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HomeMy WebLinkAbout06-5481 rr Patrice M. Ross, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. 06- .rlJPl CIVIL TERM v. Rhody K. Ross, 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 will proceed without you and a decree in divorce or annulment may 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 First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 rr Patrice M. Ross, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06- S'IPI CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE Rhody K. Ross, Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Patrice M. Ross, an adult individual, currently residing at 907 Spring Circle, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Rhody K. Ross, an adult individual, currently residing at 907 Spring Circle, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on August 24, 1985 in Hershey Dauphin County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. --/1- 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties have lived separate and apart since November 28, 2002 and continue to live separate and apart as of the date of this Complaint; although each resides in the same residence currently there has been a period of separate residency. 10. The parties' marriage is irretrievably broken. 11. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree In divorce. COUNT II EQUITABLE DISTRIBUTION 12. Paragraphs 1 through 11 are incorporated herein by reference as if set forth in their full text. 13. Plaintiff and Defendant are joint owners of various items of personal property, furniture and household furnishings acquired during their marriage, which are subject to equitable distribution. 14. Plaintiff and Defendant have incurred debts and obligations during their marriage, which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties. rr COUNT III CUSTODY 15. Paragraphs 1 through 14 are incorporated herein by reference as if set forth in their full test. 16. Plaintiff seeks custody of her child Evan C. Ross, born on November 21, 1990. 17. The child is presently in the custody primarily of plaintiff and defendant. 18. The child has lived at the following addresses: Name Evan C. Ross Address 907 Spring Circle Mechanicsburg, PA Dates Birth - Present 19. The relationship of the plaintiff to the child is that of natural mother. 20. The relationship of the defendant to the child is that of natural father. 21. The plaintiff has not participated as a party or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 22. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 23. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. 24. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. 25. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is the primary care giver with respect to the child. rr 26. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests your Honorable Court to schedule a conciliation conference and subsequently grant the plaintiff's requests for shared legal custody and primary physical custody of the child to the plaintiff with partial physical custody of the child to the defendant. Respectfully Submitted TURO LAW OFFICES q JI'i )O/R I Date en R. Waltz, Es 28 South Pitt Str Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff rr VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. 94904 relating to unsworn falsification to authorities. 1-1'1- O(p Date ~CL 7tlfjJ~ Patrice M. Ross PT !. CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Complaint in Divorce, by depositlf same in the United ~tates Mail, Certified Return Receipt Requested on the /4} day of ~ ~- L~-, 2006, from Carlisle, Pennsylvania, addressed as follows: Rhody K. Ross Better Deal Cellular 2152 Palomino Road Dover, PA 17315 TURO LAW OFFICES alen R. Waltz, Esquir 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 ~~ ~ ~ ~ ~~ 9J ~ . C) \Y ~ -.... ~~~ "':'-o\) - . (n \) ~ C}DO \ \ -cJQ"2:> r- ~ ~ jJ-~ 2 ~ ~ ~.:.':) ? C""" ~." .~. (/) ""UC' ~ fl1 ii\ -o~ :~::_, '-r~\~ 'c' - :Dtt ~ ~" tJ:) g(~~ c- -'f~ -1'",,- 'p;. CCc -0 ("") :';l "-;'" '.:>~: :J: .c'~' ( ) ~tn) t:{f'I .yC - .-\ ;: ., ~ -4 0 ~ ........ co rr , II Patrice M. Ross, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. 06- 5 L.j t { CIVIL TERM v. Rhody K. Ross, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT FOR CUSTODY 1. Plaintiff is Patrice M. Ross, an adult individual. currently residing at 907 Spring Circle, Mechanicsburg, Cumberland County. Pennsylvania. 2. Defendant is Rhody K. Ross. an adult individual, currently residing at 907 Spring Circle. Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of her child Evan C. Ross, born on November 21, 1990. 4. The child is presently in the custody primarily of plaintiff and defendant. 5. The child has lived at the following addresses: Name Evan C. Ross Address 907 Spring Circle Mechanicsburg, PA Dates Birth - Present 6. The relationship of the plaintiff to the child is that of natural mother. 7. The relationship of the defendant to the child is that of natural father. 8. The plaintiff has not participated as a party or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 9. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. rr II 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. 11. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. 12. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is the primary care giver with respect to the child. 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests your Honorable Court to schedule a conciliation conference and subsequently grant the plaintiff's requests for shared legal custody and primary physical custody of the child to the plaintiff with partial physical custody of the child to the defendant. Respectfully Submitted TURO LAW OFFICES Cf:) '1/ CJ , Date rr 'I VERIFICATION I verify that the statements made in the foregoing Custody Complaint 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. q--Iq-O~ Date ~tfR{J4d/ Patrice Ross CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Custody Complaint, by depositing same in the United States Mail, certified return receipt request, postage paid on the / q 1A. day of ,., s..~-:fcz,...., ~.r , 2006, from Carlisle, Pennsylvania, addressed as follows: Rhody K. Ross Better Deal Cellular 2152 Palomino Road Dover, PA 17315 TURO LAW OFFICES . en R. Waltz, Es uire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 (") c ~ ,; Cf' mfr-, ~.?~~::; (1') ) ~;j :Pc L: :<! ~ c:;:':) = <:::r" (/) rr1 -0 ~ :rfG) nl ::n r- --0 :0 "1:> o .:J =rII' ("-~ ~Jo -"'-n1 C) --; ~ \.0 -0 :x o PATRICE M. ROSS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-5481 CIVIL ACTION LAW RHODY K. ROSS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, September 25,2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 24, 2006 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl?;. FOR THE COURT, By: /s/ Jacqueline M. Verney. Esq. Custody Conciliator r- The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonllation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -~ ~ ?~~~~ 1C?'~_~ '~2 ~~ ?r.?--kp bv r~~~~ ~-.5):<';? \7IN\;lI\-IASNN3d ,I .. ...'I.....,..I~lnl"'\ Ir-.'.... r", ,'-',r ;;~'. ',..; -,:-.il1! .J ,tL~~: i\I.,,;' I' _"A'_ ...1 9 S :2 ~ld S2 d3S 9DOl . 1''';'' I :lHl :10 . tf1f1 m\i(JH l)CQ ... . ^ ... "''':'i-l"i0--G31!:l :hI.....~ SEPARATION AGREEMENT AND PROPERTY SETTLEMENT This Agreement, made and entered into this J 1 th day of (Tanu.llrY 200', between Patrice M. Ross, of 907 Spring Circle, Mechanicsburg, Cumberland County, Pennsylvania, herein referred to as "Wife," and Rhody K. Ross, of 907 Spring Circle, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Husband." WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other August 24, 1985 in Dauphin County, Pennsylvania; WHEREAS, there have been two children born of this marriage between Husband and Wife, to wit: Connor M. Ross, date of birth May 9, 1988 and Evan C. Ross, date of birth November 21. 1990. WHEREAS, the parties hereto are now living separate and apart, albeit at the same residential address, and desire to enter into an Agreement respecting their property rights regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by Husband and all of her rights of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to counsel fees, or expenses and, other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtsey, 1 ~ ;7wZ. rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Separation: Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. Mutual Power and Estate Waiver: Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in property or estate of the other, and to that end both parties waive, relinquish and forbear the rights of dower of curtsey, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though married, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, 2 PNe ft<f!- under seal or otherwise, to enable either party hereto to alienate his or her real personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution or married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenance, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 3. Child Custody: The parties have mutually agreed to attain flexibility within the custody of the minor child, Evan C. Ross, and therefore agree to continue shared custody by allowing the child to select visitations and residence according to his choice. Wife agrees to withdraw the Custody Complaint filed at 06-5481. 4. Support: a. Child Support. support. b. Medical Care for the Children. The parties agreed that the children shall be carried upon the employer sponsored medical insurance programs provided to Husband/Wife. Husband/Wife agrees to pay one-half of any yearly deductible under said plan, as well as one-half of any year fee assessed to Husband/Wife for the operation of the plan. The parties further agree that any medical or dental expenses for the children not covered by insurance shall be divided equally between them. 5. Distribution of Marital Assets: a. The parties agree that the items of personal property shall be divided equally and evenly. All other personal property obtained by the parties during the marriage shall be sole and exclusive property of the Husband/Wife. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong --p~ P<!l- The wife has agreed to not seek court ordered child " I II 3 to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarried. b. The parties agree that the 1991 Honda Accord, Vin. No. 1HGCB7650MA140182 shall be the sole and separate property of the Husband. The parties agree that the 1998 Subaru Legacy, Vin. No. 4S3B6756W7201287 shall be the sole and separate property of the Wife. The parties are also owners of a pet; Hound/German Shepard named "Paige" which shall be shared 50/50 by the parties. The parties shall share all costs and expenses for the pet "Paige" 50/50. c. Personal effects. All items of personal effect such as but not limited to jewelry, luggage, sports equipment, hobby collections and books but not including furniture or any other property, personal or otherwise specifically disposed of pursuant to this Agreement shall become the absolute and sole property of the party who has had the principal use thereof or tow whom the property was given or from whom it was purchased, and each party hereby surrenders and interest he or she may have in such tangible personal property of the other. 6. Debt: Wife's debts are solely her responsibility and Husband's debts are solely his responsibility. Each shall hold the other harmless from liability from his/her debts. Wife agrees to assume Husband's debt to Wife's mother pending Husband's documentation for home improvements. Husband agrees to assume his debts to his parents and sister. 7. Future Debts: The parties further agree that neither will incur any more future debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 8. Real Property: a. The parties agree that the real property located at 907 Spring Circle, Mechanicsburg, Cumberland County, Pennsylvania shall be deeded solely into Wife's name. The outstanding Mortgage is with Members 1st Credit Union, P.O. Box 24146, Fort Worth, Texas, 76124, Account No. 177015-01 with a balance as of 12/06/2006 of $64,000. An appraisal for the property was performed October 10, 2006 and valued the property at $184,000. Wife agrees to refinance the 907 Spring Circle property solely in pf\{~t[4<lZ 4 her name. Wife shall pay to Husband $45,000 after refinancing. Husband shall execute all documents necessary for the successful transfer and refinancing of the 907 Spring Circle, Mechanicsburg, Pennsylvania property to Wife. Shall wife subsequently decide to sell the residence; Husband will be given right of first refusal. The sales agreement will be a part of wife's last will and testament. Wife shall have payment made to husband in the amount of $45,000.00 at the time of refinancing. b. Upon Payment to Husband of $45,000.00, Husband shall have up to 30 days to remove all of his personal property from the home and relinquish all rights to remain within the residence. Husband agrees to pay a prorated rent to wife in the amount of $500.00 per month. Husband will be given 15 days to vacate the residence following the settlement. If additional time is needed, Husband agrees to pay Wife $500.00 for an additional 15 days, not to exceed those 30 days. 9. Alimony: In consideration of the mutual agreement of the parties voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the parties agree to waive any and all claims for any alimony. 10. Pension: Both parties agree to waive any claims they may have to any pension or employment benefits of any kind, earned during the marriage, by the other party. 11. Counsel Fees and Court Costs: Each party agrees to pay their own attorney fees and cost incurred in the preparation of this document, as well as the preparation and filing of the divorce action captioned at 2006-5481 Civil Term and the Custody Complaint filed at the same number. If either party incurs any other legal fees or court costs, those costs will be borne by the party exclusively. 12. Divorce: The parties acknowledge that an action for divorce between them has been filed by Wife and is presently pending a divorce between them in the Court of Common Pleas of Cumberland County to the caption Patrice M. Ross v. Rhody K. Ross, 2006-5481 Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledged they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action. 5 1>rvte- p.~'" 13. Breach: In the event that either party breaches any provision of this Separation and Property Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 14. Enforcement: The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any Court of competent jurisdiction. 15. Applicable Law and Execution: The parties hereto agree that this Marital Settlement Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 16. The Entire Agreement: The parties acknowledge and agree that this Marital Settlement Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are not other representatives, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 17. Additional Instruments: Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or things that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 6 l>M~ )4</Z IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESSES: 0~7~o.M~i07 / Patrice M. Ross / ~,^",~ Z //'!ap ~~IfROSS 7 ".; ~ 1- (j ( ........, r:-:.-j ., -.4 o ',1 c_ r''",,~ r'0 ~..~"- ) (~-j\ r-...:, SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restrictecl Delivery is desirecl. . 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 mail piece. or on the front if space permits. 1. Article Addressed to: RnodLj K 1<05S 1:>-eifer JJpoj {e If uja r c2l.5a P()L!om,'n6 Rd DOVey po- /73/5 2. Article Number (Transfer from service labelj PS Form 3811 , February 2004 .. COMPLETE THIS SECTION ON DELIVERY D. Is delivery address different from Item 1? If YES, enter delivery address below: 3. .~1YPe ~Ifled Mall 0 Express Mall [J Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7005 0390 0003 2638 2709 102595-Q2-M-1540 Domestic Return Receipt () N <::::: ~~: = , , -oJ <:.-. ::'""::n~ ~ N N ;t.. :11: ~~ - - =~ c.n N II 1- , ~ . Patrice M. Ross, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-5481 CIVIL TERM Rhody K. Ross, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on September 19, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. I - { g -(j1 Date ~'Wk- atrice M. Ross ---------""- --"--." <-.------- o r-:l C~~:.:' C:,-:::i ._l (- --'-'Co-, o --n --- 1'.,) r-V - - Ul f'~' II .. j . Patrice M. Ross, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-5481 CIVIL TERM Rhody K. Ross, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 93301 (c) of the Divorce Code was filed on September 19, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. II-r;: 7 Date r- ~ --;;7 -" / ~ J(!:-(~ Rhody . Ross ------ ("') f~ f"-..) ~J ~~ o 11 -l I-n il'p-' rn C:-J S';;. - ) '.;.::... 'io.ri (}1 l<i (- :-~:::., Z f'-' N II 'l. -. . Patrice M. Ross, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-5481 CIVIL TERM Rhody K. Ross, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF INTENT!ON TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 (g OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ! - I 0 ~D7 Date ~, m;?Qj/j--. atnce M. Ross "'-' = 0 ::.:; -n c_ :.........;... j'-.) N -~ Ul :.0 I"';, .-< II r- . .. . Patrice M. Ross, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-5481 CIVIL TERM Rhody K. Ross, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 (9 OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. /j'i~7 Date r----/ ,--/ k~ K /-b-<.--, Rh'ody K. R ss (] ~~~~ ~ C.-':'''l c:..:.-~') --' ::::.. ..""- ~ ""'~ o -:1J f-..') N - - (Jl r......:,.. >..------------ --- Patrice M. Ross, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. : NO. 06-5481 CIVIL TERM Rhody K. Ross, 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 9 (3301 (c)) of the Divorce Code. 2. Date and manner of service of the complaint: Certified, Returned Receipt mail delivered on or about September 20, 2006 3. Date of execution of the Affidavit of Consent required by 93301 (c) of the Divorce Code. By Plaintiff: January 18, 2007 By Defendant: January 19, 2007 4. Related claims pending: None. Date the Waiver of Notice in 93301 (c) divorce was filed with the Prothonotary: By Plaintiff: January 22, 2007 By Defendant: January 22, 2007 o r-v C~.:> ~~::.::) -.-.) ~^~ .,.~.. .~ o il --I ::C~ fil r~-! g"~ i ~f; '""..~- N N '. <~ (;: C)ln "..,\ tJ ~ ~ ~~'" ~ Eli if. if. if. Eli Eli "'''' "'Eli if. '" '" :t:~;+;'" IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Patrice M. Ross Plaintiff No. 06-5481 VERSUS Rhody K. Ross Defendant DECREE IN DIVORCE AND NOW, <1,-" 'i / Patrice M. Ross L]J IT IS ORDERED AND 2007 DECREED THAT , PLAI NTI FF, AN D Rhody K. Ross , 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; Separation and Property Settlement Agreement is incorporated herein but not merged in the Divorce Decree. PROTHONOTARY ~ if."''''''''''O+!'''O+! if. ~~[f. [f. '" [f.[f.[f.[f.[f.;!;[f.[f. [f. J. .~ :;? ~~ (og;./ fr'ctP? ~ ~.rv LO.Lt"./ " . < ..' ... '.... ,~ . JAM 19 PATRICE M. ROSS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2006-5481 CIVIL ACTION - LAW RHODY K. ROSS, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 19th day of January, 2007, the Conciliator being notified that the parties have reached an agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, y Conciliator ,.., c:::::> = --' (.... :P- :;E: N N ~ :=e-n rl1e -om ~.n9 C)CI ~~t 1] '..)n ~?:rn ~ ~ :.< -0 :.t: o (j\