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HomeMy WebLinkAbout96-03351 j<ltJ4"J &;I , ...........' WHEREAS, both Husband and Wife have hod the opportunity, independently of each other, to consult an aUorney of his or her choicl.'l to have explained fully and completely his or her legal rights and obligations under the Divorce Code and the legal effect of the provisions of this Agreement; and WHEREAS, both Husband and Wife fully understand all of the terms, conditions, and provisions of this Agreement and believe it to be fair, just, adequate, and reasonable as to each of them, and, voluntarily accept such term~, conditions and provisions. NOW THEREFORE, in consideration of the mutual covenants herein contained, and other good and valuable consideration, the parties hereto, intending to be legally bound hereby, agree as follows: 1, The parties may and shall continue at all times to live separate and apart from each other, free from interference or control by the other, as fully as ifhe or she were single and unmarried, Each may hereafter reside at such place any where in the world and engage in any employment, occupation, business or trade, which either may deem fit, free from any interference or control, direct or indirect, by the other in all respects as if he or she were single and unmarried. 2, The parties hereto agree that the following outstanding indebtedness arising from the marriage sholl be paid as follows: Husband shall pay the loan from Continental Credit Service in the approximate amount of $3,788,22; Husband sholl pay the debt to the Internal Revenue Service in the approximate amount of $3,830.68; Husband shall hold Wife safe and harmless from any liability on the above mentioned debts, Each party agrees thot any debt incurred prior to their marriage or after their separation shall be assumed by the individual incurring such debt and that such debt sholl be fully paid by the one assuming said debt, and that he or she will hold the other party safe and harmless from any liability thereon. 2 . . : Except as herein provided in this paragraph 2, each of the parties hereto covenants and agrees that he or she has not in the past and will not at any time in the future incur or contract any debt, charge or liability whatsoever for which the other party, his or her legal representatives, or his or her property or estate may become liable; and each of them further covenants at all times to keep the other free, harmless and indemnified of and from all debts, charges and liabilities hereafter contracted by each of them, 3, The parties hereto agree that the vehicles that they have acquired will be divided as follows: A. The 1988 Subaru DL Wagon shall bethesoleand separate property of Wile, Wife agrees that she shall be solely responsible for payment of the remaining balance due, ifany, on any Joan for the purchase of her automobile, and that she shall hold Husband safe and harmless from any liability thereon. Wife agrees that she shall be solely responsible for maintaining and paying for her own automobile insurance. Each agrees that he or she will upon the request of the other sign any title or other paper necessary to effectuate the transfer of title to any vehicle that has not been transferred to the other. 4. The parties hereto agree that they have divided the remaining personal property acquired during the marriage to their mutual satisfaction, and those items in the possession of each shall be his or her sole and separute property. The parties hereto agree that each has his or her personal property acquired prior to their marriage in his or her possession, and that said personal property is the sole and separate property of each, 5, A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any oFthe provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, 3 '. 6. If either party defaults in the due performance of the terms, conditions and covenants of this Agreement on his or her part to be performed. the nondefaulting party shull have the right to sue for specific performance or damages for the brcuch of this Allreement, and the defaulting party shull pay the rcusonable legal fees for any services rendered by the nondefaulting party's allorney in any action or proceeding to compel the other party's due performance hereunder. 7. Each party has had the opportunity to consult separate legal counsel relative to this Allreement; if counsel has been consulted counsel fllr the respective parties has explained said Agreement to cuch party; each party fully understands all of the terms herein set forth; all of said terms represent and constitute the entire understanding between the parties; cuch party has read this Agreement and finds the same to be in accordance with his or her understanding. Each party does hereby voluntarily execute this Agreement and affixes his or her sigllUture hereto in the presence of witnesses below, 8, Except as otherwise provided for herein, cuch party hereby relcuses and discharges completely and forever the other from any and all rights of alimony, alimony pendente lite, counsel fees, division of property including pension or retirement benefits, right of dower and curtsy, right to act as administrator or executor on the estate of the other, right of distributive shure in the estate of the other, rillht of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of said marriage relationship, or otherwise, and whether the samllare conferred by the ~tatutory law or by the common law of the Commonwealth . . of Pennsylvania, or any other state, or the common law of the United States of America. It is the understanding between the parties that this Agreement, except as otherwise provided herein, forever and completely adjusts, settles and disposes of, and completely terminates, any and all rights, claims, privileges and benefits that cuch now has, \lr each may have rcuson to believe cuch hus, against the other, arising out of said marriage relationship or otherwise, and whether the same are conferred by the laws of the Commonwculth of Pennsylvania, of any other state, or of the United States of America, and which are now or which may hercufter be in force and effect. 4 ~- C") .~ (Y' In ~:::; ~C ..- .. :.i ..- I~ - - ':1~~ -t-.. L. ~ :1~j C. >- (.. 0 ,'c'-l C.. ,,~ .l~. l" u I'.lH:! ~S L,j ~12 Cl u.. V') a Q g, . ... .~... .~.. -.. . ~..~- ,,; ",'1'>':"... .:J;.j,!rJ c.!~'I~UI (';',l.~.I'I:"'il::!!'J \:l:r.{) k '. h~ ,j' ;q';~ 1..' f,1\>f.\'" rtlnf .. t !'Ie t. . :\,~ off Z," "r ~ ,... '>- ~ ." f:-; " . j~ g~l ~ , ).; ~~~ :<: . ) l' n. :::; e, .J.... r,T. ,.) ./{n to. I .J2; {C1l . ". ~li(l] f!.:. ~ ~ ~-1 a.. 'i- ,... ~:i 0 C/'I 'J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEN ALLEN DIETRICH, Plaintiff : CML ACTION - LAW : NO.96- 335/ t~Jvt~ v. TRACY ANN DIETRICH, 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 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 brcukdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary, Perry County Courthouse, New Bloomfield, Pennsylvania. 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 OFTHEM. 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 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA KEN ALLEN DIETRJCH, Plaintiff : CIVILACTION-LAW v. : NO.96- TRACY ANN DIETRJCH, Defendant COUNT I COMPLAINT UNDER AA 3301(c) OR (d) OF THE DIVORCE CODE I, Plaintiff is Ken Allen Dietrich who currently resides at 298 Stone House Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Tracy Ann Dietrich with a current address of Unit L, Cumberland County Prison, 1101 CI,;emont Road, Carlisle, Cumberland County, Pennsylvania 17013, 3, Both 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. The Plaintiff and Defendant were married on May 3, 1985 at Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties, 6, The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8, Plaintiff requests the court to enter a decree of divorce. ~ ~ fB.~ . ~} = ~~ ~ IL ::: LII - .. ~ ~ ~ ~ V) 0\ ) ~~ ~\ ~~ ~ \i ,- .,. :;:~ ,$ . l:;.,- . ~::i ..<;:; .j"{n ,"::.00 'j':.!..:z . .", . I tl '''~- '>0-- J ~ Ii ~ ~ ~~ ~~ ~ f:j ..:I .... Po .... .... Z .... r:: .... III 0 r:: 'tl ~>< .... r:: 8~ III Ql ~ 'M .... :Z:Po ' Ql ~ ~ rz.O ..:I U :Z:j:l OU H U I E H ~ ~ .. ~~ e-~.cZ . ~ ~ ~ H > W ~~~~. ..:I~O j:l H H ~~ p: H j:l .c I&ll>tl Z ~ ~~.c~ w ~ ::g~d~ f;"f;" '..:1 .. .. :;j .c 0 ~~~~ t:.t:. UIll..:lOl U l&.~~ . >< ~~ I&lHO Z U OPoUZ W .c ~ b<: ~ .' . ." -~ '. '. ..-.... -..0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA KEN ALLEN DIETRICH, Plaintiff CIVIL ACTION - LAW NO, 96 - 3351 Civil Term v. TRACY ANN DIETRICH, Defendant AFFIDA VIT OF SERVICE -..... _.~_.. _... .--..-- .... ..-.. - ....., Pursuant to Rule I 930,4(c) of the Pennsylvania Rules of Civil Procedure, a certified copy of Plaintiff's Complaint was served on Tracy Ann Dietrich, Defendant, by certified mail, return receipt requested, restricted delivery, by depositing certified article no. P-433.748-306 addressed to the Defendant at her last known address, 08178-067, Pembroke Station, Danbury, Connecticut 06811 by depositing in the U, S. Mail atthe Post Office, New Bloomfield, P A 17068 on June 14, 1996. The return receipt for certified article P-433-748-306 bcurs the signature of the Defendant, Tracy Ann Dietrich, with the date of June 17,1996, thereon, which fact was confirmed via telephone conversation with the mail room at the Federal Penitentiary, Pembroke Station, Danbury, Connecticut where their records confirm that the Defendant did, in fact, sign for certified article no. P-433-748-306. The telephone number for the Federal Penitentiary, Pembroke Station, Danbury, Connecticut is 203- 743-6471. The receipt and return receipt are attached hereto and ., ~ mode a part hereof. ._ _,J~!)J11 1Jib___ Scott M. Staller, Esquire P. O. Box 264 New Bloomfield, PA 17068 Telephone: (717) 582-7574 Attorney for PlaintitT I I' I '--", ... Mrs. Tracy Ann Dietrich 08178-067 Pel broke Station Danbury, CONNETICUT 06811 J1:G I ft..- ~ D~MoII I , .1 I I , ( 'r , . 'j , : . "I: \ \: ; \ il ; DClMII110 RIlTUlIH IlIC1U'J' P 433 748106 us Poslal Service Receipt for Certl ed Mall No Insurance Coverago Provided. Do nol use 'or International Mall SS6 TBV81Se Sonllo 1'-' 068 1 Postage $ .. 1 Cortlfied Fea Spoaal Dolivery Fee . I \ ~ C"I .- ( Lt: I.; I lR .. ,-'~ l - I .'. - . }.;; ( . - ; :~, ~- "L ~ "\::3 r: 1_: ......- (L: Cl 'if) c!~: '" " ~ ~.~ e..;, i.,1jj) F L'-' ,~ IUo. ~ '. LO, .0 ~5 0 ~, (J ( l 1 \ . ( ( ...- ~--- ( ( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEN ALLEN DIETRICH, Plaintiff CIVIL ACTION - DIVORCE v. No. 96 - 3351 Civil Term TRACY ANN DIETRICH, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY DIVORCE DECREE UNDER A 3301(c) OF THE DIVORCE CODE I, I consenlto the entry ofa final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division ofproperty,luwyers' fees or . ' , , expenses if! do not cluim them before a divorce is granted, , 3, I understand that I will not be divorced until a divorce decree is entered by the Court and , , H; .. ,. thata'copy of the decree will be sent to me immediately after it is filed with the prothonotary. ~ ! " I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, ~ 4904 relating to unsworn falsification to authorities. Date: -Dr ,.""b.--r q~ Q19L ___~. 2../ Ken Allen Dietrich ~ (') 1; III t .. ~') .a; - - (J:::'.', ;i .:)~ if .:")~ -.'r c,; 0 :."~ r":. ~ .~- ", tem \ U.' W 11.1 -if 'i5 \0&.1- ::~ '0 ..0 '.:;J Cf\ \J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEN ALLEN DIETRICH, PlaintilT CIVIL ACTION - DIVORCE v, No. 96 - 3351 Civil Term TRACY ANN DIETRICH, Defendant AFFIDAVIT OF CONSENT 1. Acomplalnt In divorce under 63301 (c) of me Divorce Code was filed onJune 14, 1996,', '. ".' H - 2. The marriage ofplalntilTanrl defendant Is Irrl"trievably broken and ninety days have , elapsed from date of the flUng the Com plain t, ~:I consent to the entry ofa flnal decree of divorce after service oflntentlon to request .. entry,ofthe decree. I verity that the statements made In mls affidavit are true and correct. I understand that false statements herein are made subJect to the penalties ofl8 Pa, c,s. 64904 relating to unsworn falslflcatlon to authorities. Date: ~l"'\b-r- I cr, FfJe. o ~-~~ Ken Allen etrlch ~ C") r It) ,-- f .. ~\~ - "), - :J~ ~ '~~l ~ 0 ~ t\ i,~ c:::. ~ ~ \D .," en ,~ ("J r:: In .. ~~l.,.~ - ;)r.. - c-i - \::J~~ i,!, ;j! "l~ ... - 1:' 0 :,.,;~ ~ N '..'.~~ u iu to F: uJ IXio.. c;;J ~, ~. ~ U) :::> 0' u October 11. 1996 P ( -<; . . ., J. ), :',' .. " r. _. .' Court Administrator Cumberland County Courthouse 1 Courthouse Square. 4th Floor Carlisle. PA 17013-3387 Re: Civil Action No. 96-3351 Ken Allen Dietrich v. Tracy Ann Dietrich Dear Honorable Court. My name is Tracy Ann Dietrich and I am presently incarcerated at FCI Danbury. I would like to bring to the attention of the court a letter I received from an attorney on October 5. 1996. with conditions regarding the custody of our daughter in the above action. While I agree with the conditions generally. I would like to protect my rights as a mother who has been caring for this child since her birth and until my incarceration in May of 1996. Please be advised that my present charges have nothing to do with my qualifications as a parent or my ability to care for my daughter. Please make sure the following conditions are entered into my divorce decree. 1. I want the block taken off the telephone where Jazmin is presently residing with her father and that I be allowed phone contact weekly. 2. I want physical visits with my daughter and ask that it be ordered that she be brought to visit me once a month or whenever is reasonably possible during my incarceration. 3. I want Jazmin to be enco~raged to write and maintain contact with me during my incarceration and ask that $he be permitted to receive my letters and special items I make for her. 4. Upon release I want to be able to have Jazmin on weekends. I want to alternate custody during Holidays. I want Jazmin in my custody 1 month of of the summer when she is out of school. As a condition of agreeing to the divorce I want the above considerations instituted into the final decree. Without the incorporation of the above stipulations please be advised that I do and will contest the divorce in its entirety and ask that it be postponed until 2-9~ when I am due to be released and can have the opportunity to make adequate legal arrangements to insure my rights as a parent. 1"1. n}-OmCE r'; 1 " I I I' "',' :I)TI-P,y ~<,rr.T?J r.:1llln5 CU1.~: ',,! : ':I~_:-nY I.tni j:J'J LVi": Jill I i I I ! October 11, 1996 Tracy Ann Dietrich 08178-067 Pembroke Station l2D Danbury, CT 06811 Mr. Scott M. Staller Attorney ilt (,aw P.O. 1I'.lX l64 Nuw II loolllfleld , PA 17068 Ilol Uiotrich v. Dietrich Civil Action No. 96-3351 1l''''Jr Mr. nttllll~r: 1 recuived your letter regarding the above action and alii herein n'lIp'llllllnlJ with the conditions and stipulations by which I will agree to tho .wttun. 1 w~nt specific visitation privileges with my daughter once I am released as well as special considerations while I am incarcerated. A cupy ut my conditions have been sent to the court. The conditions inciud~1 but are not limited to: 1) the block being taken off the phone residing with her father so that I be allowed to talk with her weekl~ a month. 1 want physical visits once a month or whenever is reasonable during my incarceration. 3) I want Jazmin to be encouraged, not discouraged, to write and maintain contact with me and that she be permitted to receive letters and special items I make for her. 4) Upon release 1 want custody of Jazmin on weekendR, alternate holidays, and 1 month out of the summer., 'J'hlHw iJre the custody terms I '~'ill agree to. Wlth respect to the outstanding debts you referred to please be advised that I will assume no liability or responSibility. The IRS debt is solely my husband's debt as he attempted to fradulently file his personal taxes and exclude unemployment payments he had received. The second debt to Continental Credit was a shared debt between us both and my husband did receive a cash portion of that loan. I will not assume responsibility for this debt and am also in no position to. These are the conditions by which I will agree to this divorce. If you have any further questions or comments please feel free to contact mo. where Jazmin is presently can cal~ and that I and no less than twice 2 ) Sincerely, ~--r., '),.'-"- '.. i..-.!ty- ~~:'f/ _flo.:I,'/1<;/ Tracy Ann Dietrich