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HomeMy WebLinkAbout02-4116RANDALL L. F1NKEY, Plaintiff VS. DIANE L. FINKEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Oo~-, ~'bkz Civil Term ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divome 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 2 Liberty Avenue Carlisle, Pa. 17013 (717) 249-3166 RANDALL L. F1NKEY, Plaintiff VS. DIANE L. F1NKEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Oo ACTION 1N DIVORCE Civil Term COMPLAINT IN DIVORCE 1. Plaintiffis Randall L. Finkey, a competent adult individual, who has resided at 145 Countryview Estates, Newville, Cumberland County, Pennsylvania for the past four months. 2. Defendant is Diane L. Finkey, a competent adult individual, who has resided at 5 Big Spring Terrace, Newville, Cumberland County, Pennsylvania, for the past three years. 3. Plaintiffand Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiffand the Defendant were married on March 31, 1990 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiffmay have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have no children together. g. Plaintiffand Defendant are both citizens of the United States of America. 9. Neither Plaintiffor Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verify that the statements made in this 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. Randall L. Finkey, Plaintiff e Adams,-~squire · No. 79465 South Pitt Street 2arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAiNTIFF RANDALL L. FINKEY, Plaintiff VS. DIANE L. FINKEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02-4116 CivilTerm : : ACTION IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned matter. Date: Respectfully submitted, /J~e Adams, Esquire (~,D. No. 79465 36 South Hanover Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF F: ~FiLES~DATAF1LE\Gener al~D oc uments\7122-117.pral/tde Created: 3/13/03 10:31:55 AM Revised: 3/13/03 10:34:49 AM RANDALL L. FINKEY, Plaintiff V. DIANE L. FINKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4116 - CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. V~tiams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attomeys for Defendant Dated: March 13, 2003 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jane Adams, Esquire 36 South Pitt Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 13, 2003 RANDALL L. FINKEY, Plaintiff VS. DIANE L. FINKEY, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02 - 4116 Civil Term ACTION IN DIVORCE ADDITIONAL CLAIMS OF PLAINTIFF AND NOW COMES, Randall L. Finkey, by and through his attorney, Jane Adams, Esquire, and files the following additional claims: COUNT I - DIVORCE 1. Plaintiff avers that the grounds on which this action and this claim for divorce arc based are: a. That Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render his condition intolerable and his life burdensome, and; b. That Defendant in violation of her marriage vows committed adultery. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff and Defendant. COUNT II - EOUITABLE DISTRIBUTION OF PROPERTY 2. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. 3. During the course of the marriage, the parties have acquired debts during their marriage and until the present. 4. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. 5. Plaintiffis seeking an equitable division of said property. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Plaintiff, to equitably divide the property, both real and personal, owned by the parties hereto as marilal property. ~~, ~spectfi~ly submitted, ,/'Ja]ae Adams, Esquire Ip. No. 79465 //36 South Pitt St. ~ Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAiNTIFF VERIFICATION I verify that the statements made in this PETITION are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Randall L. Finkey, Plaintiff RANDALL L. FINKEY, Plaintiff VS. DIANE L. FINKEY, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 02 - 4116 Civil Term : ACTION IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT' made this (~i~cdu~a~b~fr a~nn~ Co~untv~s ',v2a0m~alby and between, DIANE L. FINKEY of Ne ' , Y Y hereinafter referred to as "WIFE", and RANDALL L. FINKEY, of Newville, Cumberland County, Pennsylvania, hereinafter referred to as "HUSBAND"; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on March 31 1990, in Carlisle, Cumberland County, Pennsylvania, and; WHEREAS, there were no children born of this marriage; WHEREAS, differences, disputes, and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows: '1. FULL DISCLOSURE OF ASSETS. Each pa~ warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. 2. ADVICE OF COUNSEL. The Husband has employed and had the benefit or counsel of Jane Adams, Esquire, as his attorney. The Wife is PRO SE. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. WIFE has been advised of right to counsel, voluntarily elected to forego representation, and understands that Jane Adams, Esquire is only representing HUSBAND. 3. SEPARATION. The parties intend to maintain ..separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth their respective rights and duties while they continue to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that HUSBAND has filed a Complaint in Cumberland County, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. WIFE hereby expresses her agreement that the marriage is irretrievably broken and expresses her intent t,o execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. The provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend, or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. DATE OF EXECUTION. 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 executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. HUSBAND and WiFE each do hereby mutually remise; release, quit-claim and forever discharge the other and the estate of the other, of and from any and all rights; titles, and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, or whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in the decease spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth, or territory of the United States, or any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of any marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. 8. OUTSTANDING JOINT DEBTS. (a) Wife agrees that the following debts are her own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. 9. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. s3501 et. seq. and taking into account the following considerations: the length of the marriage, the fact that it is the first marriage for both Husband and Wife; the age, health, station, amount, and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties, the contribution of each party to the education, training, or increased earning power of the other party; the opportunity for each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of themarital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically wavier, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 10. OTHER PERSONAL PROPERTY. The parties have previously divided all tangible personal property except as may otherwise be provided in this agreement. 11. MOTOR VEHICLES. With respect to the motor vehicles, owned by one or both of the parties, they agree as follows: (a) The 2'2~0~ Kia Sportage shall be and remain the sole and exclusive property of Wife. (b) The 1993 Toyota T-100 pickup truck shall be and remain the sole and exclusive property of Husband. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement, or as soon as practicable after the execution of this agreement and said executed titles shall be delivered to the proper parties after transfer. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. 12. HOME. HUSBAND and WIFE hold title as Joint Tenants a trailer which is currently occupied by wife which is located at 5 Big Spring 'Terrace, Newville, Cumberland County, Pennsylvania. The parties agree the following regarding this trailer: (a) Husband shall execute the title to the trailer thereby transferring all right, title and interest in the trailer within thirty (30) days of signing this agreement. As of the date of this agreement, Wife shall have sole and exclusive possession of the trailer. (b) As of the date of separation, and without regard to when bills for such items are incurred, received or due, WIFE shall be solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining the trailer (except as provided herein), including but not limited to, all real estate taxes, water and sewer rents, gas, electric, and telephone service, homeowner's insurance, and gardening expenses and repairs, and WIFE shall keep HUSBAND and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, which are incurred in connection with such maintenance, costs, and expense. (c) WIFE shall make reasonable efforts to remove HUSBAND's name from any loans associated with the trailer within sixty (60) day's. 13. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties pensions and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 14. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. Wife and Husband do hereby waive, release, and give up any rights they may respectively have against the other for alimony, support, or maintenance. It shall be from the execution of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 15. 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. 16. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and 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. 17. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 18. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. '19. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 20. 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 default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 21. 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 provisions 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 any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 22. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this agreement. 23. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: DIANE L. FII~KEY, De{~'ant Date: ~- ~- O~ COMMONWEALTH OF PENNSYLVANIA ) )~SS COUNTY OF CUMBERLAND ) On this, the ~ day of , ~ before me, the undersigned officer, personally appeared DIANE L. FINKEY known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official sea~-'~- "Notary ~[l~i~" ,// :,' ~; My commission expires: ~ SEAL RANDALL L. FINKEY,~ Date:(~ Witness COMMONWEALTH OF PENNSYLVANIA ) ):SS COUNTY OF CUMBERLAND ) On this, the c.~ay of.~---~,~, 201~ before me, the undersigned officer, personally ~p~)~ared RA~TD'~LL L. FINKE¥ known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~..~y corer! SEAL 2003 RANDALL L. FINKE vs. DIANE L. FINKEY, 1. A complain 2. The martial date of the filing end se 3. I consent t~ the decree. 1 verify that f statements herein are ~ authorities. Date: i0/20/0 1. I conse 2. I undel if I do not claim th 3. Iunde the decree will be I verify herein are made Date: t O [ Lo Plaintiff : 1N THE COURT OF COMMON PLEAS : CUMBERLAND cOUNTY, PENNSYLVANIA : : No. 02-4116 CivilTerm : : ACTION 1N DIVORCE Defendant : AFFIDAVIT OF CONSEN_TT in divorce under section 3301(c) of the Divorce Code was filed on August 29, 2002. ;e of Plaintiff and Defendant is irretrievably broken end ninety days have elapsed from the ice 0fthe Complaint. ~v~ divorce after service of notice of intenttun to request entry of the entry of a final decree o, ' ' : statements made m th~s. ~, o oo C S 4904, relatmg to unswm ..... adc subject to the penameS m ~ o ...... WA1VER OF NOTICE OF IN~TENTION ToRE UEST ENTRY OF ADIVO~ uNDER ~~OF THE DIVORCE cODE to ent~ of a final decree of divorce without notice. ' ' 'on ofnronerty, lawyer's fees or expen: sd that I may lose rights concerning ahmony, dlvlsl r r n before a divorce is granted. ~tend that ! will not be divorced until a divorce decree is entered by the Court and that a cop nt to me immediately after it is filed with the Prothonotary. · · ' e tree mad correct. 1 understend that false statemen the statements made in this affidawt~ ~ . .:~- *~, unswom falsification to authorities. sbject to the penalties of 18 Pa.C.S. §490z~ re~arm~ ~'~ - Di~r~ es t of RANDALL L. FINKEY, Plaintiff VS. DIANE L. FINKEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02 -4116 Civil Term : : ACTION IN DIVORCE : .AFFIDAVIT OF SERVICE OF THE NOTICE TO DEFEND AND COMPLAINT AND NOW, this November 5, 2003, I, Jane Adams, E~squire, hereby certi~ that on or about October 5, 2002, a certified truc copy of thc NOTICE TO DEFEND, AND COMPLAINT IN DIVORCE wcrc served, via certified mail, return receipt requested, res~cted delivery, addressed to: Diane L. Finkey c/o Manorcare Health Services 940 Walnut Bottom Road Carlisle, Pa. 17013 DEFENDANT Respectfully Submitted: Jr-~f/~(ne ..~,dam~-,, Esquire ~/Iq'6D~'~7~9465 36 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF RANDALL L. FINKEY, Plaintiff VS. DIANE L. FINKEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02 - 4116 Ci[vil Term ACTION IN DIVORCE AFFIDAVIT OF CONSENT I. A complaint in divorce under section 3301(c) of the Divorce Code was filed on August 29, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce at'er service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. Date: ti' ~l}, ~),~ ~~~~ Randall L. Finkey, Esquire ~J WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301(d) OF THE DIVORCE CODE 1. I consent to entry of a final decree ofdivoree without notice. 2. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses ill do not claim them before a divorce is granted. 3. 1 undemtand 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. 1 verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. l Randall L. Finkey, Esquire i -~/ RANDALL L. FINKEY, Plaintiff VS. DIANE L. FINKEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 02 - 4116 Civil Term ACTION 1N 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 ~3301(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered by certified mail~ restricted delivery~ return receipt requested, delivered on: _ October 5, 2002 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: November 4, 2003 By Defendant: October 20, 2003 4. Related claims pending:. None. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: October 29, 2003 Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: November 6, 2003 ~ Respectfully Subm~itted: (I.~. No. 794bE5squire ',,~6 S. Pitt Street Carlisle, Pa. 17013 (717) 245~8508 Attorney for Plaintiff IN THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF PENNA. Randall L. Finkey, Plaintiff NO. VERSUS Diane L. Finkey, Defendant PLEAS No. 02 - 4116 Civil Term AND NOW, DECREED THAT AND DECREE IN DIVORCE Randall L. Finkey Diane L. Finkey ARE DIVORCED FROM THE BONDS OF MATRIMONY, , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICT]ON OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; None; The property settlement agreement executed on September 29, 2003, And filed September 29, 2003, is incorporated but not merged into this Decree.