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HomeMy WebLinkAbout96-05703 ~ ., 1 \. ~ " ft .\J 1.l: \. .. '" . .. . .u 'k: .' - ',; ";:'ff :~,:- ~? .,~;jl,. , _J ,.'~ ~ ',~ .! .'~ .~}~ -"~~-:'~~ :::~ ;.,,~ ~:~f~ ,i~i~ I I .;:~'-~ d. ":..<;,:;, ~ ~ " ~~,~..........~~----~'~ .~.;. .:.:' .:.;- .~.:. .~.:. .:.:. .;.. -. --- .-'- ~ !i1i I.., ,~ *~***~*~-~.~~~*******~.~."~"~ ,;, ~! ~, ,;" <" i ~( .'i ~\ -'/ Itl ~l "I "I ~! M' ~ jf 8 . " >>: >>: ..' -.: . \ ~" Vi -"I ,;" .,J ~l Ili '1 M~ ., . i ~~ ./ ~, , "01 II' ./ ~l a' . , ,'oJ ~; ~.; ~\ ~ . . . , ~ ~ ~ ~ ... ~: ~. ~' 8i . _.~---..~ ~"_...-.~ ~.-.-" ~_., ._--'-'.....~-, IN THE COURT OF COMMON PLEAS OF CUMBERLAND STATE OF ~~~ \ ....~~ -, COUNTY PENNA. DAVID STUART FIESELER. :\11. 96-5703 \\'r~ij ..;, LAURIE ARN fIESELER. DECREE IN DIVORCE AND NOW, I~tt u ,>; 1 z. 'i decreed that David Stuart and. . La~rle Ann Fiese.ler, ore divorced from the bonds of matrimony. Q9 ~ '~".( it is ordered and Fieseler . plaintiff, defendant, Tha court retains jurisdiction of the following claims which have been raised of record in this acllon for which 0 finol order hos not yet been entered; The Harriage Settlement Agreement between toe parties shall be incorporated but shall not merge with tbe final Decree in Divorce. 1:" 1" h ~ (' '-' " f , . .""'llt: ,~, . ~ ,. ....1 " _.' ... ' J (,~ryl""th""""'" II \ (~ ;~ { , i~ }",' la l~ l~ 1: )~ I. )~ ) ,. !.'o :~ ) ;a ! : I~ iK i I~ ~ ,8 !~ '.~ ~ ~ .~ ~ ~ ~ iIi ~ ~ ~ ~ ~ . ~ . ,~ . . . ~: .. :<< ~: .. ~, :. ... . . . . -. ." . :.- .. _.- -. .. ;. . .' MARRIAGE SETTLEMENT AGREEMENT By and between ,,-- LAURIE ANN FIESELER - AND- DAVID STUART FIESELER Dated: --L:J J. Ii' , . ,- l zt"(.1 . i883 I. Divorce and Senaration. The parties agree to the entry of a decree in divoree pursuant to Section 3301(c) of the Divorce Code of 1980. lIusband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit. free from any control, restraint. or interferencc whatsoever by thc other. Neithcr party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of thc cause leading to their living apart. A reconciliation will not void the provisions of this Agreement. 1. pivision of ProMm. lIusband and Wife agree that the following constitutes an equitable distribution of the marital property: A. The following shall beconie the sole and exclush'e property of Husband: I. Husband shall retain any pension plans and/or retirement plans and/or employee stocks or sa\'ings plans. and/or 40 I K plans and/or any and all other employment benefits. which he has accumulated during the course of his pI.,t or ~t employment. B. The following shall be\:ome the sole and exclusi\'C property of Wife: I. Wife shall main any pension plans and/or retirement plans and'or empk'yee st.lCh .... !Ia\ iogs plans. and'.... "01 K plans and\... .. any and all other employment benefits. which she has accumulated during the course of her past or present employment. C. All personal property in the possession of each party as of the date of execution of this Agreement shall remain the sole and separate property of each party respectively. D. The parties acknowledge that they have each made to the other a full accounting of their respective assets. estate. liabilities, and other sources of income and based thereon they mutually agree that the property listed above constitutes the entire marital property. 3. Non-Marital Prooertv. The parties acknowledge that Husband is the olltner of real estate located at 101 South George Street. Mechanicsburg. Pennsylvania 17055. and that said real estate constitutes non-marital property as it was acquired post-separation. The parties agree that Wife wail'es any and all right, title. and interest in said property and agrees to sign a Quit Claim Deed upon demand of Husband. The parties further acknowledge that Husband is the owner of a 1998 Volkswagen Beetle. 1998 Nissan Pathfinder. 1970 Volkswagen Beetle. 1990 Pontiac Grand-Am. and co-owner of a 1998 !'on! Expedition. all (If which constitute non-marital property. as thty were acquired post-separation. Wife hereby wlives any and all riaflt. title. and interest to said automobiles. ... JIlCeIH 'l.:IJ.bier Rtf.nu. The panics hne heretofore tiled joint federa1 and state 11., mums. 1Joth panics aarce that in the C\~t any defICiency in federal state or local income tax is pn;plSCd. or any lIS!ICSSIIlCl\t of any such 11., is made 5 against either of them, each will indemnify and hold hannless the other from and against any loss or liability for any such tax deficiency or assessment and any interest. penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 5. Execution of Additional Documents. The parties agree to each sign Affidavits of Consent upon the expiration of ninety (90) days following the filing and service of the Divorce Complaint. The parties agree to execute any deeds. assignments. titlcs or other instruments necessary and appropriate to accomplish the aforesaid division of propeny. 6. Tnnsfen Sublect to Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may sutTer or may be required to pay on account of such lien or encumbrance. 7. ComDJete Wnll! of frooem. The parties represent and \\--arrant to each other that the property described in this Agreement represents ail of the property in \\-f1ich they ha,'C any right. title and interest. and that such property is subject to no mort... pled&e. lien. security interest. encumbrance or chaJJe except those \\-hich are disclosed herdn. (\ 8. Eouitab1e Distribution of ProDertv. By this Agreement, the parties have intended to effect an equitable distribution of their jointly owned property. The parties have determined that an equitable division of such property conforms to ajust and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers of property herein as non-taxable. 9. ReliDouisbment of Ownenblp. Except as provided herein. Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife fOI'C\'er relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 10. After-AtQul~ ProDtrtv. Each of the panies shall hereafter own and enjoy independently ofany claim or right of the other, all items ofpropeny, be they real, penonal or mixed, tangible or intangible. which are hereafter acquired by him or her. with full power in him or her to dispose of the same as fully and effecth-ely, in all rap<<ts and for all purposes as though he or she were unmarried. II. J.lddI. A. Husband and Wife agree to be responsible for the joint debts of the pIl'ties IS follows: none B. All debts. rontrIcU. obIiptions or liabilities iDl:Ulftd at any time in the put Of future by dther pIl'1y ~iIl be paid promptly by said party. IIIIIns and 7 except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises. covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estale indemnified and save harmless from all debts or liabilities incurred by him or her. as the case may be. and from all actions. claims and demands whatsoever with respect thereto. and from all coslS. legal or otherwise. and counsel fees whatsoever pertaining 10 such actions. claims and demands. Neither party shall. as of the dale of this Agreement. contract nor incur any debt or liability for which the other or his or her properlY may be responsible. and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses. legal costs. and counsel fees unless provided to the contrarY herein. 11. 81DmDtcv or Reol'l!lnizatioD procetdiDUo In the event that either partY beCOmes a debtor in any bankruPtcy or financial reorganization p",,"dings of any kind while any obligations remain to be performed by that partY for the benefit of the other partY pursuant to the pro,isions of this Agreement. the debtor spouse hereby wah'e5. releases and relinquishes any right to claim any exemption (whether granted under Stale or Federall.w) to any properlY remaining in the debtor as · defense to any claim made pursuant hereto by the creditor-spouse III set forth herein. includina all attOn\CY fees and costs incurred in the eofOl<<ffitDt of this parqraph or any other pro,isioft of this AlI'temeot. No obIipUon created by this AjlWl\Cftlsbll1 be discbatpd or dischlflclble. regardless ofFtderaI or State law to the .......ary. and each plII'tY ~'.h'e5 any and all ripl to .ssm that any obIipUon \tcreUIIdct' is diIC~ Of ~. . The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 13. Alimonv. The parties mutually agree to forego or waive any right to alimony, alimony pendente lite. and spousal support. 14. Full Disclosure. The respective parties do hereby warrant. represent and declare that he and she have made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest and any further enumeration or statement thereof in this Agreement is specifically waived. Each party agrees that he or she shall not at any future time raise such a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure that may have been fraudulently withheld. 15. ~,kasn. Each party does hereby remise. release. quitclaim and forever discharge the other and the estale of the other from any and every claim that each other may now have. or hereafter ha\'e or can have at any time, against the other. or in and to or against the other's estate. or any part thereof. whether arising oUl of any former contracts. enpgements or liabilities oCtile other. or by way of dower or claim in the nature of dower, widow's rights. or under the intestate laws. or the right to take against each other's will. or for support or maintet\lW.'e. or of any other nature \\hatSOC\'U. except any ri&htJ IC<<uina IIftdcr tbls Apnw:nl or as otherwise stated in this AJtccmcnt. q 16. Indemnification. Each party reprcsents and warrants to thc othcr that he or she has not incurred any dcbt, obligation. or othcr liability, other than described in this Agreement. on which the other party is or may be Iiablc. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations. liability, act or omission of such party, such party will at his or her sole expense, defcnd the other against any such claim or demand. whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damalles as resulting therefrom. Damages as used herein shall include any claim. action. demand. loss. cost. expense. penalty, and other damage. including withoUllimitation. counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforeing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement. any breach of the warranties made by Husband or Wife to the other in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations 10 be performed by' such party hereunder. The Husband or Wife agrees to gh'e the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for I claim tbr indemnity pursuant to the terms of this Aarcement 17. ~ This Agrtanent constitutes the CIItire undmtandina of the parties IIld supenedn any IIld all prior ..cements IIld nqotiations t.etWttn thtm. There are no representations 01' wamnlks Ilther than those expressly set forth herein. 10 18. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advise from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge. and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 19. Jlrneh. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement. the other party shall ha\"C: the right. at his or her election, to sue for damages for breach thereof. 10 sue for specific performance, or to seek any other legal remedies as ma)' be available. and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-dcfaultina party's anorney in any action or proceeding 10 compel performance hereunder. 1G. IlukJlsB!ltaI Satantt Con.uts. It is specifK:al1y Wlokri5looJ and aarmI by and bet\lfttl the parties hereto that each pII'ltII'Iph hereof shall be dic~..td ttl be . scpnte and independent Acrcc:nlCnl. II 21. Void Clauses. Ifany term, condition. clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise. then only that term, condition, clause or provision shall be stricken from this Agreement und in all other respects this Agreement shall be valid and continue in full force, effect and operation. 22. Execution or Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out Ihe provisions of this Agreement. 23. ADnlieable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 24. Non-MeNer. This Agreement shall not me11C with any subsequent decree in divorce between the parties but shall SUf\'h'C: suc:h decree and be entirely independent thereof. This Agreement shall be incorporated for the purposn of enforcement only into any Decree in Divorce which may be enlered with respect 10 lhe parties, but shall not be deemed to have been merged with such Dc\,'Tel:. 25. W I:.:h party undmtands that he or she has the right to obtain from the other part)' a romplcte Inventory or list of all propc:rty that either or both parties own at this time or ~'Ded III of lhe dale of sepualion. and that cadi part}. has the riahlto ha'1: all ~h rnlf'eT1Y. \.alllI.'\I by means of appraisals or otherwise, Both parties undcntllDd thall~ haw the riJht ," hne c:ourt held heariap and make decisions on !tilt malklS nw~ ." tNlI Apccm,'nt 12 Both parties understand that a court decision conccming thc partics' respective rights and obligations might be different from the provisions of this Agrccment. Each party acknowledges that this Agreemcnt is fair and cquitablc, that it adequately provides for his or her needs and is in his or her best intcrcsts. and that thc Agreement is not the result of any fraud. duress. or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an Income and Expense Statement of the other party as provide by the Penns)'lvania Divorce Code. c. The right to have property identified and appraised. d. The right to disco,'ery as provided by the Pennsylvania Rules of Ci,'il Procedure. e. The right to ha\'e the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court detennines to be marital. and to set aside to a party that property which the Court determines to be that party' 5 non- marital property. r. The right to have the Court decide any other rights. remedies. prh'ileges. or obligations CO\ered by this Agreement and/or arising out of the marital relationship. including but not limited to possible claims for di\'OTCC. child or spousal support. alimony. alimony' pendente lite. u , . COMMONWEALTH OF PENNSYLVANIA COUNTY OF tttmbPltuJ 0.*' ~ ^..,. .~I 2.0011 On this ~ day of~,~. before me Subscriber, a Notary Public, for the Commonwealth of Pennsylvania, carne Laurie Ann Fieseler. known to me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement Agreement. SS: ~11U1 UNaH\ ~ J....~ Laurie AM Fieseler Witness my hand and Notarial seal. the day and year aforesaid. I'ba"'" Seal DcIy M ....,.,,.. .~"V PItic ScuhMltlelrl ~ ."", "''''''0"",,, My CorTfT'I5$<,1 ",~",>-" ~'''~'' hj Merrtler.'~"; 1 ;~.~-~~;l:~(:~ ~ otary My CommIssion Expires: COMMONWEAL rn OF PENNSYLVANIA COUNTY OF Jl:u~~ft'lnlll SS: . )(\('1" On this fl day of J" "" (.'ot . ~. before me Subscriber, a Notary Public, for the Commonwealth of Pe y"'ania. came David Stuart Fieseler. known to me or satisfactorily pro''eD to be the Husband in the aforegoing Marria&e Settlement Agreement. ~- . "'..>s-'''''' / -. ;/ e-" ~ .:J.. "'_ . David Stuart Fieseler ~ Witness my hand and Notarial seal. the day and year aforesaid. ~'_.'''J ?It.... V~i~,~ ~.t A", Cl~'~'",l"; ,,"'Y, ""!'" Co. tl"","-"" 'd''''''\ v...'Y ..,'" ,..}f~ C:~Il'<~jt\ t ,t~'.~:.:~~..:.~~ . - .,....... (!<\."'-~ a.. .~ Notary PuNic . My {'ommissilln E.'J1irts: H 5. Complete either (a) or (b). (a) Date and manner of service of Notice oflntention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: January 16, 2004. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: January 16.2004. 6. Social Security Numbers: (a) Plaintiff: 166-54-2334 (b) Defendant: 204-48-7742 . I J~O /C~ --- ,.,----'};!. -"'-'''" ~ ~~ ~ -- ,". -,'''-, ", ~ _"'_--c"-,' .J- ,;-~:;,-,/'~--'., ';l~~r~ '. .:.<'.c..~~i. - -..."" . .. '. ",""cot " w~:,~:~\~ · .~,.l . ~ l<_...""",",,,,~- ,'~ U"::,,..\li-, ~ ';,0'..- (t1.. 0 ~;~~~: ~i(-~~'/~;\-;-(::; - - ~ ~ "'", .;~ , ,~:. -':.i , \' ... ...,' ~ 8;; I ~ j Z ~ ..:J .' =- g. ~. . ~'~"'\O .~ IV) ....... 1.1Io. ~ N ~ ~ ..~~ . , . II 8ItllQl A aUSHOLD A",_..n" ,,\ lAW .\lIUlto', "'IlU' ""ll'''M tltl, 1't"~"'H""'I" Iltll ." ,.M<l'" ''''11U._ ~,'. , > ,'- ~;;-1j '<~'.~~!:\ 'c .I;';i , a~l- "i~s!.tc <!I~<'< .E~ E;: - u_ -~--- ~-::::;:--:-i'~:--~--- ----------~ - ~ ~ sr -;~ ~ u.~ . , . ." . v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. DAVID STUART FIESELER, Plaintiff LAURIE ANN FIESELER, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Couet. 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 marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013. 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 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 One Courthouse Square CarliSle, Pennsylvania 17013-3387 Telephone; (717) 240-6200 8. The ground for divorce is: The marriage is irretrievably broken. 9. Plaintiff and Defendant have three children under the age of eighteen. 10. Plaintiff has been advised of the availability of marriage counseling and understands that he may request that his spouse and he participate in counseling. 11 . Plaintiff does not request that the Court require that his spouse and he participate in counseling prior to a divorce decree being handed down by this Court. COUNT I - CHILD CUSTODY 12. Paragraphs one through eleven are incorporated by reference herein. 15. The subject mi nor children are: Michele Sarah Fieseler, born October 24, 1984, Shaun Patrick Fieseler, born November 13, 1986, and Ashley Marie Fieseler, born July 22, 1988. 14. The relationship of the Plaintiff to the subject minor children is that of natural father. 15. The relationship of the Defendant to the subject ainor children is that of natural mother. 16. the subject minor children, have resided with the following individuals at the following locations: A F F I D A V I T I, _[)cll/ia. 5 F,'e5f'/~I-, hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa..e.S. 4g04 relating to unsworn falsification to authorities. Dated: /0 Jq/q& , , h~;.r2 - --- ~. ,~{. - . ......., - "''''''''''''-..'..- ';;- -, .~ :- :>- ~ , o ,. ') *, ; ~ . . , ..1 tL . '.-, (>.; ~' '''J i: ..~ ..<. :;2 ~ .II c.'~ ',) DA VID STUART fIESELER. Plaintiff : IN THE COURT Of COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 96-5703 LAURIE ANN fIESELER. Defendant : CIVIL ACTION - LA W : IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 23. 1996. . 2. The marriage of the Plaintiff and Defendant is irretrie''llbly broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after senice of notice of intention to request entry of the decree. 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 falsifications to authorities. Date: ---1.!:f J " . C' \./ 1.~, ..J .. ,- , I", "___~_, "'~ -"';'(..'.. ~ Da,'id ~tuart fieseler \. I ~~ CO ,..../ )1'.: /~ ...., -, t, ..Ji(. c:...r. DAVID STUART FIESELER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 96-5703 LAURIE ANN FIESELER. : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE .. I. I consent to the entry of a final Decree in Divorce without notice 2. I understand that I may lose rights concerning alimony. division of property,law)'er's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I \\ill 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 tiled \\ith the Prothonotary. I \erify 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 PaC.S. Section 4904 relating to unsworn falsification to authorities. Date: '-f -.J , I.. f i '.' f..-' ,,~ ~ _ 'r.>.... [)a,id Stual1 FineIer ,'" I f,I".~, _,1;._.. ~ _ ~""'j. .. j. ,_1........-; \ - - <<n d - "- .. . UJ~~' - (.71 ,-;: :,. - ~ C_ ':i~ ro':' Viol '-.0 6L~ - ':j'" :;~ -IU ",-0;: .-:r. fC.' .. "lo. ., Cc.:>;\ t-' C-~ ,-... ~ , ...., U ... ., j,. .. .,...,. . DAVID STUART FIESELER. : IN TIlE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA v. : No. 96-5703 LAURIE ANN FIESELER, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE . I. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights cooceming alimony, division of property, lawyer's fees or expenses if I do not claim 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 that a 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 corm:t. I understand that false staternent~ herein are made subject to tht- penalties of 18 Pa.C.S. Section 4904 Rlatini to unsworn falsiftcalion to authorities. Date: ,- V -O~ ~.(I'Ll ILwn ~d<<'- laric AM Ficseler ',- (1\ ~ ~- , " - . (,l.. ,~) '1,,:') .--. w.1 I.... 't!! ... . . ;.= ...:..; t', ."" .) :_,,~ {"'"'"_'J ,..., ~J c".- ~I .1 i!..; ~i ...... . ' MI '1 ." ~( WI ':'1 ~l lE' .'/ . i M; 'I ~l . ) ~l ~~ ~l " .;,,1 ~i ~j . , ..i ~( ~j I ~. *, .:. ~; ~; ....1 81 I a! 'I 8: ./ ~i Ki ~i ,I 81 . i ~I ~l :1 ~l Il' , It, *: . . . '.. << _~..__._~~._....~_ ~""-- '___'" ___.....~___._r".-~........-.... ~~~_.~-~ -~.- IN THE COURT OF COMMON PLEAS OF CUMBERLAND 1'5' STATE OF ~~ COUNTY PENNA. DAVID STUART FIESELER, :\ II. 96...5703 \".'1""11., LAURIE ANN fIESELER, DECREE IN DIVORCE AND NOW, 19 it is ordered and decreed that, . , . Di1Yt~ StQut .Ftl!seler and, . .l-llllrte .Ann F,lelll!ler are divorced from the bonds of matrimony. . .. .., plaintiff, " defendant, The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered: The Marriage Settlement Agreelllent between thepart.iessbaUbe incorporated but shall not merge with the final Decree lnPlvorce. n. 1.... ('.... t., , All..'" rr~th.-"tw,t..", ?~ , , 1* ~ .;. ~ .' ~ .. " 8 ~ ~ ~ !~ !~ l8 i" '" l'~ ,* M . . , . ~ 8 ,;, " ~ ~ 8 ~ ~ J. '~ ~ 1I !Ii !! II !i ~ ~ lI\ " ~ . . . -. ._ .. * . .- w s ., ~ -.. . - .-. ~ . ~ '. ~ ~ . ~ WHEREFORE, Plaintiff, David stuart Fieseler, hereby requests this Honorable Court appoint a Guardian Ad Litem to represent the interests of the Defendant in this divorce matter. Date: JJd1Jq~ Respectfully Submitted, THE LAW OFFICES OF SILLIKER & REIN ~ - is in' . Re' nhold, Esquire 592 Linglestown Road Harrisburg, PA 17112 (717) 233-1000 I. D. No. 57911 Attorney for Plaintiff Date: 3/2-1-1'1'/ Respectfully Submitted, THE LAW OFFICES OF FLOWER, MORGENTHAL, FLOWER & LINDSAY ca&:f~~~~Es~ire 11 East High Street Carlisle, PA 17013-3016 (717) 243-5513 LD. No. 1N(,; 13 Attorney tor Detendant DAVID STUART FIESELER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 96 - 5703 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE VB. LAURIE ANN FIESELER, Defendant PRAECIPE TO PROCEEQ l!:LFORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow LAURIE ANN FIESELER, Defendant, to proceed in forma pauperis. I, Carol J. Lindsay, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. The party's Affidavit showing inability to pay the costs of litigation is attached hereto. I I 1 I I I FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C. Attorneys for Defendant/Petitioner " By: roI J Lindsay 10#44 93 11 East High Street Carlisle, PA 17013 (117) 243-5513 --.-' " Ii ')...- ii Date: ~t. It I Iqq~ II d Ii ,j , " II II /; " :j d " Ii h '" 'I' I Ii Ii divorce - fleseler - affldavil supporting pelition December 8, 1998 DAVID STUART FIESELER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VB. NO 96 - 5703 CIVIL TERM CIVIL ACTION - LAW LAURIE ANN FIESELER, Defendant IN DIVORCE AFFIDAVIT SUPPORTING ~E'l:IIION FOR LEAVE TO PROCEED IN FORMA PAUPERIS '\:)o.z' <:.' ,(\(~. ,\ 1. I am the Pldlllllrr in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: I I' II Ii I' ~ I, il II :! !I (a) Name: LAURIE ANN FIESElER Address: HARRISBURG STATE HOSPITAL Social Security No.: (b) Employment NONE If you are presenUy employed, state Employer: Address: Salary or wages per month: Type of work: If you are presenUy unemployed, state Date of last employment: Salary or wages per month: Type of work: (e) Other incorlle within the past twelve months Business or profession: Other self-employment: Interest: Dividends: Pension and annuitieS: SodaI Security benefits: Support payments: $46.00 PER WEEK Disability payments: Unemployment compensation and supplemental benefits ;; \, divorce - fleseler - aflldavil8upportlng petition December 8, 1998 Workman's compensation: Public Assistance: Other: (d) Other contributions to household support; NONE (Wife) (Husband) Name: If your (wife) (husband) is employed, state Employer: Salary or wages per month: Type of work: Contributions from children: Contributions from parents: Other contributions: (e) Property owned: UNKNOWN AT THIS TIME, BUT ESTIMATED TO BE DE MINIMIS. DISCOVERY COMMENCING t II 'I I, I , !I I ,I , I I I , I! Cash: Checking account Savings account: Certificates of Deposit Real estate (including home): Motor vehicle: Make, Year- Cost Inoperable motor vehicles: Stocks. Bonds: Other: (f) Debts and obligations . Mortgage: Rent: Loans: Other: (g) Persons dependent upon you for support: NONE (Wife) (Husband) Name: Childnln, if any: Name: Age: . 199 AUTOMOBILE Other pet'IClDS: Name: Relationship: 4. I understand that I have . continuing obllgalion to inform the court d improvement in my flnn:iaI cirtumItanceS wtlich would permit me to pay the costs Incumld herein. ;f ~ ~ I, ~ , Date ~ !! f1 5 I vet'Iy that the stalemerlts I11lIde in this allidavit ere true and COITKl II.Wldefstand that ,.... statements herein arel11llde subject to the penalties of 18Pa.C.S 4904, relating 10 unsworn falsificalion to authOrities. . \ ~... . -, ~ . ,\... \. . , -"->\..... .,.'.'. . . .... . ~ . lllUtllt Ann F ......, divorce - rlElseler - entry of appearance October 12. 1996 VB. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 96 - 5703 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DAVID STUART FIESELER, Plaintiff LAURIE ANN FIESELER, Defendant 1. Admitted. 2. Admitted that the Defendant is Laurie Ann Fieseler. Her present address is the Harrisburg State Hospital. 3. -18. Admitted. 19. Defendant believes, and therefore avers, that she will be improved so that she can best meet the needs of the parties' children. 20. Denied. COUNTER-CLAIM 21. The answers to Paragraphs 1 - 20 are incorporated herein by reference. 22. In the course of their marriage, the parties acquired certain property, both real and personal. 23. Defendant is without the ability to support herself presently and subsequenl to the entry of a Decree in Divorce, WHEREFORE, Defendant prays this Honorable Court to equitably divide the parties' property and to ooIer Plaintiff to pay alimony sufficient to meet Defendant's reasonable needs. FLOWER, MORGENlliAL FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: i "Carol J. r ." t/ 10#44 11 East Car1isle, P 17013 (717) 243-5513 .:;J tJ '-..J ..... ...... ..::J rt "t / ..J - ~ ~ . "I ~ ~ , - 1.'. - ~ I'! ~ , J {'. 0 ':;S " ~-. . . , ~ ~ , .4J "l>,.. \:J r.L " .. PJ I ! I .. .1 II fftl! fil!e~ I . I = ol . · II lit! I da ~ ~ . " . ., . ' ;". . .. , .. y-.. ,-.... ~ - ii,... , t~ ;991 ,,) . j . DAVID STUART FIESELER, . IN THE COURT OF ~ PLEAS OF . Plaintiff . CUMBERLAND COONTY, PENNSYLVANIA . . . va. . NO. 96-5703 CIVIL TERM . . . LAURIE ANN FIESELER, : CIVIL ACTION - LAW Defendant . IN CUSTODY . QUER (P <nRr AlII> tuf, this ~ day of ~ ,: l upon consideration of the attached CUstody Con liation ordered and directed as follows: , 1997, Report, it ia 1. 'l'he prior Order of this Court dated January 21, 1997 is vacated and replaced by this Order with the exception of paragraph 1 which vacated in part a prior Order dated Noveai:ler 22, 1996. 2. 'nle Mother, Laurie Ann Fieseler, and the Father, David Stuart Fieseler, shall share legal custody of Michele Sara Fieseler, born October 24, 1984, Shaun Patrick Fieseler, born Noventler 13, 1986 and Ashley Marie Fieseler, born July 22, 1988, to the extent that, durin;! the Mother's current hospitalization, the Father shall share all information on a timely basis with the Mother which pertains to any ma jOl' decisiOllll to be llIlIde concernin;! the O1ildren. 'l'he Father shall consult with the Mother in makin;! any such major decisiOllll and obtain the Mother's opiniOllll and preferences. However, if the parties are unable to agree in maltin;! major medical, religious, educational and other decisiOllll affecting the best interests of the Olild or Olildren, the Father's decision shall prevail. Upon the Mother's release fran her current hospitalization the parties shall fully share legal custody of the Olildren with both partie. having equal decision making rights and responsibilities. 3. 'l'he Father shall have pcimary physical custody of the Olildren. 4. The Mother llhall have partial custody of the Olildren every weekend on the day on which the Father doH not work, fran 1:00 p.lIt. until 3:00 p.m. Ctl oceaaion, loItlen the Father has planned all day ~ivit1.. fOl' the Qdldren on his weekend day off, the Father may reechedule the I'bthet"'s weekend period of custody to a weekday fOl' a lIlini_ of 2 houcs upon providing :M houcs notiClt to the Mother. 5. '1'he Father, Ol' a reeponaible third party rotually agrHd upon by the parties, llhall pc'ovide transportatton foe the Mother'. perioda of ~- I..... .,' .~.....- c' .. I . ~,.,.. , l;' c I: "'c "_f , ' . , .;, \/ ".... ~ . .i.....,.'..., ',j partial custody with the Children. 6. The parties shall share or alternate custody of the Children on holidays as follows: A. Olristmas/Thanksgiving - The parties shall share custody of the Children on Thanksgiving Day and Christmas Day at times to be arranged by IIIJtual agreement of the parties with the Mother to have at least a two hour period of custody with the Olildren. B. Alternating Holidays - The parties shall alternate custody of the Children on Memorial Day, July 4th, Labor Day, New Years Day and Easter, begiMing with the Mother having a period of custody with the Children on MemOrial Day 1997. The specific times for periods of custody under this provision shall be arranged by mutual agreement of the parties with the Mother having at least a two hour period of custody on her alternating holidays. C. Mother's Day - The Mother shall have custody of the Children on Mother's Day for a period of at least two hours, at times to be arranged by IlUtual agreement of the parties. 7. The regular partial custody schedule and the holiday custody schedule are based upon the Mother's present health situation and current hospitalization. The parties agree that as the Mother's health iq>roves, the Mother shall have expanded periods of time with the Children under both the regular and holiday schedule and the Father shall not unreasonably withhold the Children f['(lll her. B. The Father shall enter the parties' daughter, Michele Sara Fieseler, into individual counseling immediately upon entry of this Order to addreas the Olild's ongoing issues in her relationship with the Mother. The Father shall follow any and all r........llo:ildations of the Child's counselor and shall make that information available to the Mother regularly and in a timely maMer. 9. The Father shall cooperate with the recatll.ooations of the counselors at the Helen H. Stevens Center and the Children's school with regard to the Children's needs and the Father's participation in the counseling pcocess. 10. The parties shall notify each other immediately of all _rgency medical care that the Children receive in that party's care. 11. Neither party shall do anything which NY eetrange the Children f['(lll the other parent. injunt the opinion of the Children as to the other parent ex haaper the free and natural ~velopnent of the Children'a love and respect fex the other parent. 12. This Order is entered pursuant to an A9~t of the parties DAVID STUART FIESELER, . IN THE CXlURT OF <:xxolfoIOO PLEAS OF . Plaintiff : aJMBERLANO COUNTY, PENNSYLVANIA . . vs. . NO. 96-5703 CIVIL TERM . . . LAURIE ANN FIESELER, : CIVIL ACTION - LAW Defendant : IN CUSIOOY I'lUQl JlIlGB: J. Neeley Oler ammy <XH::ILIATION SlJIIlARr ~ IN AlXX1lDANCB NIm aJmBRLAND aumr RIJLB ~ CIVIL Pw.w.... UCIS 1915.3-8, the undersigned CUatody Conciliator autmits the following report: 1. The pertinent information concemill1 the Olildren who are the subjects of this litigation is as follows: twIB DM'B ~ BIRl'H aRU!N1'LY III Chnun ~ Michele Sara Fieaeler Shaun Patrick Fieaeler Aahley Marie Fieaeler October 24, 1984 Noventler 13, 1986 July 22, 1988 Plaintiff/Father Plaintiff/Father Plaintiff/Father 2. A second Conciliation ConfeC'PllCe \laB held on April 15, 1997, with the followill1 individuals in attendance: The ftOther, Laurie Ann Fieaeler, with her ~tative, Jan Terpenill1, and the Father, Oevid Stuart Fieaeler, with his counsel, Itristin R. Reinhold, Esquire. -Illulil Date 3. The parties agree to entry of an Order in the form lIS attached. ({;-zd L~ Oewn s. y, E8qu re CUatody Conciliatoc I II . I! . ." I II I .S g HIS ;,.;.~~-c.._ -=.'~j_/~~~:r~~~_ ,. '-'.'L>'. "," -,'~'" .""." ;;,.~J,2JZ5' fliif:~i .. .. - DAVID STUART FIESELER, . IN THE COURT OF c:a1MON PLEAS . Plaintiff . CUMBERLAND COUN'l'Y, PENNSYLVANIA . . . vs. : NO. 96-5703 CIVIL : LAURIE ANN FIESELER, . CIVIL ACTION - LAW . Defendant . IN cusrooy . CIUlm (R cxxm ... AIm lUf, this ~daY of _:J'zn>Jtfit\ upon consideration of the attached CUstody Concil a on ordered and directed as follows: , 1997, Report, it is 1. The prior Order of this Court dated Novenber 22, 1996 (Protection Order) is vacated only to the extent that it is inconsistent with provisions of this Order. 2. The /'Iother, Laurie Ann Fieseler, and the Father, David Stuart Fieseler, shall have shared legal custody of Michele Sarah Fieseler, born October 24, 1984, Shaun Patrick Fieseler, born Novellt>er 13, 1986 and Ashley Marie Fieseler, born July 22, 1988. 3. Pending further Order of Court or agreement of the parties, the Children shall reside with the Father under the supervision of the paternal grandmother. The parties agree that the Father my have brief unsupervised periods of custody up to three hours, when the paternal grandmother requires time to run errands or handle her personal affairs. The Father shall abide by the re<:oIIIlIelldations of the family's (Family Based Services) counselor, Tony Deskis, with regard to the advisability of extending the Father I s periods of unsupervised custody. 4. The /'Iother shall have periods of visitation/partial custody with the Children at least one time per week and up to three times per week as arranged by the parties. The Father shall provide all transportation for purpoeea of 8llc:hangea of custody under this provision. 5. The Father shall cooperate with the ~,......ldations of counselors at Clildren and Youth Services, the Helen H. stevens Mental Health Center and the ClUdrens' 8Chool with regard ~o the Childrens' IlHds am the Father'. participation in the counseling process. 6. 'l1'le parti" and counsel ahall _t with the CUstody Conciliator for a Hco..d Conference on April IS. 1997 at 9:00 a.RI. 7. This OI'dtr is entered pursuant to an ag~lt of the parties at a CUstody Conciliation Conference. The partie. NY llIXIify the ~,;.r.Cj-C~~r-,r:. r: ," -.." ,~.. ' C;i , , " , ,. . , ,- .. - r" 0" ",,: '..> , .. .. DAVID STUART FIESELER, . IN THE COORT OF CXX1I1C:N PLEAS . Plaintiff . CUMBERLAND CXXJNTY, PENNSYLVANIA . . . vs. . NO. 96-5703 CIVIL . . . LAURIE ANN FIESELER, . CIVIL ACTIOO - LAW . Defendant . IN CUS'roDy . PRI<R JtI)G8: J. Neeley Oler aBl'OOY <XH:ILIAnOO SlJlMARY REPCRl' IN AaXIUlAf<<2 WI'l'B CUlBI!RLAND CXUi'lY RULE OF CIVIL PR)o ~ -R 1915.3-8, the undersigned CUstody COnciliator submits the following report: 1. The relevant information pertaining to the Children who are the subjects of this litigation is as follows: 11MB BIR1'IIMTB QRU!Nl'LY IN cu..-..Uli OF Michele Sarah Fieseler ShaWl Patrick Fieseler Ashley Marie Fieseler October 24, 1984 Noverrber 13, 1986 July 22, 1988 Plaintiff/Father Plaintiff/Father Plaintiff/Father 2. A Conciliation COnference was held on January 8, 1997, with the following individuals in attendance: The Father, David Stuart Fieseler, with his counsel, Kristin R. Reinhold, Esquire, the Father's Mother, Marjorie Fieseler, and the Mother, Laurie Ann Fieseler, with her representative Jan Terpening, paralegal, and Ray Dell, the Mother's case manager at the Steven's Center. 3. The parties agreed to entry of an Order in the fom as attached. <Jd..-Iu...^(j Ii /'1'17 ~ DATE Dawn S. y, Esqu CUstody Conciliator