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acknowledge that they have executed simultaneously herewith the necessary Mfidavits of
Consent for the entry of a final divorce decree in that action.
4. VOLUID'ABY I;:XECUTIQtl
It is acknowledged by the parties that this Marital Settlement Agreement is
entered into voluntarily and after due deliberation by each of them. Both parties
acknowledge that they have sought and obtained independent legal advice from counsel
and that they have been duly apprised of their legal rights; Ihat all provisions of this
Marital Settlemenl Agreement have been fully and satisfactorily explained to them; that
they have given due consideration to such provisions and undersland them clearly; that
the provisions contairll'd in this Marital Settlement Agreement are in all respects
acccptable to them, being fair, adequate. and reasonable under the circum.stances. and
Ihat accordingly, they consenlto all the provisions hereof.
5. fERSQNAI. rlLOrERTY AND IlEBTS Of.m.t:..Pi-\8JlES
The parties hereby declare that all issues regarding equilable distribution
have previously been resolved and that allY property held by either party is now
considered to be hili or her sole property. The parties have also resolved any iSfUes
regarding marital debts, and any debts held by either of thl~ parties in his or her
respective name is cOllsidered his or her individual and lOll" respunaibility.
3
8.
Each of the parties shall, from time to time at the request of each other,
execute, acknowledge and deliver to the other party any and all further instruments that
may reasonably be required in order to give full force and effect to the provisions of this
Marital Seulement Agreement.
9. A.1T9RNEY FEES. COUBT COSTS
Each party hereto agrees that he or she shall individually be responsible for
any and all counsel fees and expenses incurred by him or her in connection with the
preparation of this ~Iarital SeUlemenl Agreement and the divorce belween the parties.
10. VOID CI.AUSF.5
If any term. condition. clause or provision of this Agreement shall be
determinE'd or declarE'd to be void or invalid in law or otherwise. Ihen only that term.
condition, c1au:;e or provision shall be stricken from this Agreement, and in all other
respects this Agreemenl shall be valid and continue in full force. effect and operation.
11. MUTUAL RE,LEASf.;
Except as providE'd for in this Marital Settlement Agreement. tht' parties
hereh)' rl"miill'. rdl"ase, quit-claim and forever discharge elKh other and the t';Ilate of each
other, for all time to come, and for all purpo$t!$ whatsoever, fronl any and every claim,
includil1f alimony. alimony pendentt' lite. ~itable distribution of marital property,
n)U~1 fl.'t"i ur COol\'; under thf' Divllfff' Rf'f\)f\tl Ad or .pouul support, or odwrwi..... that
5
STEVEN E. DETTLING,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
.
:NO. 96-5029 CIVIL TERM
BARBARA J. DETTLING,
Defendant
To the Prothonotary:
Transmit the record, together with the following information, to the Court
for entry of a divorce decree:
1. Ground for the divorce is irretrievable breakdown under Section of
3301(c} 3301(d) of the Divorce Code.
2. The Complaint was served by U.S. Mail, restricted delivery, to the
Defendant on September 12, 1996.
3. PlaintitJ'1 Affidavit required by Section 3301(c) or 3301(d) oCthe Divorce
Code was executed by the Plaintiff on September 30, 1997, and by Defendant on
October 17,1997.
4. There are no related claims pending. The parties agree to the entry of a
Marital Separation Ap'eement dated October 1, 1997, to be incorporated into the
final Decree of Divorce between them.
ReIpectt\tll,y Ilfbmitted,
>-~,~"
.
BY: Samuel W. Milk... Eaq.
JACOBSEN" MII..KES
t2 E. Hiab 8t,"t
Cvli.... PA 1'1013
(71'7) 249-6427
Attom" No. 30130
v.
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:CMLACTION. LAW
.
:NO. q(" 'l/).J 9 C4..J ~-
:IN DIVORCE
STEVEN E. DETTLING,
Plaintiff
BARBARA J. DETTLING,
Defendant
NOTICE TO DEfEND AND C~IM 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 80, the cue 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, Cumberland County Courthouse,
Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE mE RIGHT TO CLAIM
ANY OF 'I"llEM.
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 mE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
COURT ADMJNISTRATOR
CUMBEIlLAND COUNTY COURTHOUSE
CAIU,tlill R, PA 17011
TELEPHONE: 717.110 tIOO
STEVEN E. DETIUNG, .
.
Plaintiff .
.
.
.
v. .
.
.
.
BARBARA J, DETIUNG, .
.
Defendant .
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION . LAW
NO. 'I' 'i.',J 9 CL;.1 T..--
IN DIVORCE
WAIVER OF COUNSI';t.JNG
Steven E. Dettling, Plaintiff herein. hereby states and certifies as follows:
1. I have been adviaed of the availability of marriage counseling and
understand that I may request that the Court require that my spouse and I
participate in couneeling.
2. I understand that the Court maintaina a lisi of marriage couneelora in the
Domestic Relationa OO"1ce, which list is available to me upon request.
3. Being 80 advi8ed, I do not request that ihe Court require that my spouse
and I participate in counseling prior to a divorce decree being handed down by the
Court.
I understand that false statement. herein are made suqect to the penaltiel
of 18 P..C.S. Section .904, relating to unaworn fabification to authorities.
Dated.: .L,'. '-r
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle. PA 17013
(717) 240-6535
.. Robert .Ocker, II
~ Muter
Tracl 010 Colyer
Olllce U."agerlRepoIIer
West Shore
697-0371 Ex\. 6535
Samuel W. Milkes, Esquire
JACOBSEN , MILKES
52 East High street
carlisle, PA 17013
May 13, 1997
Thomas J. Williams, Esquire
HARTSON, DEARDORFF, WILLIAMS
, OTTO
10 East High Street
Carlisle, PA 17013
RE: Steven E. Dettling vs. Barbara J. Dettling
No. 96 - 5029 civil
In Divorce
Dear Kr. Milkes and Mr. Williams:
By order of Court of President Judge Harold E. Sheely
dated Kay 12, 1997, the full-time Master has been appointed in
the above referenced divorce proceedings.
A divorce complaint was filed on September 11, 1996,
raising grounds for divorce of irretrievable breakdown of the
marriage. The Plaintiff filed an affidavit under Section
3301(d) on February 27, 1997, averring that the parties have
been separated for a period in excess of two years, since
January 1995.
In response to the affidavit, the Defendant filed a
counter-affidavit indicating that although she did not oppose
the entry of a divorce decree she wished to raise economic
clai... On Karch 14, 1997, the Defendant raised the economic
issues of alimony and alimony pendente lite. On April 14, 1997,
an order of court was entered awarding wife alimony pendente
lite. Therefore, the Kaster is left with the claim of ali.ony
raised by wife in her petition.
In accordance with P.R.C.P. 1920.33(b) I a. directing
each counsel to file a pre-trial statement on or before Monday,
June 2, 1997. Upon receipt of the pre-trial state.ents I will
iaaediately schedule a pre-hearing conference with counsel
STEVEN E. DETTLING, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
VB, CIVIL ACTION - LAW
.
.
. NO. 96 - 5029 CIVIL
.
BARBARA J. DETTLING, :
Detendant . IN DIVORCE
.
NOTICE OF PRE-HEARING CONFERENCE
TO: Samuel W. Milkes
, Counsel tor Plaintitt
Thomas J. Williams
, Counsel for Defendant
A pre-hearing conference has been scheduled at the
Office ot the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 19th day of Septeaber, 1997, at 9:30 ....,
at which ti.e we will review the pre-trial state.ents previously
tiled by counsel, detine issues, identity witnesses, explore the
possibility of settle.ent and, if necessary, schedule a hearing.
Very truly yours,
Date ot Noticel 6/3/97
E. Robert Elicker, II
Divorce Master
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J..IADJ.l.lIIiS
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Stocks, bonds, securities and options
Certificates of deposit
Checking accounts, C8Bh
Savinge accounts, money market and savinge certificates
Contents of safe deposit boxes
Trusts
Life insurance policies (indicate face value, cash surrender value and
current beneficiaries)
Annuities
Gifts
Inheritances
Patents, copyrights, inventions, royalties
Penonal property outside the home
Businellll8s (list all owners including percentage of ownership, and
officer/director positions held by a party with company)
Employment termination benefits- severance pay, worker's compensation
claim/award
Profit sharing plans
Pension plans (indicate employee contribution and date plan veata)
Retirement plans, Individual Retirement Accounts
Disability payments
Litigation claima (matured and unmatured)
MilitaryN.A. benefits
Education benefits
Debts due, including loans, mortpges held
Household furnishinp and penonalty {indude 88 a total category and
attach itemized liat it distribution of such 888eU ia in dispute
Other: Value of education received during the marrillp
All marital property W88 distributed at the time or separation or the parties.
Plaintiff is unaware or any nOD-marital property which ia at iuue in this CUll.
There are currently no outatandina liabilities.
The o.t.ocIaDt &DUel",,, there wW be no open telUmoDJ.
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Stocks, bonds, securities and options
Certificates of deposit
Checking accounts, cash
Savings accounts, money market and savings certificates
Contents of safe deposit boxes
Trusts
Life insurance policies (indicate face value, cash surrender value and
current beneficiaries)
Annuities
Gifts
Inheritances
Patents, copyrights, inventions, royalties
Personal property outside the home
Businesses (list all owners including percentage of ownership, and
officer/director positions held by a party with company)
Employment termination benefits. severance pay, worker's compensation
claim/award
Profit sharing plans
Pension plans (indicate employee contribution and date plan vests)
Retirement plans. Individual Retirement Accounts
Disability payments
Litigation claims (matured and unmatured)
MilitaryN.A. benefits
Education benefits
Debts due, including loans, mortgages held
Household furnishings and personalty (include as a total category and
attach itemized list if distnllution of such assets is in dispute
Other: Value of education received during the marriage
All marital property was distributed at the time of separation of the parties.
NON.lMRITAL ~RO~ERTY
LIAW.LlIlES
mn:rs
Plaintiff i. unaware of any non-marital property which is at issue in this cue.
There are currently no outstandinr liabilities.
Th. o.tendan\ anticipates there will be no expert testimony.
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,'ft'.aed, OlQ4.'Wj~02 I' l't"1r.4
Rn,vd 0\'11'" 01 ).I \It PM
STEVEN E. DETTLING.
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 96-5029 CIVIL
BARBARA 1. DETTLING.
Petitioner
IN DIVORCE
PETITIONER'S MOTION FOR AUMONY AND AUMONY PENDENTE UTE
AND NOW, comes Petitioner Barbara 1. Dettling. by and through her attorneys, MARTSON,
DEARDORFF, WILLIAMS & OTTO and makes the following claims:
I. Respondent filed a Complaint in Divorce on or about September 10, 1996
2. Respondent is at present employed as a laborer and earns approximately $13.00 per
hour.
3 Petitioner is at present employed as a cutter and earns approximately $5.50 per hour.
4. Respondent has failed and refused to support Petitioner adequately since the parties'
separation and Petitioner cannot maintain herself during the pendency of this action or thereafter
5. Petitioner is ~ithout adequate funds to support herself
6. Petitioner requests your Honorable Court to allow alimony as it deems reasonable
pursuant to Section 3701 of the Pennsylvania Divorce Code
7. Petitioner requestS)llUr Honorable Court to allow her alimony and alimony pendente
lite. reasonable counsel fees and expenses pursuant to Section 3702 of the Pennsylvania Divorce
Code
WHEREFORE. Petitioner prays that your Honorable Court grant a Rule on Respondent to
show cause why an Order should not be made upon him to pay Petitioner reasonable counsel fees
and expenses. alimony and alimony pendente lite
MARTSON. DEARDORFF. WilLIAMS & OTTO
BL.J"k..,.,) 14I.l,C.<<{~
Thomas J WiiiiC;s. Esquire
T erI East High Slreet
C artisIe. P A 170 n. l(l') J
(717) 2"J.U4'
AlIllrMYs for llotfend4nt
J)ate I tlt"'..I '1
. 111.1 S 11.\1 AlII f ~",I',;I" .~. \...,:''1'1111.....
lImed .J'\lI.~IIl\.tll AM
Rn'IMOt 11\ :~"'~{I91l2 :0 A\t
STEVEN E DETTLING,
fllainlilf
IN TilE COURT OF COMMON I'I.EAS OF
ClJMUElU.ANU C()\ INT\', flENNSYI.V ANIA
v
NO %.~()2'l
BARBARA J DETTLING,
Defendanl
IN mVORCE
DEFENDANT'S PRt:.II[ARING 1\I[I\IORANDlJI\I
I. INTRODllCTION:
MARITAL
Date of Marriage
Children 10 Marriage
Dale of Separalion
WIFE
Wife's I) 08
Wife's Educalion
Wife's Occupatitm
Wife's Appro,imate Net In",_
IItJSBAND
lIusband's D () U
lIusband's l'ducalKm
lIushand's OU:\Ipatitm
lIushand's ^PJlflmmale Net IlIu_
O\:lImer 1'1, 1')11\
lltather, born April 17, I ')llll
John. horn I:chruary I, I WO
"'chruarv I. 1'l'1'I
I'chl\l'rv :N, I'I'\f,
(irlldulIl' Ilf UIIl Spri"lllllllh School
I..bt.lftf
S712 011 "'" I1llmlh
'une 1'1. 1'1'\,\
(irtduale "ITtdar ('hITllltlh School
S~n
S 11.'1111111 pl'f I1llmth
This d,vor\:e e'K "IS iOlltaltd "" IIw lIu!iband. SIf'\rrt I. l)etth"ll rhe panics separated
on Fdwuir; l. 1'I'i'I, after Ihean or "tamIl!". "Ireo 1'I'lOlIITldl Uefendant and lheir two children.
.nd mmtd in with his lll,lIhmd Smu' the "",f1I.I,ntdnK.. "'as lillrd in P1aintitrs name, he
basKaIIV Ilvev. lld'endafIl oul or IIw "Otlll! .nd sIw IwdtlllltOH' In ",Ih her rldett~ parerllS .nd her
mm~ retarded """her I ldfflJam " mmtall\' c~ and " Ul\IbW 10 lil/pport herself and
her childmt w"h /Itllhmtt r1w oil.., lhan her mtnIttlUm ". jllb .nd wllllkll in the foreweable
(UIUfI' he ... 10 hoe ~h "lth..,,, linoJIkul .........._'" rl\vn l'tamhlT
".. faIIl "hlw ......1tf1ft\..I..I~ I.... children .rr cunent~ sbuft1cd bKlI.nd
bth I1d-AftM Iht JW1W' ..... IhIt 1 ~ ...w\., ,...." 'Il. III '0" no r III lihdt, and ., her early
,i"/If _n II dtfti.;ult 10 tab .., .... tlw ,hl'drftl /It 'M lIlottllfttl the IltMrdam pdt up II1e
..~ lit 4 ~l r '" ~m "'-' .. ..... I't"lftlttf, "'_ 4ttot sIw ..""'" lhem '" .1UI1~ht, ",-hen
ht "",,,, ,,,,"" \If.....-1 ....,.. 4ttot '.tl",,'lwnI h'....' "'_
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acknowledge that they have executed simultaneously herewith the necessary Affidavits of
Consent for the entry of a final divorce decree in that action,
4.
It is acknowledged by the parties thaI this Marital Seulemenl Agreemenl is
entered into voluntarily and lifter due deliberation by each of them, Both parties
acknowledge Ihatlhey have sought and obtllined independent legal advice from counsel
and that they have been duly apprised of their legal rights; that all provisions of this
Marital Settlement Agreement have been fully and satisfactorily eXplained to them; thaI
they have given due consideralionto such provisions and understand them clearly; thlll
the provision.s cont.lined in this ~l3rital Settlement Agreement are in all respects
lIcceplable to them, being fair, lIdequ;1te, and reasonable under the circumstances, and
that accordingly, they consent 10 all the provisions hereof.
5, eF.:RSONAI. ~ROPERTY A:iO WTS OF 1m: P.\I.HlES
The parties hereby declare that all issues regarding equitable dislribution
have previously been resolved and that any property held by either party is now
considered to be his or her sole property. The partil!5 have also resolved any iiiues
regarding marital debts, an,1 any Jebts held by l!ither of lhe parties ill his or her
~peetjve name is considered his or her individual and sole respoNibility,
3
6.~
Husband agrees to pay wife alimony in the amount of $141.00 per month,
commencing October 1,1997, and cuntinuing through the last paymenl on September I,
2000, Thereafter, any spousal support or alimony obligation between husband and wife
shall forever cease and be terminaled, This amount is non modifiable, such that whether
or nOlthe circumstanc~ of husband or wife should change in the future, the alimony will
remoin at this amount. Payments will conlinue to be lrulde through the Cumberland
County Dom~tic Relations Officl'.
Wherefore, the parti~ respectfully request that an order be entered reflecting the
above Il'rms.
7. N
The parti~ agree Ih.:1I in the event of absolute divorce between them. they
shall nonethel~s continue to be bounu by all the lerms of this Manlal Seulement
Agreemenl, and neither this Mantal Selllement Agreement, nor Ihe lerms hereof, shall be
deemed to have been merged in any uecree or judgmenl granted in the divorce action, 001
shallllurvivl' and be forever binding upon the parries.
"
8, EXECUTlQN OF DOCUMENIS
Each of the parties shall, from time to time at the request of each other,
execute, acknowledge and deliver to the other party any and all further instruments that
may reasonably be required in order to give full force and effecI to the provisions of this
Marital Selllement Agreement,
9, ATIORNUiEES, COURT COSTS
Each party hereto agrees that he or she shall individually be responsible for
any and all counsel fees and expenses incurred by him or her in connection wilh the
preparalion of this Marilal Selllement Agreement and the divorce between the parties.
10. YQlP CLAUSf;S
If any term, condition, clause or provision of this Agreement shall be
delermined or declared to be v?id or invalid in law or olherwise, then only Ihal term,
condition, clause or provision shall be stricken from this Agreement, and in all other
respects Ihis Ap-eement shall be valid and continue in full force, effect and operation.
ll,~
Except 3:1\ provided for in this l\tarilal SeUlelllt.'nl Agreemenl, the parties
hereby remise, relea~, quil-c1aim and forevl'r discharge each other and the estale of each
other, for all time to come, and for all purposes whatsoever, from any and every claim,
ineludi"l alimony, alimony pendente lite, equitable distribulion of marital property,
'~'JU,.....1 fl!'tMl Of CO$t$ under the Divorce Reform Act or spolI:I\al support, or otherwi..., thaI
5
they make or hereafter make in and to or against each other's estates or any pans thereof,
whether by way or dower or curtesy, or under the intestale Jaws, or the right to take or
elect against the other's will, except only such rights as accrue pursuant to this Marital
Settlement Agreement,
12.~
The failure of either party 10 insist in anyone or more instances upon the
strict performance of any of the terms hereof shall nol be conslrued as a waiver or
relinquishment of such term or lerms in the future.
13.~
The parties agree thaI this Marital Seulemenl Agreement or any part or parts
hereof may be enforced in any court of compelent jurisdiction.
14,
N
The parties hereto agree thiu this Marital SettJemenl Ajp-eemenl shall be
construed under the laws of the Commonwealth of Pennsylvania, and shall bind the
parties herelo, and their respeclive heirs, execulors and assips. This document thall be
executed as original in mulliple copies.
6
\
15.
The parties acknowledge and agree that this Marilal Settlement Agreement
contains the entire understanding of the parties and supersedes any prior agreement
between them, There are no other representations, warranties. promises. covenants or
underslandings between the parties other than those expressly set forth herein,
16. ~CORP.QJtATION Jl'ilUOGM.El'lT fOR OlVOll!&
In the event that either Husband or Wire at any lime hereafter obtain a
divorce in the aClion for divorce presently pending between them. or otherwise, this
Marital Settlement Agreement and all of its provisions shall be incorporated into any such
judgment for divorce, either directly or by reference, The court, on entry of judgmenl for
divorce shall retain the right to enforce the provisioM and Ihe tenns of this Marital
Settlement Agreement.
IN WITNESS WHEREOF. the partie:; herelo have sel their hand5 and seals as
of the day and year lirsl above written,
-0;:1 /~
~ .,/ A YlifTq
STEVEN [, DETtUNG ..J
-1~} wJ.l.~
Tom WiIliama, Esq,
Cooftsel for Barbara A, Dettling
;'
Samuel W. ~ tlkes
Cllun."..1 for Stev..n E. Delllill;
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