jf6 (0 f; By: Micha I J. Pykosh, Esquire I.D. # 58851 Law Offices of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Plaintiff . . . . CompIeleIlllms 1, 2, and a Also compIeIe Item 4 n Reslrlcl8d 0eIIwlIy Is deeIllld. . Print your name and addnlss on the IlMlI'S8 80 that we can I8lum the card to you. . AtIIlch this card to the back 01 the mallp1ece. or on the front n IIplIC8 pennIts. 1. __to: Frd~";ck Ad k;....sO" 11../ .so,", J Q!.v..... O~';"!- "" ~ C.ho...;CS (,"")1 P A- _ (705-~ 2. _ Number (//ensIerftom-~ PS Fonn 3811, February 2004 D.lsdellveryaddress_from_1? ff YE8, enter delivery _ below: a.r co.u:" _ c ExpnlIlo- C flt,yIlIIl..d C ReIum RecoIplfor_ C 1_ Mall C C.o.D. 4.- 11,""(Ei111a 7006 0810 0006 1055 4285 DomestIc Return ReceIpt 102595-02-M-1540 ~ (') c s:. -r~~ \7,r (\,; '.-; ":-f .t:. U; ~ YC':- -.z:C' :Pc::. ~ - "'" = = "'" :::: (- G~) r,,) - ~ :t ~~ .",-. .'.1 L r4:~{); ~)(") ;<::rf1. o ,..., ~ a. 1:"':: "';'". - - (fI 0:> .., . , KIMBERLY R. ADKINSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-4894 - CIVIL TERM FREDERICK ADKINSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE ~GESETTLEMENTAGREEMENT THIS AGREEMENT is made and entered into between Kimberly R. Adkinson and Frederick Adkinson, hereinafter referred to as Husband and Wife. The parties were married on October 17, 1987 in Delaware County, Pennsylvania and separated in June 2006, As a consequence of disputes and unhappy differences, the parties have separated. The parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their property rights, and all other rights and obligations arising out of the marriage relationship. It is therefore agreed: 1. CONSIDERATION The consideration for this Agreement is the mutual promises and agreements herein contained. 2. SEPARATION AND NONINTERFERENCE A. It will 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. B, 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 bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASE Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of 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. Ju, Initials ~ -1f4- 4. FULL DISCLOSURE The provisions of this Agreement and their legal effect are fully understood by each party to this agreement, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or unque influence. Husband and wife each represent and warrant to the other that he or she has made a full and complete disclosure to 1 ..... the other of all assets of any nature whatsoever and of all other facts relating to the su~ject matter of this Agreement. Both parties represent that the terms of this Agreement have been fully explained to them by their respective counselor that both parties have had the opportunity to have legal counsel review and fully explain the terms of this Agreement. Kimberly Adkinson has been represented in this Action by Bryan W. Shook, Esquire and Frederick Adkinson proceeds pro se, JII Initials klL J!.!!- 5. EOUIT ABLE DIVISION By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets, 6. SUBSEQUENT DIVORCE A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever by stopped from asserting any illegality or unenforceability as to all or any part of this Agreement. t!/" ..PII Initials ~ -ff- B. ENTRY AS PART OF DECREE - It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purpose of enforcement only. C. MUTUAL CONSENT DIVORCE - The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry ofa decree in divorce pursuant to 23 Pa.C.S,A. Section 3301(c), Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon request, to 2 '. the extent permitted by law and the applicable Rules of Civil Procedure. the named Defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 7. DIVISION OF PERSONAL PROPERTY Wife agrees that all of the property in the possession of Husband as of June 2006, shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife as of June 2006, shall be the sole and separate property of Wife, both subject to the subsequent property divisions agreed upon by Husband and Wife. 1991 Ford F-150 - Belongs to the Husband 2003 Chevrolet Van - Belongs to the Husband 2003 Saturn L200 - Belongs to Wife Roth IRA - Account # ******4555 - Belongs to Wife Roth IRA - Account # ******4554 - Belongs to Husband Account # 120200 is to be split with 50% belonging to Wife and 50% belonging to Husband Account # 711308006 - Belongs to Husband IRA 5DK013503 - This is to be split as of July 18,2006 with 50% belonging to Wife and 50% belonging to Husband. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items, which shall become the sole and separate property of the other. 8. VEHICLES Husband and Wife agree, as stated in the paragraph 7, above, the 1991 Ford F -150 and the 2003 Chevrolet Van shall become sole property of Husband and 2003 Saturn L200 shall become sole property of Wife. 9. LIABILITIES Husband and Wife agree that each shall be responsible for debt in their own name. Initials 0- If- 10. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her after July 18,2006, 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. 11. DISPOSITION OF PROPERTY From and after the date of the signing of this Agreement, both parities shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or 3 '. " control pursuant to this Agreement and may mortgage, sell, grant, conveyor otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 12. PAYMENT OF SPECIFIED OBLIGATIONS The parties agree that the following constitute joint marital obligations, which shall be paid by the following person: A, Wife - 1, All debts incurred by wife since the parties' separation. 2. Any loan on the automobile titled solely in wife's name. B. Husband - 1. All debts incurred by Husband since the parties' separation. 2. Any loan on the automobile titled or to be titled as a result of this agreement solely in husband's name. 13. LEGAL FEES Each party is responsible for their own legal fees with respect to this matter. 14. ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for spousal support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, maintenance, alimony pendente lite or alimony. lnitials!C'v.- ftf- 15. PENSION PROGRAM Each party hereto shall maintain sole ownership over his or her individual pension plan, profit sharing or similar retirement plan acquired individually or as the result of contributions by his or her employer. Wife hereby releases any interest that she has in the retirement benefits of Husband accumulated as the result of his employment and any other additional benefits he may have accrued, Husband hereby releases any interest that he has in the retirement benefits of Wife accumulated as the result of her employment and any other additional benefits she may have accrued. This waiver is a full and complete discharge of each party's marital claim. The only exception being IRA 5DK013503 which is to be divided according to Paragraph 7 of this Agreement. 4 I' 16. MARITAL RESIDENCE The Marital Residence was sold in September 2006 and the proceeds of the sale were split 50/50. Initials I<P-- t 17. MISCELLANEOUS The parties believe and agree, that the division of property hereto made by this Agreement is a non-taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. 18. GENERAL PROVISIONS A. WARRANTY AS TO EXISTING OBLIGATIONS - Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities, or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. B. WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each covenant, warrant, represent, and agree that each will now and at all times hereafter save harmless and keep the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. c. SEVERABILITY - 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. Likewise, the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties, D. OTHER DOCUMENTATION - Wife and Husband covenant and agree that they will forthwith execute any and all written assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this agreement. and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. E. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parities, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein, 5 .... F. WAIVER OR MODIFICATION TO BE IN WRITING - No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. G. MUTUAL COOPERATION - Each party shall, at any time and from to time to time hereafter, take any an all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. H. LAW GOVERNING - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania, 1/_ .lib Initials fU.L- lIf- 1. BINDING EFFECT - Except as otherwise stated 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, J. NO WAIVER OF DEFAULT - This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. K. HEADINGS NOT PART OF AGREEMENT - Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or referenced and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. L. WAIVER OF CLAIMS AGAINST EST A TES - Except as herein otherwise provide, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, courtesy, their statutory equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of other, and right to act as administrator or 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. 6 -- M. ATTORNEY'S FEES FOR ENFORCEMENT - In the event that either part} breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay for all reasonable attorney's fees, court costs, and expense's incurred by the other party in enforcing the Agreement. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on thel"DJ day of a.rc.J, ,200 , In ilie presence o~) A ~ ~ Frederick A mson ~11. _ _~~~yl2thL/u~~ Kimberlv Adkinson . Initials ~ ~ 7 (") ~ ~ e,;:, ~ c:::. -..I -oro x ~ rn n-~ > nl:D 2. :X} :::0 7r'" ~.~ u>)> U1 -<. . 00 ~ --; .,. i ~(; -0 .",,, :D :x ~O .J> ;"'- ry Orn Z ~ ~ .;::- ?is -..J -< KIMBERLY R. ADKINSON Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA , v. NO. 0' - Y f 14...1 - (:... ; I T ~.rr- FREDERICK ADKINSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about August 23,2006. 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 final decree of divorce. 4. I understand that if a claim for alimony, alimony pendente lite, marital property, counsel fees, Of expenses has not been filed with the Court before the entry of a final decree in divorce, the right to claim any of them will be lost. 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.A. Section 4904 relating to unsworn falsification to authorities. Date: \. 3/1 Lf / () 7 . ~~ /2i)d/-u-nQp1,J Kimberly Adkinson, Plaintiff ~ tH.g] ~f- <11)> ~ .,...,~ t;2e, Z(~ _c) 'J;.o c: ~ ~ ~ c:;::t ~ ~~ ~ (j; ~ ~-rl ""'0 0- :s Z?A N S?t ;. ~ ......i KIMBERLY R. ADKINSON Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 0 G - ~I r, Lf - C; 11;1 T -er"", FREDERICK ADKINSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to 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 a 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.A.Section 4904 relating to unsworn falsification to authorities. Date: Cd/ILl /07 /~y~~ !ZM/2,--y;<;wJ Kimberly Adkins n, Plaintiff 0 ,....,;) 0 c:;l c c:::;:) "Tt ~ --.l ~rg :E !~ >- Z'.X' ::D zr ~1:" CJl ~6 ...:: l"" =2 4". :.c: -' -0 "ft-c ":0 Zc: :s ~~. )>c ~ ~ J;:"" ~ -.J =< KIMBERL Y R. ADKINSON Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 0' - (ff If Lf _ c.;" " r T 'C,'--"- v. FREDERICK ADKINSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or aboutAugust23,2006. 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 final decree of divorce. 4. I understand that if a claim for alimony, alimony pendente lite, marital property, counsel fees, or expenses has not been filed with the Court before the entry of a final decree in divorce, the right to claim any of them will be lost. 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.A. Se tion 4904 relating to unsworn falsification to authorities. Date: l'\ v\tt01_ o ~ ~ro rr . "j-1 -,..e ~2' ~Ci )>r-- Z\....: <;;.;:.c) .-c z =2 ~ ~ co -..t ::K ,.. ::0 ~ i ~-Tr :r:: .,i ~O 0"" ~. ~ Ul -0 :It ~ .:r:- -.l KIMBERLY R. ADKINSON Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0'- LI11Y- (,:v:( T 't (' ,.,.... FREDERICK ADKINSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301CC) OF THE DIVORCE CODE 1. I consent to 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 a 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.A.Section 4904 relating to unsworn falsification to authorities. Date:~ 8 ,....", c;:::::) ~ <::) $:: -.... ~O} :It i en >>- ~5.:'. ::0 -< ...;- <.11 kC" 2:c. .." g-r. z... :x -::0 )>8 ~ a~ ~ .::.- ~ -.J -< KIMBERLY R. ADKINSON, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4894 CIVIL TERM FREDERICK ADKINSON, Defendant CIVIL ACTION - LAW DIVORCE ACTION 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 (x) 3301 C ( ) 3301 D of the Divorce Code. (Check applicable code) 2. Date and manner of service of the complaint: Certified Mail on Auaust 23.2006. Certificate of Service and areen card were filed. 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 03-14-07; by defendant 03-14-07. (B) (1) Date of execution of the plaintiff's affidavit required by Section 3301 (D) of the Divorce Code: N/A; (2) Date of filing and service of the plaintiffs affidavit upon the respondent N/A. 4. Related claims pending: All economic claims have been settled bv written aareement dated March 14.2007. The terms and conditions of the Marriaae Settlement Aareement filed in this matter shall be incoroorated into but shall not be meraed into this Decree. 5. (Complete either (a) or (b).) (A) Date and manner of service of the notice of intention to file Praecipe to transmit record, a copy of which is attached: (B) Date plaintiffs Waiver of Notice in ~ 3301 (c) Divorce was filed with the Prothonotary: 03-15-07 Date defendant's Waiver of Notice in ~ 3301 (c) Divorce filed with the Prothonotary: 03-15-07 B~k1!w}UL Attorney Identification No. 203250 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff 2- ~ 11C(I ~?l CQ):::; ::<:,,,.;.. ~C "j.:l- C"' Z) -~-O "Pc Z :.t ~ ~ :& ~ - cJ1 -0 :s - ~ r- eo ~ ii -\-",' ::t: .. 95 t5.tn ~ ~ . . KIMBERLY R. ADKINSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-4894 - CIVIL TERM FREDERICK ADKINSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE ~AGESETTLEMENTAGREEMENT THIS AGREEMENT is made and entered into between Kimberly R. Adkinson and Frederick Adkinson, hereinafter referred to as Husband and Wife. The parties were married on October 17, 1987 in Delaware County, Pennsylvania and separated in June 2006, As a consequence of disputes and unhappy differences, the parties have separated. The parties desire to confrrm their separation and make arrangements in connection therewith, including the settlement of their property rights, and all other rights and obligations arising out of the marriage relationship. It is therefore agreed: 1. CONSIDERATION The consideration for this Agreement is the mutual promises and agreements herein contained. 2. SEPARATION AND NONINTERFERENCE A. It will 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. B. 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 bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASE Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of 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. .lul Initials ~ -1/'4- 4. FU~L DISCLOSURE The provisions of this Agreement and their legal effect are fully understood by each party to this agreement, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or unque influence. Husband and wife each represent and warrant to the other that he or she has made a full and complete disclosure to 1 '. the other of all assets of any nature whatsoever and of all other facts relating to the subject matter of this Agreement. Both parties represent that the terms of this Agreement have been fully explained to them by their respective counselor that both parties have had the opportunity to have legal counsel review and fully explain the terms of this Agreement. Kimberly Adkinson has been represented in this Action by Bryan W. Shook, Esquire and Frederick Adkinson proceeds pro se. JII Initials kJL p- 5. EQUITABLE DIVISION By this Agreement, the parties have intended to effect an equitable division of their marital property, This division is not intended by the parties to constitute in any way a sale or exchange of assets. 6. SUBSEQUENT DIVORCE A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever by stopped from asserting any illegality or unenforceability as to all or any part of this Agreement. (!.//'\ ..Pil Initials t<..Y-- ~ B. ENTRY AS PART OF DECREE - It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purpose of enforcement only. C. MUTUAL CONSENT DIVORCE - The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S,A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A, Section 3301(c). Upon request, to 2 '. the extent permitted by law and the applicable Rules of Civil Procedure. the named Defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 7. DIVISION OF PERSONAL PROPERTY Wife agrees that all of the property in the possession of Husband as of June 2006, shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife as of June 2006, shall be the sole and separate property of Wife, both subject to the subsequent property divisions agreed upon by Husband and Wife. 1991 Ford F-150 - Belongs to the Husband 2003 Chevrolet Van - Belongs to the Husband 2003 Saturn L200 - Belongs to Wife Roth IRA - Account # ******4555 - Belongs to Wife Roth IRA - Account # ******4554 - Belongs to Husband Account # 120200 is to be split with 50% belonging to Wife and 50% belonging to Husband Account # 711308006 - Belongs to Husband IRA 5DK013503 - This is to be split as of July 18,2006 with 50% belonging to Wife and 50% belonging to Husband. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items, which shall become the sole and separate property of the other. 8. VEHICLES Husband and Wife agree, as stated in the paragraph 7, above, the 1991 Ford F-150 and the 2003 Chevrolet Van shall become sole property of Husband and 2003 Saturn L200 shall become sole property of Wife. 9. LIABILITIES Husband and Wife agree that each shall be responsible for debt in their own name. Initials ~ ff- 10. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her after July 18,2006, 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. 11. DISPOSITION OF PROPERTY From and after the date of the signing of this Agreement, both parities shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or 3 " control pursuant to this Agreement and may mortgage, sell, grant, conveyor otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 12. PAYMENT OF SPECIFIED OBLIGATIONS The parties agree that the following constitute joint marital obligations, which shall be paid by the following person: A. Wife - 1. All debts incurred by wife since the parties' separation. 2. Any loan on the automobile titled solely in wife's name. B, Husband - 1. All debts incurred by Husband since the parties' separation. 2. Any loan on the automobile titled or to be titled as a result of this agreement solely in husband's name. 13. LEGAL FEES Each party is responsible for their own legal fees with respect to this matter. 14. ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and fmal settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for spousal support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, maintenance, alimony pendente lite or alimony, Initials a #- 15. PENSION PROGRAM Each party hereto shall maintain sole ownership over his or her individual pension plan, profit sharing or similar retirement plan acquired individually or as the result of contributions by his or her employer. Wife hereby releases any interest that she has in the retirement benefits of Husband accumulated as the result of his employment and any other additional benefits he may have accrued. Husband hereby releases any interest that he has in the retirement benefits of Wife accumulated as the result of her employment and any other additional benefits she may have accrued. This waiver is a full and complete discharge of each party's marital claim. The only exception being IRA 5DK013503 which is to be divided according to Paragraph 7 of this Agreement. 4 \ ' 16. MARITAL RESIDENCE The Marital Residence was sold in September 2006 and the proceeds of the sale were split 50/50. Initials I<ft-- tI- 17. MISCELLANEOUS The parties believe and agree, that the division of property hereto made by this Agreement is a non-taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. 18. GENERAL PROVISIONS A. WARRANTY AS TO EXISTING OBLIGATIONS - Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities, or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. B. WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each covenant, warrant, represent, and agree that each will now and at all times hereafter save harmless and keep the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. C. SEVERABILITY - 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. Likewise, the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. D. OTHER DOCUMENTATION - Wife and Husband covenant and agree that they will forthwith execute any and all written assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this agreement. and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. E. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parities, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein, 5 F. WAIVER OR MODIFICATION TO BE IN WRITING - No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature, G. MUTUAL COOPERATION - Each party shall, at any time and from to time to time hereafter, take any an all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. H. LAW GOVERNING - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. f./~ .iJ, Initials fC.P- -ll(- I. BINDING EFFECT - Except as otherwise stated 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. J. NO WAIVER OF DEFAULT - This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. K. HEADINGS NOT PART OF AGREEMENT - Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or referenced and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. L. WAIVER OF CLAIMS AGAINST ESTATES - Except as herein otherwise provide, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, courtesy, their statutory equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of other, and right to act as administrator or 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, 6 -""' M. A TTORNEY'S FEES FOR ENFORCEMENT - In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay for all reasonable attorney's fees, court costs, and expenses incurred by the other party in enforcing the Agreement. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on thd'llJlt day of arc.,J, ,200 , In the presence o~) A ~ ~ Frederick A mson ~'11_ _ _---/<~I2f1dh~~ Kimberlv Adkinson - lnitiah ~ p 7 ~ f"-,.,) 5ff :s ~ ......., '"061 :J: ~:n L}:l Q:} 2lIIo :::0 6i'~~ ~~ CJ1 .:n ,",<"" 00 C:li :.;L""i ,~(.~ -0 r~:n 'S:::- (..) ::rc ~j,. C) P 1~~'~~ is> om .?: :;:-; =< - ?E +- ~ -< KIMBERLY R. ADKINSON Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0'- (./T'~- (;,,;1 T'C("~ v. FREDERICK ADKINSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on or aboutAugust23,2006. 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 final decree of divorce, 4. I understand that if a claim for alimony, alimony pendente lite, marital property, counsel fees, or expenses has not been filed with the Court before the entry of a final decree in divorce, the right to claim any of them will be lost. 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.A. Se tion 4904 relating to unsworn falsification to authorities. Date: 1'\ v\tt01 g -z :::>- ~co f'f" ';I:j "7 "".' ......L ~.~ c;:C> %c. 52: z ::2. ~ ~ ~, ~ g ~ .r:- -J KIMBERL Y R. ADKINSON Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA v. NO. 0'''' l111Lf- (..:v: f Tt r "'" FREDERICK ADKINSON, Defendant : CIVIL ACTION - LA W : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301CCl OF THE DIVORCE CODE 1. I consent to 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 a 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.A.Section 4904 relating to unsworn falsification to authorities. Date: \'\~ciJ 8 ~ ~O'" IT; zr'. ~~t ke, ~8 )>c ~ ,...,;) c:::> c=> ~ :E :J:IIo ::0 (J'1 """0 :x N + .......J ~ i 4-r. :r..: ,1 ~(') Om ~ ~ KIMBERL YR. ADKINSON Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA , v. NO. O'-tff1l./- C:,,;t T'('.rr- FREDERICK ADKINSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about August 23, 2006. 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 final decree of divorce. 4. I understand that if a claim for alimony, alimony pendente lite, marital property, counsel fees, or expenses has not been filed with the Court before the entry of a final decree in divorce, the right to claim any of them will be lost. 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.A. Section 4904 relating to unsworn falsification to authorities. Date: <. '3 / / Lf I () 7 . ~ ~~-nwvJ Kimberly Adkinson, Plaintiff ~ ~~: ~~~', k''-"' ~-. -', ' ,., .......~ <:;:, C;' """"c ~ f'o..) c::;) <=J --J :x: >>- ::0 ~ ia; U1 ~ ~,~ 0- z~ o ~ -< -0 3: ~ ..- -J KIMBERLY R. ADKINSON Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA v. NO. 0' - (./Y'1Lf - (..;".1 T1!"'",,- FREDERICK ADKINSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(Cl OF THE DIVORCE CODE 1. I consent to 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. J understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of a 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.A.Section 4904 relating to unsworn falsification to authorities. Date: 0 I J '-I / 0 7 /~~_~ 12JJd/u-noQWJ Kimberly Adkins n, Plaintiff (') r--2 ~ c;::l ~ ::3 ::It ~~ ~.rg J; Z")l ze 86 ~}!' U1 ~~ t;2C: ~-r' -0 :t::rl ~c :s ~(~ j;C) is? -11" C ~ -/ ~ ~ J;:'" -J KIMBERLY R. ADKINSON, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4894 CIVIL TERM FREDERICK ADKINSON, Defendant CIVIL ACTION - LAW DIVORCE ACTION 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 (x) 3301 C ( ) 3301 D of the Divorce Code. (Check applicable code) 2. Date and manner of service of the complaint: Certified Mail on Auaust 23. 2006. Certificate of Service and areen card were filed. 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 03-14-07; by defendant 03-14-07. (B) (1) Date of execution of the plaintiffs affidavit required by Section 3301 (D) of the Divorce Code: N/A; (2) Date of filing and service of the plaintiff's affidavit upon the respondent N/A. 4. Related claims pending: All economic claims have been settled bv written aareement dated March 14.2007. The terms and conditions of the Marriaae Settlement Aareement filed in this matter shall be incoroorated into but shall not be meraed into this Decree. 5. (Complete either (a) or (b).) (A) Date and manner of service of the notice of intention to file Praecipe to transmit record, a copy of which is attached: (B) Date plaintiff's Waiver of Notice in ~ 3301 (c) Divorce was filed with the Prothonotary: 03-15-07 Date defendant's Waiver of Notice in ~ 3301 (c) Divorce filed with the Prothonotary: 03-15-07 B~~}UL Attorney Identification No. 203250 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff ~ "'tl~ ...n~ Z:n 7'- th~ :<,..;. ~C) ~f3 -;y- c z ~.t ~ ~ :J&'. ~ - (J1 ""'0 ~ N ... r- eo ~ ~~ es:b -\-' -r f' 0:0 "70 (:5.tn :::::.\ i if.if. if. if. if. if. if. if. if. if. if. ~~~ ~~~~if. ~if.if.if.~if.if.if.~~ if. if.~if. ~if. ~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA, '" Kimt€~ly R. Adkin~on No. 06-4894 P€aintill VERSUS l~€d€~iCk Adkin~on, D€/-€ndant DECREE IN DIVORCE AND NOW, VVlC)l~L ) "'2-00'], IT IS ORDERED AND DECREED THAT '" if. if. '" '" '" '" '" I( ird € (dy 1? 4d"'in.~()n , PLAINTIFF, AND l~€d€~ick Adkin~on , 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; All €conomic claim~ hav€ t€€n ~€ttl€d ty w~itt€n ag~€€m€nt dat€d ~a~ch 14, 2007. 7h€ t€~m~ and condition~ o/- th€ ~a~~iag€ S€ttl€m€nt Ag~€€m€nt tif€d in thi~ matt€~ ~hafl t€ inco~po~at€d into tut ~haff not t€ m€~g€dednto thi~ D€c~€€. ATTE J. PROTHONOTARY ~iIi~iIi~if.iIi iliif.iIi ~if.iIi iIiili iIi if. _;:fp ~~ ~ LP:-te'f' ~ je t ~t/q; -r? U;oceo[" .' i ~ ... :;." .. _.'. "I! ...:: .. '---" ,It "'"