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HomeMy WebLinkAbout96-03267 .""".,.....' ...'.... "'X J - ~ . ~ ~ 8 . e . e e e e ..HEIDIM,DELP, e . , e . ~ , . , ~ ~ ij . ~ ~ ~ $ ~ ~ ~ $ Lu_- 1".. ... ':4'> ... ... .ltC. ':4'> ... (Co .ltC"~;,*<>>ID(>lI;;,~.._._.:...C_~ .. .1 . . . , . 8 . e . 8 . . . ~ " ~ ~ . 8 b ~ ~ ~ ~ $ ~ ~ .;; ;:0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF * PENNA. ,JOHN L.DE~P, Plain tift V(ll'l'ill:i 'I ,. II ...... 11 :1 .. Defendant DeeRE DIVO' AND NOW,... .t9~.... .1...... decreed that ....... ~PI1Jl.~. PiliP. . . . . . .. . .. . and..... .... .... ... .1j!l141.~..,I?!lIp..... ...... are divorced from the bonds of matrimony. !I I No. ..nl!7.....,..... ....C.lv.ll...1906 I 'I , v< J-t~ c1J6M1J.~ f( .l.&iu~ () A4.u...\, ~~-'I..- f)~ l-~~~ ~/ ~ ,~I The court retains lurlsdlction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ~.o.~eh.' :I:h.~ MI!~rJ~g!l.~e.t.tll1rp.e/l.t.~gr\l\l{l\lllJt. \ll1ll1c;l.S.ep.tllJT)~I1~ II. .1.0.9.1\,.8 rellllPIlIl.CQP:i ot whlc Is attached 89 Exhibit "A" Is Incorporllted herein and the provisions thereot made a part ot .thls Decree. See also Quallfled,Domestlc.Relatlonll,QpdoJl of .ovon date.horewlth. Dy Ali~~i;;J~N,t<:t ~ /tJ~.~~~ .... J: . /1J. .J/ 7,,', L /~'7 /' :E"./JjLm . F' ~~ l<4u/t ... . ... ,/ ", Prolhonolnry ~ ~ '.' ,;, ;:0 '" l!l ~ " ~ ~ " ---- .......--........-.........-.--..- .--...... --. ..~.~ _.'; -~.-..- ~-----------........ ...-~------..--._.~.,...._-"~.......~~-"---~ ~ .~~~~~~-~~-*~._-~-~*_.~ It> .;> v(. /zJ'J Vcr. (.~vl (;'/P /i~"".d,,- ~ .~ 4 'I'J.>J~ . . j . /d ",.. t.:u .....,.-c;,/~' .: 7 . -.-- . . . . . . . . . I_\. MARRIAGE SEnLEMENT AGREEMENT .s;,' 1Y-~ THIS AGREEMENT made this ~ day ol~, 1996, at Carlisle, Penneylvanla, between John Lee Delp, 01 1014 Harrisburg Pike, Carlisle, Pennsylvania herelnalter relerred to as the .Husband," and Heidi M. Delp, now or lormerly of 1014 Harrisburg Pike, Carlisle, Pennsylvenla herelnelter relerred to as the .Wlfe.. ARTICLE I STATUS OF PARTIES 1.01. DII'II of MII"/lIgII. The parties were married on May 17, 1960, In Carlisle, Pennsylvania, and ever since that time have been, and are now, husband and wife. 1.02. Chlldrlln. The names and dates 01 birth 01 the children 01 this marriage are: Lindsay Nlchole Delp born December 2, 1965 Justin Cameron Delp born September 19, 1990 The parties have no other Issue, living or deceased, and have no adopted children. 1.03. SlIpllrlltlon. (a) Unheppy differences have arleen between the parties, and as a result they have lived separate and apart since February 01 1996 (Living separately within the same household). It ehall be lawlul lor each party at all times herealter to live eeparate and apart Irom the other at such place as he or she may Irom time to time choose or deem lit. The lore going provision shall not be taken ae admission on the part 01 either party of the lawl,oJ~ess or unlawlulness of the causes leading to them living apart. ~'~lrPN ...u~ "T AM! , .. . ",..",.6' /..-......... ~ )"-'7'.~ -_..... ;-_.... (b) Wile agrees to physical vacate the premises at 1014 Harrisburg Pike, Carlisle, Pennsylvania. This agreement to vacate Is a material conditio;, and provision 01 this Agreement end any breach of this Section 1.03(b) shall vest the non. breaching party with all 01 the rights and remedlee herelnalter described at Section 6.11 01 this Agreement, and any other rights or remedies available, which shsll ba cumulative snd separable and anyone or ell 01 which may ba enlorcad by the non-breaching party. 1.04. LIIglI1 Procflfldlng. A proceeding lor the divorce 01 the partlea has been lIIed by the Husband In the Court 01 Common Pleas In and lor Cumberland County, Pennsylvania, to No. 96.3267. Wife agrees to consent to the entry of a Decree In Divorce and to sign all necessary waivers and allldavlts required for said Decree, Including the waiver 01 marriage counseling. Thle Section 1.04 shall be an express condlllon 01 this Agreement and any breech 01 this Section 1.04 shall vest the non- breaching party with all 01 the rights and remedies hereinafter described g~~.:!. JoML.. 0tI0 andH..., Y. o.lp ....meve a.1hmMC AQrHtMne EXHIBIl' "A" '.' . . .. '. (or his 401 (k) plan administrator) shall transfer to Wife the sum 01 $5.000.00 Irom Husbend's 401 (k) account. Wife shall ba solely responsible for any tex resulting from this transaction or the withdraw 01 the funds by Wife from her IRA If the funds are rolled over Into an IRA. While It Ie expected that the trenslsr 01 $5,000.00 to an IRA account established by Wife will not cause any tax to be due, when Wife withdraws the lunds they will be taxable and exclee taxes or penalties may be due If the lunds are Immediately withdrawn or withdrawn belore Hueband's retirement. All euch taxes, excise taxes, or penalties shalf be Wife's sole responsibility. Wife shall Insure, defend, and Indemnify Husbsnd from any tax liability sssoclated with the transfer or the $5,000.00 to her and Immediate or eventual withdraw 01 the funds by her, 3.03. Automobile. Wife shall own, have and enjoy as her sole and eeparate property the parties' 1989 VW Golf automoblfe. Husband S;\ . shall execute and deliver to Wife an Irrevocable Power of Atlorney, at the ~ request of Wife. lor said automobile, If It Is Jointly owned, empowering ,,' Wife to sign, execute and deliver title to the same on behalf. oJ Husband. V4/ \); 6"f{' .n<,j4,.....tJ.~.,~.". ht:/t.I'kt!~ "~'f'l If>U. 13.,t..~.J.,...---,,'f; n> ~ ob.. ..'..,.. t.oi..r.;t" ncu~"'cel, l.'fen'i"lnd Loens. (a) Wife Sh~~ assume sole liability for: ~ (1) Any loana In Wife's name alone. (2) Any long distance telephone calls, or separate expenses Incurred at 1014 Harrisburg Pike. Carlisle, Pennsylvania prior to Wife vacating the same. Wife agraes to Indemnify and save hsrmless Husband Irom any claim or liability that Husband may suller or may be required to pay on account 01 any such above-mentioned encumbrances, liens or loans. (b) Husband shall sssume sole liability for: (1) The existing IIrst and second mortgages on the Real Property described In Section 3.01 of this Agreement. (2) The Cspltal One MasterCard; the First Bankcard MasterCard; the PNC Visa; and the Wards credit roard. (3) All normal and regular household bills and taxes associated with the real property described In Section 3.01, except any expensas Incurrad by Wife and which ara her responsibility pursuant to Section 3.04(a)(2) 01 this Agreement. (4) Any losns In Husband's name alone. Husband agrees to Indemnify and save harmless Wife from any claim or liability that Wile may suller or may be required to pay on account 01 any such ab()ve'mentloned encumbrances, liens or loans. 3.05. Personsl Property. It Is hereby agreed between the parties that personal ellects, household goods and furnishings, currentiy 10catet1 at 1014 Harrisburg Pike, Carlisle, Pennsylvania, shall become the sole property 01 the Husband, with the exception of the Items listed In :::~: '""~m.d h"'"'":~:::~:::,:Mm. N9~{!! .__._....._...,.......-...~, ~ . '. '. 0' will make any claim to any 01 the aloremenlloned Ilems and should It become neceesery, the parties each agree to sign any lilies or documents neceeeary to give eltect to this paragraph upon request. 3.0B. S,vlng. .nd Ch.cklng Account.. Husbal'd shall have, as his sole and eeparate property, all lunds remaining at the lime 01 this Agr8lment In any Joint checking or sdvlngs accounls 01 the parties. Each party ehall be the .ole and aeparate owner 01 any lunds In any checking or savings accounts In Ihelr own name. The partlee have no accounts In their name (or one 01 their names) wllh third persons. 3.07. S,vlng. Bond.. Each party shall be Ihe sole and .eperate owner 01 any lavlngs bond. In their own names but each party warrants to the other that th.y do not have any eavlngs bonde In their own name the aggregate value 01 which exceeds $500.00. Hueband ehall retain custody and control over the eavlngs bonds In either 01 the partlea' names and the name alone or both 01 the children and ehall hold those bonds lor the purpose 01 the educallon 0' the children. The parties agree to use the any savings bonds InclUding the name alone or bolh 01 the children solely lor the educallon, medical needs, or eventual dlstrlbullon to, the children. 3.08. Other Docum.nt.tlon. Wile and Husband covenant and agree that they will lorthwlth execute any and all wrlllen Instruments, aeelgnments, releases, sallslacllons, deeds, notes, or such other wrlllngs as may be necessary or desirable lor the proper eltecluallon 01 this Agreement, and as their reepecllvecounsel shall mutually agree should be so executed In order to carry out lully and eltecllvely the terms 01 this Agreemsnt. 3.09. Full DI.clo.ure. Husband and Wlla each declare that he or she has made a lull and complete disclosure to the other 01 all aesets 0' any nature whatsoever In which such party has an Interest (whether eeparate, Joint or mixed), 01 the sources and smount 01 the Income 01 such party 01 every type whatsoever, and 01 all other 'acts relallng to the subject mailer 01 this Agreement. ..-..........-..........- 3.10. R.feue of Oth.r Property. Each party hereby waives any end all claims to any right, IIl1e and Interest In and to the separate property or marital J:lroperty 01 the other except as may be provided In this Agrsement. 3. 11. Property In.urenc.. All Insurance and any proceeds thereol on the real and personal property located at the property described In Section 3.01 Is assigned to the Husband, and the premiums on such Insurance shall be paid by the Husband. The parties shall each main lain their own motor vehicle Insurance. The value 01 any prepaid Insurance on any motor vehicle shall Inure to the benefit 0' the party receiving that motor vehicle and shall not be pro-rated. 3.12. Dlvl.lon of Property. The division 01 exlsllng marllal property Is not Intended by the parties to conslllut9 In any way a sale or exchange 01 assets, and the division Is being eltected wllhout the III 9.~.AY. _L........._...... EXHIBIT "A" ....l1\Ige 1.IliM\tlt AQrMmenI P'g. 4 0111 '. '. " Introduction 01 outelde lunds or other property not constituting a part 01 the matrimonial estate. 3.13. Credit Cards. Except lor the credit cards described In Section 3.04(b)(2) III this Agreement, each party warrants to the other that he or ehe has no credit cards upon which the other Is or could become obligated. Each party warrante to the other that he or she will not use any credit card upon which the other Is or could be obligated. ARTICLE IV ALIMONY AND SUPPORT 4.01. Purpose and Intent 01 Article. (e) In addition to providing lor a division 01 their matrimonial propsrty, It Is the mutual desire 01 the parties to provide a continuing measure 01 eupport lor the Wile alter divorce. The support obligation 01 the Husband embodied In thle Article IV, Is unrelated to the division 01 matrimonial property In Article III, and Is not Intended In any way to constitute a IorIO 01 payment to the Wile lor any rlghte or Intereste she may have In the matrimonial estate. The amount Is primarily based on the duration 01 the msrrlage, the neede 01 the Wile, and the ability 01 the Husband to pay. (b) The support payments provided lor In this Article are Intended by both spouses to quality as contractual .allmony. as that term I. dellned In Section 71 (a) 01 the Internal Revenue Code 01 1986, as amended (herelnalter relerred to as the .Code.), and, as such, are Intended to be Includable In the groes Income 01 the Wile under Section 71 (a) 01 the Code and deductible by the Husband under Section 215(a) 01 the Code. The parties contemplate, therelore, that all 01 the provIsions 01 this Article will be Interpreted In a manner consistent with that Intention. 4.02. Payments. On the entry 01 Judgment of divorce Husband shall pay to Wile the sum 01 $300.00 on the IIrst day 01 each succssdlng month, lor a total 01 24 months. .__._.~ .-.......... 4.03. Social Security Number. II Husband Is requlrsd under regulations promulgated In accordance with Code Section 215(c) to Include the Social Security number 01 Wile on his tax return lor each taxable yaar In which support payments are made, Wile shall lurnlsh her SocIal Security number to Husband, or any changes In that number, belore ha flies his tax return each year. 4.04. Reporting 01 Support Pllyment. by Wile. Wile agrees to Ille tlmoly U.S. Individual Income Tax Raturns lor 1998 and later calendar years reporting as Income the payments made to her by Husband pursuant to this Article during each calendar year; and Wife lurther agrees to pay any Income taxes attributable to such Income, 4. OS. Nontrllnc/erablllty 01 Obligation. The obligation to make support payments provided lor In this Agreement maypnot b~ . ;J -L.........H...U.... "XH/BIT ".." ""mtllt~~ Ii". PI;tIIllIll . . '. I assignad or transfarrad by Wlf'). 4.06. r.,mlnatlon of Obligation of Husband. (a) The obligation of the Husband to make support payments shall terminate Immedlstely on the death 01 the Husband or Wife. In no event shall this Agreement to make support paymants be a charge against Husband'R estate except to the extent of any amounts due but unpaid at the date 01 Husband'e death. (b) The parties lurther agree that the payments provldod lor heraln ehall ceasa entirely on Wlle'a remarrlaga, excapt to the extant of any amounts dua but unpaid at the date 01 such remarriage. In considaratlon of thle Agreemant, Wlla promlsas and agreea to pay over to Hueband and Indemnlly Husband lor any support required to be paid by Husband to Wile aftar Wlla's remarriage. ARTICLE V CUSTODY, SUPPORT AND VISITATION OF CHILDREN 5.01. Cu.tody .nd VI.It.tlon. Husband shall have the lagal custody and primary physical custody 01 the minor children of the parties. Wlla shall have the right of raasonable secondary physical custody (vlsllatlon) at tlmas and placaa to ba agreed on by the partlea. In the event thet the parties cannot at some time in the future agree on Wile's reasonable vleltatlon, Wile may petition a Court of competent Jurisdiction to establish her visitation rights. Wile shall not, however, attempt to raverse or overturn Husband's legal custody or primary physical custody 01 the children during their minority. Wlle'e promise not to attempt to reversa or overturn Husband's legal custody or primary physical custody 01 the children Is a material covenant 01 thla Agraement and any breach of that covenant and this Agreement shall give Husband all of the rights and remedies eet forth at Section 6.11 of this Agraement, regardleeB 01 the lact that Wile may otherwise have the right to petition a court lor a change In legal or physical custody arrangemente. 6.02. Support. Husband agrees to waive his right to child support until September 30, 199B, after which time Wife agrees to pay such support as a Court of competent Jurisdiction may order Irom time to time. 6.03. Fed.ral Tax Status. It Is agreed by the parties that Husband shall claim their minor children as dependents for lederal Incomfl tax purposes. 6.04. Reald.nc:. of Children. The Husband shall not be restricted In his choice 01 residence. Husband shall be lree to move and establish permanent resldonce with the parties' chlldron throughout the world. "'" LH .... and H.. u. .... U1rrllvel.tMmtnlAgtHment EXHIBIT" /4," 9<~.~ , --.....-..-........... '. . . ARTICLE VI GENERAL PROVISIONS 6.01. Agreement Effective Immediately on E:cecutlon. This Agrsement shall be effective Immediately upon the execution 01 It by both parties. 6.02. Re/ealle of All C/a/ma. Each party hareto releases the other Irom all claims, liabilities, debts, obligations, actions and causes of action of every kind that have baen or will be Incurred relating to or arising Irom the marriage between tha parties. However, neither party Is relieved or dlecharged from any obligation under this Agreement or under any Instrument or document oxecuted pursuant to this Agreement. The parties agree that thle Agreement Is In lieu of all clalme and rights under the Pennsylvania Divorce Reform Code, effective July 1, 1980, and specifically the equitable property distribution provisions therein and slso any claims and rights under the divorce or property distribution etatutes or law of any other Jurisdiction. Each party further agrees never to assert any claim against properties listed herein as ths sole and aeparate property 01 the other party nor properties otherwise owned by the other party Individually or with third peraons 6.03. Holding Other Party Free end Harmlellll. (A) The Husband hereby represents and warrants to the Wife that he haa not Incurred (except as otharwlse specified In this Agreement), and hereby agrees that he will not hereafter Incur, any liability or obligation on which she Is, or may be. liable. If any claim or action Is Initiated attampting to hold the Wife liable lor any such liability or obligation, the Husband shall. at his sole expense. defend the Wife against any such claim or ection, whether or not well.founded, and he shall hold her Iree and harmless therefrom. (B) Tha Wife represents and warrants to the Husband that she has not Incurred (except as otherwise specified In this Agreement), and hereby agrees that ahe will not hereafter Incur, any liability or obligation on which he Is, or may be, IIsble. ff any clslm or action Is Initiated attempting to hold the Husband liable lor any such liability or obligation, ths Wile shall, at her sole expense, defend the Husband against any such claim or action, whather or not well.lounded, and ehe shall hold him free and harmless therefrom. ._-,........,-........... 6.04. Waiver of Rlghtll to Other PartY'1I Elltate. Huaband and Wile each waive any and all right: (A) To Inherit or elect under any current or subsequent statute or law any part of the estate of the other at his or her death. (B) To receive property from the estate of the other by bequest or devise, except under a will or codicil dated subsequently to the effective date 01 this Agreement. JoIvlLM OM! .nd H~ Y. Delp u.trllOI '.n1emMl AoriMllltne 9.).$. P'O. 701 tI EXHIBIT "A" " . " (0) To act as the parsonal representatlva 01 tha estate 01 the other on Intestacy (unlen nominated by another party legally entitled to so act). (D) To act as the perronal representative under the will 01 the other, unlass so nominated by a will or codicil dated subsequently to the effective date 01 this Agreement. 6.05. Full O/se/osurll. The Husbend and the Wife each represent and warrant to the other that he or she has made a lull and complete disclosure to the other 01 1111 assets 01 any nature whatsoever In which such party has sn Interast, of the sources and emount 01 tha Income 01 such party 01 svery type whatsoever, and 01 all othor facts ralatlng to tha subject matter of this Agreement. 6.06. Frlllldom from Inlllrfllrllnell. Nalther party shall harass, annoy or Interlere with the other perty In any way. Neither party shall Interlera with the other's employment or other business activities, or with the use, ownership or disposition 01 any property now owned or herealler acquired by the other. 6.07. Tu Ollfle/llne/.. I/nd TI/x Rllfufldl/. A Joint tax return has been lIIed for 1995 snd the expacted relund ellher has been received end spilt or will be divided equally between the parties upon receipt. In the event 01 an audit and assessment 01 deficiencies In Income taxes (Including penalties and Interest), II any, relating to the Joint returns 01 Husband and Wile lor 1996 and earlier calendar years, the costs 01 such deficiencies (Including penalties and Interest) shall be divided equally between the parties. It Is lurther agreed that the parties ehall equally pay any and all costs 01 defending against any such asserted dellclencles. 6.06. Ineomll Tl/ul/. Each party shall file separate returns for the yur 1996 and therealler and ehall be solely responsible lor the payment 01 his or her own taxes as reflected by such returns; except. however, that should the parties stili be married on December 31, 1996, Husband shall have the sole option 01 determining whether Joint or separate returns ehall be lIIed. In the event that a Joint return Is lIIed, the parties agree to continue to make all books, records, tax raturns, Journals, ledgers and any other bookkeeping or financial Information 01 any nature whatsoever available to the other party. Should a Joint return be lIIed, the psrtles ehall pay any tax due and any rofund shall be distributed according to the proportion that each party's Income (calculatad as Totel Income which would be reported as Adjusted Gross Income on each party's U.S. Individual Income Tax Raturn If the parties had lIIed sepsrately) bears to the Total Income 01 both parties. 6.09. Subsllqullnl Olvorell. (A) Nothing herein contained shall be deemed to prevent either 01 tha partlas lrom maintaining a suit for absolute divorce against the other In any jurisdiction based upon any pest or luture conduct 01 the other, nor to bar the other from delendlng any such suit. In the event any such action Is InAlIluted or conC91UdedAthe # EXHIBIT "A" . . JofWI L.. De!DandHe6dlW Oelp "'tnau- a.litmtnI AQtIHlftlnt ,.;tI .0111 , --,........-............ . ' '. '. partlaa shall be bound by all the terms of this Agreement Insolar as thsy rslats to the equitable distribution of propsrty. support. alimony. alimony pendente lite. counssl fsss, costs and expsnses. (B) It Is expressly agrsed that as a condition for the signing 01 this Agreemsnt both partlss agree to conssnt to the entry of a final Dscree divorcing the parties and that refusal by one party to consent to sold divorce shall, as In any othsr breach 01 this Agreement, vest the othsr psrty with ths option to void, all or a part of this Agreemsnt. Monetary damages, except lor legal fees and costs shall not be available lor breach 01 this Section 6.09. 8.10. Repre.entetlon of Pertle. by Independent Counn/. Each party has been represented by an Indspendent allorney, who was selected by the party whom he represents, In the negotiation and preparation 01 this Agreement. This Agreement has been fully explained 10 each party by that party's attorney. Each party has carefully read this Agreement and Is completely aware, not only of Its contents, but also 01 Its legal sUect and acknowledges that the Agreemsnt Is fair and equitable and that It Is being entered Into voluntarily and that It Is not the result 01 any duress or undue Influence. 8.11. Breech. If either party breaches any provision 01 this Agreemsnt, the other psrty shall have the right, at his or her elsctlon, to sus for damages for such breach, void all or a part 01 this Agreement If ths bresoh Is matsrlal and not 01 s monetary naturs, or seek, such other remedies or relief as may be available to him or her. These remedies shall be cumulative end not In the alternative the party breaching this Agreement shall be responsible lor payment of legal lees end costs Incurred by the other In enlorclng their rights under this Agreement. 8.12. Modlflcetlon or Waiver. A modification Dr waiver 01 any of ths provisions 01 this Agreemant shsll be eUsctlve only If made In writing and executed with the same formality as this Agreement. The failure 01 alther party to Insist upon strlcl psrformance of any 01 the provisions 01 this Agresmsnt shall not be construsd as a waiver of any subsequent default of the same or similar nature. 8.13. Execution of Other Documsnt.. Each party shall on demand execute any other documents that may be nscessary or advisable to carry out the prOVisions 01 this Agreement. 8.14. Partlel Invalidity. If any provision 01 this .~greement Is held to be void or unenforceable, all 01 the other provisions hereol shall nsvsrthelsss continue In full lorce and eUect, so long as the overall economlo eUect 01 this Agreement can be substantially accomplished, and If not then this Agreament shalf be null and void. 8.16. Entll's Agresmsnt Cia u.s. This Instrument contains the entire Agreemsnt between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this Inetrument shall be 01 no lorce or eUect ;. ~.,~,if JohnL..D~.ndHIkILI.O.fp l,l.rNgf .,!jtmltll AgltllNnt EXHIBIT "A" . .--......... .--...... , Coun of Common Pleas of Cumberland County, Pennsylvania, retains jurisdiction over this action pursuant to 23 P.S. Section 3502. BY THE COURT, ;Ii ~4~ J. cc: James J. Kayer, Esquire Allomey for Petitioner I Stephen D. Tiley, Esquire Allomey for Respondent F:I FT) C;:FlCi: C'~ .,' '. , t~'!,"n\f' ~'jr~T-1 r::I:/3 L.. ~..', ". j.: j : :--:: ,~'; r,.:\: ~I.\ ~ co I:; "" i'" ~~ c.:;. ~ '--' .. '".;,.,.. ...., c.;,. r .;z . . I;., . \ ',j ~ '''' S' Ci: ~ J;.-' \,< ~ ... . , I- . ,....] '----- '-.... (> 0 . ~ (,-; ~.-.::j .~ \. r+:~', i:;; ',.. -- . .Iif1 .... '- F ::i . !''''' :r-~ '"" r-- ;~ -, .': ~\~ ~ ' L;S ,n :> ~ '.. ( ..' (.) .. _.~ '" -.J ''"' [;, C\< (j \s - '" '.' ~ III ;;1 ~ ll. f,l:l Z . ~ .... ~ C) O~ ~ I:l:: :J 0 ~~ C ~ i:: 00 :3 .. Q UC) ll. Q Z I&.Q . - O:r; r-i > ... ~~~ ~f,l:l . . i!S ll. ll. < ~ ...:l f,l:l f,l:l ...:l Of,l:l> C) Q Q ll. ~~~~~ . . ::l!! ~ ::l!! 0 ~ - C) Eo< C)~ . Q ~ ~ Oz 0 == ti~I~~ -' ~ ffi ~ '" t:~>~!: 011 ~ ~ ~ ~ ~~~~~ "' JOHN L. DELP, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.9' - 3Jfc 7 C_lll~,L v. HEIDI M. DELP, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM OF 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 fall to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A Judgment may also be entered against you for any other claim or relief requested In these papers by the Plaintiff. You may lose money or property or other rights Important to you, including custody or visitation of your children. When the ground for the divorce is Indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors Is available in the Office of the Prothonotary at: . CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 240-6195 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE 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. COURT ADMINISTRATOR, FOURTH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 240-6200 JOHN L. DELP, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. SNj_ C;,. 3J'"1 Ct~"/..t- HEIDI M. DELP, Defendant IN DIVORCE COMPLAINT COUNT I - IN DIVORCE Section 3301 (c) 1. Plaintiff Is John L. Delp, an adult Individual, who currently resides at 1014 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Is Heidi M. Delp, an adult Individual who currently resides at 1014 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months Immediately preceding the filing of this Complaint. The Plaintiff and Defendant have been bona fide residents 01 Cumberland County for a period of more than six (6) months Immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on May 17, 1980 In Carlisle, Cumberland County, Pennsylvania. 5. There has been no prior action for divorce or annulment Instituted by either of the parties In this or any other Jurisdiction. 6. The plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in counseling. 7. The marriage of the parties Is irretrievably broken. Complaint In DIvorce: Dulp v. Colp Page 1 013 B. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff Intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 9. Neither party Is in the military service of the United States within the provisions of the Soldiers' & Sailors' Civil Relief Act of Congress of 1940 and its amendments. COUNT II . EQUITABLE DISTRIBUTION Section 3502 10. The Plaintiff Incorporates herein by reference thereto Paragraphs 1 through 9, Inclusive, the same as if here fully set forth at length. 11. The Plaintiff and Defendant are unable to determine and equitably dispose of their respective rights and interest in the marital property. 12. The Plaintiff requests that the Court equitably divide, distribute or assign, in kind or otherwise, the marital property between the parties. WHEREFORE, Plaintiff prays that a judgment be rendered and a decree be entered In favor of the Plaintiff and against the Defendant, as follows: (a) As to Count I, that a decree in divorce be entered divorCing the parties from the bonds of matrimony. (b) As to Count II, that the marital property owned by the Plaintiff and Defendant be distributed equitably between them. /"tI~ ;; I")<;'? ~~ ..~ ! -', 1)1...., .( ~ /_-~<" Step en D. Tiley, Esquire Allomey lor the Plelnllll 5 So. Hanover Street Carlisle, Pennsylvania 17013 (717) 243.5838 Attorney 10 # 32318 Complaint In Divorce: Oelp v. Oelp Page 2 01 3 ~ ~ VERIFICATION I, John L. De/p, depose and say that I am the PlaIntiff In the above matter; and that the facts set forth In the foregoing ComplaInt are true and correct based partly upon personal knowledge and the remainder upon Information and belief; I understand that this Verification Is made subject to the penalties of 18 Pa.C.S. ~4904, relating to unSWom fa/slflcatlon to authorities. ~ ~ /996 ;'~j. d~ Joh . Delp Complalnlln Divorce: Oelp v. Oe/p P'U' 3 or 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACfION - LAW NO. 96-3267 CIVIL TERM JOHN L. DELP, Plaintiff vs. HEIDI M. DELP, Defendant IN DIVORCE f,RAECWE TO THE PROTHONOTARY: Please enter my appearance as counsel of record for the above-captloned Defendanl. Respectfully submitted, Dated: 6 ((2 If 6 ( 1.' ) ,. ''-of , cc: :~~phe~ Tlley.~quire ',':'; . .~ t ~1 1 , ~ , r;'~ .- ,~ f ~5 ~ Ill, ' I ~ ! '1 t;' -' ~ (.11 ~ a. IS - .. ~; - ..~ It - -)z :r: ..J;.l: ~ ... ,)~ tf N 'j~ ~J a:: ~tJ F -' (110. --, \5 ....~ u:> ::J o~ IJ .. (; i f~ , j'.' u III' l'; n. ." ~ p:, '., I'.. ()l ..1 ~'I " ! (".1 ...I' .. " Let. (. ,'t'j F I c," .1-. " Lt.. 1,1") c.. U', :".J . ... 0 .,.. I- s-: N ./ .~') r .. ');5. - - ::r: .>..:! e, .'I~ r:' ..( ,. N "'{f) U: -'z l~ _)J ~ 7- '.,jm -J ~:,:Ia. ~ :':i 8 \.0 en 0 ,. l- I ./1\ t I, ( I'. I I:: ( II! , I' ~' '~+' ':..:,;- t' j..i1 ~--'q -'-~''1~ >...,-_.-.~:~~;:.,':: (; ......- ;";'1 ir" l,e i: .. 1.1.1(. (T: () ~ :r: [,-! . . I 'I ) 91 \"-) r (,"-1 ; fr .' r.. , .:.1 Cy L'_ .-,. 1', V, I' . .-, W u . . , . . . .. . JOHN L. DELp, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT~ PENNSYLVANIA v. HEIDI M. DELp, Defendant NO. 96-3267 IN DIVORCE AFFIDAVIT OF CONSENT,WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF' DIVORCE DECREE, AND WAIVER OF MARRIAGE COUNSELING I. AComp]aint in divorce under Section 3301(c) of the Divorce Code was filed on June 10, ]996. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a linal decree of divorce without notice. 4. 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 di vorce is grunted. S. 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 wilh the Prothonotary. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I Plll'licipate in counseling. 7. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. S. Being so advised, I do not request that the court require my spouse and I Plll'licipate in counseling prior to a divorce decree being handed down by the court. I verify that the statements made in this affidavit arc true and correct. I understand that false statements herein are made subJect to the penalties of 18 Pa. C. S. ~4904 relating to unsworn falsification to authorities. DATE: J'h;~).. ~ ~ 17,) /~'1{p (" .~ -.. i,- (.::' V. i ~. , Ill. (~1 ~ . \.,.. ~. ~~ fi:,- ..J.. li-. , [.. IL C> ., C; .J ,c, (,-..J r.. ~; ,':) C.; ~ 1:1 :.... . (, . . PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following Information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: June 12, 1996 by Acceptance of Service of Defendant's counsel of record, James J. Kayer, Esquire. See Acceptance of Service flied June 12, 1996. 3. Date of the execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff September 17, 1996; by Defendant September 10, 1996. 4. Related claims pending: None. (See Marriage Settlement Agreement attached to proposed Decree and separate Qualified Domestic Relations Order.) DATE: ~6/?/ -/J '""7' ~A/. /~ Step n D. Tiley 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243.5838 Attomey for Plaintiff ~;.:; .... Cl tJ~. L!: i> .!(., C": (1:"( ~ fe. ' i:_. ~f . ~_.l L. ',,':l , l~. ,'4 ,;::".? n!L!~ ('\.. .. ~ tj C'.: J.. ['. "OJ LL \,"':'1 _:J 0 V'I U .. .. . . . .. . .