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IN THE COURT OF COMMON
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KIMBERLY M. DUNCAN
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BRIAN T. DUNCAN
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AND NOW, .~................... 19....... ;. ;, o,d.,.d ond
decreed that.. .~~~.~.. . r. .~~. ~~l?!i!1: ... . . ... . . .. . ..... ... . ". plaintiff.
and. . .~~~~~ . ~... .~r:?~.~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., defendant,
are divorced from the bonds of matrimony.
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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;
No claims are pending. The Marital Settlement Agreement dated
March. .14,. -1.99.5. ahall. .be. i.noorporated . by. 'reference' 'into' .the' Divorce
Decreel notwithstanding such incorporation, this Agreement shall
not - be- 'merged' into' such' d'e'dree', 'l)u't. 'shaH' ih' 'all' re~peci-&s' survive
the same and be forever binding and conclusive on the parties.
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MARITAL SETTLEMENT AGREEMENT
This AGREEMENT made this IS/!i day of ~[}J{Z,lCd'L/_._, 1995, by
and between Kimberly M, Duncan (Wife) and Brian T. Duncan
(Husband), at Mechanicsburg, Pennsylvania.
WITNESSETH:
Whereas, the parties hereto are Husband and Wi fe, having been
married on February 6, 1981 in Mechanicsburg, Pennsylvania.
Whereas, the parties are the parents of Damon Duncan and Halie
Duncan.
Whereas, difficulties have arisen between the parties and it is
their intention to live separate and apart, and the parties are
desirous of settling completely the economic and other rights and
obligations between each other including, without limitation: the
ownership and equitable distribution of marital property, the past,
present and future support, alimony, alimony pendente lite and/or
maintenance of either of them, the issue of health insurance for
their children, the issue of educational expenses for their
children, payment of counsel fees and in general, any and all
claims and possible claims by one against the other or against
their respective estates and to accept the provisions of this
Agreement in lieu of and in full settlement and satisfaction of all
such rights and claims.
NOW, THEREFORE, Husband and Wi fe, in considera t i on of the above
recitals and the following covenants and promised mutually made and
mutually to be kept, the parties heretofore, each intending to be
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legally bound and to legally bind their heirs, successors and
assigns thereby covenant, promise and agree as follows:
1 . 1\.9-B.EEI1ENT __NQ.'La......!lA/LT.o..P.JVORCl:_PRQCElUU NOS:
This Agreement shall not be considered to bar the right of Wife or
Husband to a divorce on lawful grounds if such grounds now exist or
shall hereafter exist or to such defense as may be available to
either party. This Agreement is not intended to condone and shall
not be deemed to be a condonation on the part of either party of
any act on the part of the other party which has caused the
disputes. The parties intend to secure a mutual consent, no-fault
divorce pursuant to the provisions of Section 3301 (c) of the
Pennsylvania Divorce Code of 1980, as amended and agree on the
execution date of this Agreement to execute affidavits consenting
to the entry of a final decree in divorce.
2. EFFECT OF DIVOI3CE-PECR..~J;l.
This Agreement shall continue in full force and effect after such
time as a final decree in divorce may be entered with respect to
the parti es.
3. 1\GR..E~M~NT TO BE INQOR~QBA~~Q-1fl DIVORCE DECR..EE~
The terms of the Agreement shall be incorporated into any divorce
decree which may be entered with respect to the parties, but shall
not be merged into such decree. The Court of Common Pleas which
may enter such divorce decree shall retain continuing jurisdiction
over the parties and the subject matter of the Agreement for the
purpose of enforcement of any of the provisions thereof. This
Agreement shall survive any such decree in divorce. shall be
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independent thereof, and the parties intend that all obligations
contained in this Agreement shall retain their contractual nature
in any enforcement proceedings, whether enforcement is sought in an
action on the contract itself at law or in equity or in any
enforcement action filed to the divorce caption,
4, PAT-E.-9_F_~XIj:_Gl1.T.IO~:_
The "date of execution" or "execution date" of this Agreement shall
be defined as the date upon which it is executed by the parties if
they have each expcuted Agreement on the same date. Otherwise, the
"date of execution" or "execution date" of the Agreement shall be
defined as the date of execution by the party last executing this
Agreement,
5. ADVICE O~ COUNSEL;
Wi fe and Husband decl are that each has had a full and fai r
opportunity to obtain independent legal advice of counsel of their
selection; that wife has been independently represented by counsel
Thomas Blackburn, Esquire and that Husband, cognizant of his right
to legal representation, declares that it is his express, voluntary
and knowing intention not to avail himself of his right to counsel
and chooses instead to represent himsel f wi th respect to the
preparation and execution of this Agreement. Each party confirms
that he or she fully understands the terms, conditions and
provisions of this Agreement and believes them to be fair, just.
adequate and reasonable under the existing acts and circumstances,
The parties further confirm that each is entering into this
Agreement freely and voluntarily and that execution of this
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Agreement is not the result of any duress, undue influence,
collusion or improper or illegal agreements. Each party has had
full and fair disclosure of the parties' assets and liabilities,
6. f~REl9NAL_FtHHtT.S :.
Wife and Husband may and shall, at all times hereafter, live
separate and apart. They s ha 11 be free from any interference,
direct or indirect, by the other in all respects as fully as if
they were unmarried. Each may, for his or her separate use of
benefit, conduct, carryon and engage in any business, occupation,
profession or employment which to him or her may seem advisable.
Husband and Wife shall not harass, disturb or malign each other or
the respective families of each other.
7. MUTUA~ RELEASES:
Except as otherwise expressly provided by this Agreement:
A. Each party absolutely and unconditionally releases and
forever discharges the other and the estate of the other from any
and all rights and obI igations which ei ther may have for past,
present or future support or maintenance, alimony pendente lite,
alimony, equitable distribution, counsel fees, costs, expenses and
any other right or obligation, economic or otherwise, whether
arising out of the marital relationship or otherwise, including all
rights and benefits under the Pennsylvania Divorce Code of 1980,
and amendments, as well as under any other law of any other
jurisdiction except and only except all rights and obligations
arising under this Agreement or for the breach of any of its
provisions.
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B. Each party absolutely and unconditionally releases the
other and his or her heirs, executors, and estate from any claims
arising by virtue of the marital relationship of the parties, The
above release shall be effective whether such claim arises by way
of widow's or widower's rights, family exemption, or under the
intestate laws, or the right to take against the spouse's will, or
the right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under
the laws of Pennsylvania. any state, Commonwealth of Territory of
the united states, or any other country. The parties each waive
and release any and all right to receive insurance proceeds at the
death of the other, whether as named beneficiary or otherwise, as
well as any right to receive any portion of the estate of the other
under his or her will (i f executed prior to the execution date
hereof), or to act as personal representatives of the estate of the
other.
C. Except for any cause of action for divorce which either
party may have or claim to have, and except for the obligations of
the parties contained in this Agreement and such rights as are
expressly reserved herein, each party gives to the other by the
execution of this Agreement an absolute and unconditional release
from all claims whatsoever, in law or in equity, which either party
now has against the other.
S. fI1HH!..c:J~l.. 01 SCLOSU.RE.:
Husband and Wife agree that they have both been given full and
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complete disclosure of all assets owned by either or both of them
in any form. This not withstanding, both Husband and Wife hereby
waive any opportunity which they have not previously exercised to
investigate the assets of the other. Both Husband and wife
acknowledge that this Agreement shall not be set aside on the basis
that either party failed to disclose, whether fraudulently or not,
any asset.
9. 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.
10. LAW OF PENNSYLVANIA APP~ICAB1~_~
This Agreement shall be construed in accordance with the laws of
the Commonwealth of Pennsylvania.
11. AGREEMENT BINDING ON HEIRS:
Except as may otherwi se
binding on the parties
be provided,
hereto and
this Agreement shall be
their respective heirs,
executors, administrators, successors and assigns.
12 . I N'I'.E;~~1\ 'J'_I91! 1-
This Agreement constitutes the entire understanding of the parties
and supersedes any and all prior agreements and negotiations
between them. There are no reptesentations or warranties other
than those expressly set forth herein. Husband and Wife
acknowledge and agree that the provisions of this Agreement with
respect to the distribution and division of marital and separate
property are fair, equitable and satisfactory to them based on the
length of their mar~iage and other relevant factors which have been
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taken into consideration by the pal:ties. Both parties hereby
accept the provisions of this Agreement with respect to the
division of property in lieu of and in full and final settlement
and satisfaction of all claims and demands that they may now have
or hereafter have against the other of equitable distribution of
their property or for alimony, alimony pendente lite, counsel fees
or costs by any court of competent jurisdiction pursuant to the
Oi vorce Code of 1980 or any other laws. Husband and Wi fe each
voluntarily and intelligently waive and relinquish any right to
seek a court ordered determination and distribution of marital
property, but nothing herein contained shall constitute a waiver by
either party of any rights to seek the relief of any court for the
purpose of enforcing the provisions of this Agreement.
13 . OTHE.!LDOC!.l.ME;.~T~..T.I ON:
wi thin ten (10) days a fter demand therefor, the parti es wi 11
execute any and all written instruments, assignments, releases,
satisfactions, deeds, notes or such other wri tings as may be
reasonable, necessary or desirable for the proper effectuation of
this Agreement.
14. NO WAIVE;.R__OF PEF~~LT:
This Agreement shall remain in full force and effect unless
terminated under 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 thereafter to enforce the same, nor shall the waiver of
any breach of any provision hereof be construed as a waiver of any
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subsequent default of the same or similar nature, nor shall it be
construed as a waiver of strict performance of any other
obligations herein.
15. REMEDIES AND SANCTIONS:
In addition to such other remedies and sanctions available under
applicable law, the parties may utilize any remedy or sanction set
forth in the Pennsylvania Divorce Code, as amended, to enforce any
term of this Agreement as though it had been an order of the Court.
16. ATTORNEYS FEES FOR ENFOR~E~EN~l
In the event that either party breached any provision of this
Agreement and the other party retains counsel to assist in
enforcing the terms thereof, the breaching party wi 11 pay all
reasonabl eat torneys fees, court cos ts and expenses (i nc 1 uding
interest and travel costs if applicable) which are incurred by the
other party in enforcing the Agreement, whether enforcement is
ultimately achieved by litigation or by amicable resolution. It is
the specific agreement and intent of the parties that a breaching
or wrongdoing party shall bear the obligation of any and all costs,
expenses and reasonable counsel fees incurred by the nonbreaching
party in protecting and enforcing his or her rights under this
Agreement,
17. HEADINGS ~9~_PA~T OF AGREEMENT:
Any headings preceding the text of the several paragraphs and
subparagraphs hereof are inserted solely for convenience of
reference and shall not constitute a part of this Agreement nor
shall they affect its meaning, construction or effect.
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18 . ~J;:R.~QNP,r._J~R.Q!,ER.'!'.Y.
Except as stated elsewhere in this Agreement, Husband and Wife
agree that they have divided between themselves to their mutual
sa tis facti on all i terns of tangibl e persona I property. Nei ther
party shall make a claim to any such item of tangible personal
property whether said i terns are joint property or are i terns of
separate personal property now in the PO$session or under the
control of the other party or ti t1 ed in the name of the other
party. Tangible personal property shall be deemed to be in the
possessi on or under the cant ro I of a pa rty if the i tern is
physically in possession or control of the party at the time of the
signing of this Agreement, unless titled in the name of the other
party, except as described elsewhere in this Agreement.
19. a.!LTQ!1.Q!I.l4ES-,-
wi fe and Husband agree that. Husband shall retain the truck and
truck which are currently titled in his name, Husband and Wife
agree that the Wife shall retain the trailer parked at 6280
Carlisle Pike, Lot 138, Mechanicsburg, PA which is currently
titled in her name.
20. INTANGI~t.1LP_E_R.S_QN~L__~RQP]1:RTY1_
Husband and Wife agree that they have previously divided all other
intangible personal property including all checking and savings
accounts. Neither party shall make a claim to any such item of
intangible personal property whether said items are joint property
or are items of separate personal property titled in the name of
the other party.
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21. AF'J.'~!t:.1\9Q..llJRJ;:JL~R.Q!"E;R'!:'H
Each of the parties shall hereafter own and enjoy, independently of
any claim or right of the other, all items of property. by they
real, personal or mixed, tangible or intangible, which are or were
acquired by him or her after the parties' date of separation, with
full power in him or her to dispose of the same as full y and
effectively, in all respects and for all purposes. as though he or
she were unmarried.
22. WARRANTY A~ TO EXISTING AND FUTURE OBLIGATION~~
Wife and Husband each warrant that neither has heretofore
contracted for any liability for which the other or the estate of
the other may be responsible except as specifically disclosed and
provided for by the terms of this Agreement. The parties further
warrant that each will now and at all times hereafter save harmless
and indemnify the other and the estate of the other from all
liabilities incurred after the execution date hereof, except as may
be otherwise specifically provided herein, as well as from all
liabilities of every kind which have been incurred heretofore by
either party, including those for necessities, except for
obligations arising out of this Agreement. Except as may be
otherwise express I y provided herein, the parties agree tha t all
joint credi t and/or charge accounts and revo I ving loan accounts
shall be terminated immediately, and no charges shall be incurred
by either party against any joint account from the date of the
execution of this Agreement.
A. The following liabilities and obligations shall be the
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sole responsibility of Wife upon execution of this Agreement:
a. Beneficial Finance loan account no. 86775571
b. Lowes charge account
c. Spiegel charge account
B. The following liabilities and obligations shall be the
sole responsibility of Husband upon execution of this Agreement:
a. DAFCU truck loan
b. DAFCU consolidation loan
c. Price Finance personal loan
d, Beneficial Finance loan account no. 91584332
e. Household Finance personal loan
f. BJ's charge account
g. visa charge account (DAFCU)
23, HEALTH G/',BE
Father shall continue medical insurance coverage for his children
such as is presently maintained by him at the time of the execution
of this Agreement. However. if the presen t medi ca 1 insurance
policy of Father will not permit him to continue medical insurance
coverage on his chil dren, for any reason, then if Mother or
Mother's spouse (in the event of Mother's remarriage) can obtain
similar medical insurance coverage for their children. at no cost
to the, Mother should arrange to obtain such medical coverage. If,
at any time, Mother or Mother's spouse (in the event of Mother's
remarriage) is able to obtain medical insurance coverage for the
children lhat is better than the medical insurance coverage in
force at that time for the children and. if such coverage is
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available to Mother or Mother's spouse at no expense to them.she
shall arrange to obtain such medical coverage. thus relieving
Father of the responsibi I i ty to provide such coverage. In the
event that such coverage is not available to Mother or Mother's
spouse at no addi ti onal expense to them and if Father cannot
obtain. through his place of employment. medical insurance coverage
for the children. appropriate medical insurance coverage shall be
obtained for the children and father and Mother shall then each be
responsible for payment of one-hal f of the premiums for such
medical insurance for the children. Father and Mother agree that
each shall be responsible for one-hal f of any reasonable and
necessary medical. dental. optical. prescription or hospital
expense incurred for the children that is not covered by medical
insurance. Dental expenses spedfically include the cost of
orthodontia. In the event that Father and Mother believe that
either of the children require psychiatric or psychological therapy
or treatment.the Father and Mother shall consult with each other
and the chi I d's physi clan to determine the necessi ty for such
treatment and if Father. Mother and the child's physician agree
that such treatment is necessary. Father and Mother shall be
equally responsible for payment of any expenses for such treatment
that are not covered by medical insurance. Father and Mother.
except for emergency procedures. shall be consulted by the other
party on the need for any medical or dental tt'eatment for the
children as well as on the general type of treatment needed. In
regard to each party's responsibility to pay for uncovered medical.
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dental, optical, prescription or hospital expenses as set forth
above, each party shall hav~ certain obligations to assure that the
expenses for which the other shall be liable shall be necessary and
appropriate. Sped fically, each pat.ty shall use all medical,
dental, and hospitalization insurance that is in effect at the time
that any of the expenditures as set forth above are incurred. Each
party shall also choose physicians, dentists or other professionals
who participate in the medical insurance program that is them in
effect, whenever possible. For example, if Blue Cross/Blue Shield
coverage is in effect at the time that a particular medical service
is necessary, each party shall choose a physician, dentist or other
professional who will accept Blue Cross/Blue Shield payments as
payment in full if such physicians, dentists or other professional
are available and suitable. Neither party shall incur any medical,
dental optical, prescription or hospital expense for the children
unless such expense is deemed to be necessary. Except in cases of
emergency, each party shall attempt to consult with the other party
before any medical, dental, optical, prescription or hospital
expenses are incurred, except in the case of ongoing treatments of
which the other party had prior knowl edge. In order to veri fy
those expenses for which each party shall be responsible, pursuant
to the foregoing, each pa rty sha 11 submi t appropri a te documen ts
including bills or receipts, or cancelled checks, etc. in order to
verify the amount of medical, dental, optical, prescription or
hospital expenses that have been incurred for the children, such
costs not having been covered by medical insurance, each party
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shall be responsible for the payment of fifty percent (50\) of such
uncovered medical, dental, optical, preHcription or hospital
expenses only if the other party has provided appropriate
verification of the medical expenses for which payment is
requested.
24. DEPENDENCY EXEMP~lQB
Wife shall be entitled to claim all dependency exemptions for the
children for income tax purposes, and Husband hereby waives any
right to claim such exemption on all his future income tax returns.
Husband agrees to execute Internal Revenue Service Form 8332 and
any other document which may be required in order to release all
future rights to claim depend'~ncy exemptions on account of the
children.
25. COUNSEL Ef:ES, COs.T.E.....1\rln_~.l(~p_E~l?J;:S:
Husband and Wife agree to pay their own counsel fees, costs and
expenses associa ted wi th this di VOL"Ce, Nei ther shall seek any
contribution thereto from the other party.
26. ,IOIN'LI1LGgM~..1'..AX INQ.EMNIFI~ATLQ.!t:
Husband agrees that he will be solely responsible and hold Wife
harmless for any and all contingent or other liabilities on joint
income tax returns previously filed by the parties and will agree
to pay any claim or fO'xpenses arising out of such returns or
liabilities (including reasonable counsel fees, tax, interest and
penalties), unless additional liabilities are found to be
attributable to misreprfO'sentations or failure to disclose the
nature and extent of Husband's income as it may appear on said
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previous tax return, in which case, Husband sh~11 be responsible to
pay any claims ot: .~xpenses rf.'lated thf.'reto. The partieA hereto
acknowledge that each will immediately forwBt:d to the other a copy
of any deficiency notice or other correspondence received by either
of them from the Internal Revenue Service or the Pennsylvania
Department of Revenue concerning tax years for which a joint return
has been fi 1 ed,
27. !,/O.TI CILQr._<;:l:IANQ.!!':._QJt.AQDRESS :
As long as any obligations remain to be performed pursuant to the
provisions of this Agreement, each party shall have the affirmative
obligation to keep the other informed of his or h..r r..sidence
address, and shall promptly not.ify the other in writing of any
change of address by giving the new residence address.
28. ALIMONY , SPOUSAL SUPPORT , ALI IjONY...E.!';N,DE!,/_T.E....J,I Tr;.:.
The parties acknowledge that by this Agreement, they have
respectively secured and maintained a substantial and adequate fund
with which to provide themselves sufficient. financial resources for
their comfort, maintenance and support. The parties acknowledge
that the cost of living may increase or decrease, t.hat theit.
respective estates may increase or decrease in value, that either
may be employed or unemployed at various times in the future, and
that notwithstanding these or other economic circumstances, which
may be changes in circumstances of a substantial and continuing
nature. the terms of this Agreement are just and reasonable.
Therefore. the parties hereby expressly waive, discharge, give up
and releasp any and all rights and causes which t.h",y may now or"
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hereafter have by reason of the parti~s' marriage, separation or
divorce alimony, alimony pendente lit.., spousal support and
maintenance, and they further release any right they may have to
such modification or the terms of this Agt'e.>n"~nt ill a Court of law
or equity, it being understood that the for'agoing const,itutes a
final determination for all times of either party's obligation to
contribute to the support and maintenanc.. of the other. From the
date of execution of this Agreement, it shall be the sole
responsibility of each party to sustain himself or herself without
seeking any support from the other.
29. ~OLUNrAE~.EXECJ~TION
TilE PROVISIONS OF THIS AGREEMENT AND TIIEIR I,EGAL EFFECT HAVE BEEN
FULLY EXPLAINED TO WIFE BY HER COUNSEL AND HUSBAND, SINCE HE CHOSE
NOT TO RETAIN COUNSEL, ACKNOwr,EOGES THAT liE HAS RF.AD THIS AGREEMENT
AND THAT HE UNDERSTANDS ITS LEGAL EFFECT. EACH PARTY ACKNOWLEDGES
THAT THE AGREEMENT IS FAIR AND EQUITABLE, THAT IT IS BEING ENTERED
INTO VOLUNTARILY, WITH F'UI,L KNOWLEDGE OF THE ASSETS OF BOTII
PARTIES, AND THAT IT IS NOT TIIF. RESULT OF AtlY DURESS OR UNDUE
INFLUENCE. THE PARTIES ACKNOWLEDGF. TIIAT THEY IIAVE BEEN FURNISIIED
WITH ALL INFORMATION RELATING TO THF. FINANCIAr, AFFAIRS OF THE
OTHER.
E;.1!!ID_o. LJ: h!"~.I!.ax.!:_Le S ,!l,a s_, ..,,<l r~f.!.l.lJJ'-'=-"'.nQ__'!I1.Ltll Lu_....QQ.!H1j,ge reg t hif!
Aqre~men.L-l.lncl_'!1.L__o_L_.. thg__.!:l!&t~-'!1.ents L_.yr!R!l.,L.. cgndi t:ions_.<!..n~~
P.LC!.'Li!l i omLJ.J!..l>rgQL_l~J.:..i_Cl.!:._!:.s!...-'D..9.nJJl9..._brcl9_W....
IN WITNESS WHEREOF. the parties hereto executed this Agreement the
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day and year first written above.
.__<dnn~
Duncan
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COMMONWEALTH OF PENNSYLVANIA
S8
COUNTY OF CUMBERLAND
On the ._L~~_ day of _~~~_____, 1995, b".fore me. the
subscriber, a Notary Public for the Commonwealth of Pennsylvania,
personally appeared before me Kimberly M. Duncan and in due form of
law acknowledged the above Agreement to be his act and deed.
~~~&-
Public
~07 __._
My Commission Expires:
SS
NOTARIAL SEAL
UNDA K. SANDBIS, NoWy N111c
Mechlllcslull Boro. CumberlMld CIMlIY
My CormlIsSIon ElcpIm JUy 22, 1997
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On the ---1!1..~=--__. day of j:/lAf'cL ,1995, before me, the
subscriber, a Notary Public for the Commonwealth of Pennsylvania,
personally appeared before me Brian T. Duncan and in due form of
law acknowledged the above Agreement to be her act and deed.
1 'Nola rial Seal
Chaltes D. Goodyea,. NotarY Public
Hampden r..p,. Cumberland CountY
My CommissiOn E,pl'''' Sept. 7. '998
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DIVORCE
NO. 95- 1/9"J. Civil Term
KIMBERLY M. DUNCAN,
Plaintiff ,
BRIAN T. DUNCAN
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 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
irretrievable breakdown of the marriage, you
counsel ing, A I ist of marriage counselors
Office of the Prothonotary.
is indigni ties or
may request marriage
is available in the
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEE OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. If YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY COURTHOUSE
Carlisle. PA 17013
(717) 240-6200
March 7, 1995
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Thomas Blackburn
PA Supreme Court ID # 59383
20 South Market Street
Mechanicsburg, PA 17055
(717) 796-1600
Attorney for Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DIVORCE
NO. 95-1/9:2. Civil Term
KIMBERLY M. DUNCAN,
Plaintiff,
BRIAN T. DUNCAN
Defendant
COMPLAINT IN DIVORC~
1. Plaintiff is Kimberly M, Duncan, who currently resides in
Cumberland county at 6280 Carlisle Pike Lot 138, Mechanicsburg, PA
17055, since before February, 1981.
8. Plaintiff has been advised that counselling is available and
2. Defendant is Brian T. Duncan, who currently resides at 6280
Carlisle Pike Lot 138, Mechanicsburg, PA 17055.
3. Plaintiff and Defendant have been bona fide residents in the
Commonwealth for at least six months immediately previous to the
filing of this Complaint.
4. Plaintiff and Defendant were married on February 6, 1981 in
Mechanicsburg, Pennsylvania.
5. There have been no prior actions of divorce or for annulment
between the parties.
6. Neither party to this action is present 1 y a member of the
armed forces.
7. pI aintif f and Defendant are both ci ti zens of the United
States.
that Plaintiff may have the right to request that the court require
the parties to participate in counseling.
pI ainti ff does not
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request the court to require such counseling.
COUNT I - SECTION 3301(c)
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9. Paragraphs 1-8 are hereby incorporated by reference as if set
out in full herein.
10, The marriage is irretrievably broken.
WHEREFORE. Plaintiff requests this Honorable Court to enter a
Decree of Divorce. and to award any other relief the Court deems
just and equitable.
March 7. 1995
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Thomas ~Cckburn
PA Supreme Court 10 # 59383
20 South Market Street
Mechanicsburg. PA 17055
(717) 796-1600
Attorney for Plailltiff
COUNT II - EQUITABLE DISTRIBUTION
11. Paragraphs 1-10 are hereby incorporated by reference as if set
out in full herein.
WHEREFORE. Plaintiff requests this Honorable Court to enter an
order for the equitable distribution of marital property and any
other relief the Court deems just and equitable.
Respectfully submitted.
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KIMBERLY M. DUNCAN,
plaintiff ,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DIVORCE
v.
BRIAN T, DUNCAN,
Defendant
NO. 95-1192
Ci viI Term
AFFJDAYIT OF. SERII.I.CE
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
Thomas Blackburn, Esquire, attorney for Plaintiff Kimberly M.
Duncan, being duly sworn according to law, says that he served on
Defendant Brian T. Duncan the Complaint in Divorce by certified
mailing to her residence a true and correct copy of same and that
Defendant did receive same as evidenced by the attached postal
receipt.
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Thomas Blackburn
Sworn to and subscribed before
me on March 22, 1995,
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v.
CIVIL ACTION - LAW
DIVORCE
KIMBERLY M. DUNCAN,
plaintiff ,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
BRIAN T, DUNCAN.
Defendant
NO, 95-1192 civil Term
AFFID~VIT OF CONSENT
1. A complaint in divorce under section 3301(c) of the Divorce
Code was filed on March 7. 1995.
2. The marriage of plaintiff and defendant is irretrievably
broken and ninety days have elapsed from the date of filing of the
complaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that I may lose rights concerning al imony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
I verify that the statements made in this affidavit are true and
correct,
I understand that false statements herein are made
subject to the penalties of 18 Pa.C,S. S 4904 relating to unsworn
falsification to authorities.
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da tie
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