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HomeMy WebLinkAbout96-05029 .t"- .. ~ ~ ~ t- . ... \J' ., <:) "l 1 t 1 , ( 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 ! l..,. . \:' ./......-. -..'"-cit ~i~o~'t"tl~ ~ rl ~ ~ ~ ~ , . '" \ri ~ " ..... to cf ~ ~ L,! ' f; . t~. .....t " C t. It ~ { 1 . ' ,... l.-- " ,~ 1 ,- I ...) " ~ ,- Gl (, c" , " ,.. .. -- t;,' ,'. (., , r-- ....' .~ - . -, 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 rr. In I l" ~ c.'l .2. I, ' ...., . 9: (.1' .. L. :-J I .... , , i :.... ) " c; .- , c- . (.) . . ... ~ ~ r tr. "..4 .?~ ,~ .. '~ iN ~)~ t, x: . .;~ :,~ r a... (' t.n ~ <:n ~". ,~ I '..lotI '.. G:l ~ \'-~ I ,. ,~,'Il- .... s: ;,; 0 ~ a ... . . () 3. () 4. 0 5. 0 6. 0 7. () 8. () 9. () 10. () 11. 0 12. () 13. 0 14. 0 15. () 16. () 17. () 18. () 19. () 20. () 21- () 22- () 23. () 24. () 25. () 26. J..IADJ.l.lIIiS m.Bm . 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. --- ,- l~. ('. " ll' ,~ L~ . 1'__ " L' ,,",I , " c ( I ,. J (.., ; ~ . I r- .- '- ~- J () 3. () 4. () 5. () 6. () 7. ( ) 8. ( ) 9. () 10. () 11. () l2. () l3. () 14. ( ) 15. () l6. () 17. ( ) 18. () 19. ( ) 20. ( ) 2l. () 22. () 23. ( ) 24. () 25. () 26. 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. (;~ 1::1 ..' f" . ~ '- J.U' 1. .~~ fF' ~ , ..'~ ~; 'c. ::.'i ,..... , J .... "'. . _J f: :J t..' f _.. !~ W. ,. t:; .... ~ a1 0 >- rJ - !! t;-; f ~., :,'"., '" '..... LU' - ~1~- j I ....... t.,- C' ....,.: : . . . L" c. . ....I _.J, :.J ..... (.. ;:a.. -<. .. - ! \...' ~~ ~) " .. rn.fsll^T^F1I.E'~it:Nl.....,.,.\.tIl2"'PI: I ,'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'....' "'_ .... en 1'- I:: t- '. < lll' t,....,; :',- ( ,. f~ , , .. ;:~ (" . , . t- , c: - l ,,, ,,:,';'" L.... "u r ,"", -~ ...... .' <- .' c;. t;,r -.J 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; 7 f;: t:" ;.-.-, t!-'~ ' \) " ~:: \ ~ ~ c: 5 .", , .~ - , " '. n ...::; , .., N .-:' cuJ u.: :1- 4- .;.,,, m ,~) 0'\ ..) '.' ,. ",' j '1 ~ j 11 .) _ 3 1 ~i .a ~ c 0.