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HomeMy WebLinkAbout00-03113 . "'~ ,-. ;.> " 1--' "'",' . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ROGER E, OTT, Plaintiff VERSUS LINDA C. OTT. Defendant . . AND NOW DECREED THAT . AND Linda C. Ott PENNA. No. 00- 3113 CIVIL TERM DECREE IN DIVORCE ~ ~)O)~ (~ ~( , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, 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 parties' Separation and Property Settlement Agreement dated Julv 19, u-Iili~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f . . . . . . . . . . . . . . . . . . . . . 1999, is incorporated herein, but not merged. ~ . . . . . . . . . . J. . . ROTHONOTARY . . . . . . . . . . . ~. I~,. ,,,. . ' , 1 '^' ,.~ = 1. ,'//, 11/ d '..' ____ I {/{ ,;J. '(J! . ._~~ "~."",< . w "'" =~, 0"'-' ",'"__',,~~,~ .h~ '.- <. ^'! \". . -11 1'41' <.; ~~ M?~~~~.4+ ~ ~tdfl- - . ~--- . ~~ #l '.1 "'" _,",~I~ ~~ ~~ ~"~H' ~)f:;;;'~ . . . ' " .' . ~ '~' , " '. " ". '; ~. , . . .'.. . < . SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this /q day of /tI~ 'I 1999, by and between ROGER E. OTT, of 1022 Teakwood Lane, Enola, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband', AND LINDA C OTT, 00022 Teakwood Lane, Enola, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, Husband and Wife were married on October 3, 1976, in Bronx, New York; WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences had arisen between the parties hereto which made them desirous ofliving separate and apart from one another; WHEREAS, the parties previously separated but are presently attempting a reconciliation of their relationship; WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties in the event they would separate physically and in their marital relationship; IIiIliilIIII ~~~ . ... 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' WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing, NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION u It shall be lawful for Husband and Wife at all times hereafter 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 interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings, The forgoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE n DNORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made .'" ~ ,,~ -.. ", ~~9' " . . .. ' . .' , '. ,~. . subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall, be instituted by the other party, or making any just or proper defense thereto, It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole of in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever by estopped from asserting any illegality or unenforceablility as to all or any part of this Agreement 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, Should either of the parties obtain a decree, judgment or order of separation of divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. ~ .. ~ _ ~,'- "-' " =-'~""'~'~"",,-,-, 11~:~r,t.' " . . ',1 '. ", 23 This Agreement shall survive any decree in divorce and shall by forever binding and conclusive on the parties, It is understood by and between the parties that this Agreement shall be \ incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III EOUITABLE DISTRIBUTION OF MARITAL PROPERTY II The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. " - .~- .J. = '" ~ . u::, ",', ': "'. 3,2 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 effected without the introduction of outside funds or other property not constituting marital property, with exception of the mortgage of the real estate described in paragraph 3.6 herein. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. U Personal Property. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction, The parties further acknowledge that they have the cash, accounts, or other tangible and intangible property in their possession that they wish to have and neither will make any claim whatsoever against the other party for any other items of personal property of assets that in other party's possession. 3A Life Insurance. Each party agrees that the other party shall have and retain sole ownership and possession of any life insurance policy owned by the other party, Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who owns such policies. 35 Subsequently Acquired Property, Husband and WIfe hereby waive and relinquish any and all rights that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquire by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. - ~~ "' '" '>d.^- "~ll\.t " .' , " , . "" 3.6 Real Estate. The parties are presently the joint owners of real estate located at 1 022 Teakwood Lane, Enola, Cumberland County, Pennsylvania and hold title as tenants by the entireties. The aforesaid real estate is presently encumbered with a mortgage due and owing to Members First Federal Credit Union, In the event the parties' attempted reconciliation does not lead to a final reconciliation, and the parties again separate, within thirty (30) days of the parties' separation, the parties shall secure an appraisal of the aforesaid real estate which shall be through a mutually agreed upon realtoL The appraised value shall be accepted by the parties as the fair market value of the property. Within thirty (30) days of the parties' separation, Husband shall then secure a statement from the mortgage holder indicating the payoff figure then due on the mortgage. Upon receipt of the appraisal referenced above and the payoff figure for the mortgage referenced above, the parties shall deduct the payoff figure from the appraised value of the property to determine the equity in the real estate, Upon determination of the equity in the real estate in this fashion, the parties shall designate one-half of the equity in the real estate as being the amount due and owing from Husband to Wife at any time in the future should he, at his sole discretion, determine that he wishes to "buyout" Wife's interest in the former marital residence" In the event that either party should prosecute and finalize a divorce action through receipt of a Decree in Divorce, Husband shall have sixty (60) days from the date of the Decree in Divorce to provide Wife with one-half of the equity as determined above through a refinancing and removal of her name as an obligor in the aforesaid mortgage. , - " . -~~ .' OW l!', ". ,'. Otherwise, in the event of the parties' separation, until the parties are divorced as described above, or until Husband detennines at his sole discretion that he wishes to compensate Wife for her one-half equitable interest in the real estate, Husband shall be solely and exclusively responsible for the repayment of the mortgage referenced above. Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid mortgage. In addition, the parties are the joint owners of two time share real estate investments which are held in the parties' joint names. Each party shall retain one time share in their name alone, In the event the parties' reconciliation is not effectuated, the parties shall, within sixty (60) days of their separation, contact the appropriate parties to have a deed prepared conveying their respective interest in each of the time shares to each other. In the event the parties cannot determine between the two of them which timeshare each shall retain, the parties shall detennine by lot which timeshare shall be owned by which party. Any and all encumbrance of any nature on the respective timeshares shall be the sole obligation of the party retaining ownership of that timeshare, U Pension. Retirement. Profit-Sharing, Wife agrees to waive, transfer or relinquish any and all of her right, title and interest she has in Husband's retirement account through his military service or through his employment with the Federal Government. More specifically, Wife will execute any and all necessary documents to waive, transfer or relinquish her rights in the aforesaid military pension or Federal Government pension within fifteen (15) days of being requested to do so by Husband or his legal representative. ~- _ ~ c -u.ft'''IDPl .' '. ',., . Wife hereby waives, transfers or relinquishes any and all right, title and interest she has in the aforementioned retirement as well as any other accounts Husband may have in his individual name or may have secure through his retirement accounts through his present or prior employment. Husband agrees to waive, transfer or relinquish any and all of his right, title and interest he has or may have in his individual capacity or as Wife's Husband's in any and all pension, retirement, profit -sharing, stock options or similar accounts with Wife's present or past employers or which Wife has secure independently. 3.8 Vehicles. The parties acknowledge that they have each retained for their use an automobile which they owned during their marriage and cohabitation. Each party shall retain sole and exclusive ownership and possession of the vehicle presently in their possession, Neither shall make imy claim of any nature whatsoever relative to vehicle in the other parties possession, Any encumbrances on the vehicles shall be the sole and exclusive responsibility of the party retaining ownership of the vehicle. In the event it is necessary to execute any documents to waive relinquish or transfer ownership interest in the vehicle retained by the other party. Any such documents shall be executed within fifteen (15) days of being requested to do so. 3.9 Intangible Personal Property. The parties have already transferred or waived rights or interests in their intangible personal property including their various bank accounts, credit union accounts, investment accounts, and the like, Neither party shall make any claim of any nature whatsoever against the other relative to any financial accounts that continue to exist or any accounts that were closed by either party, Neither party shall make any demands for additional payment of cash from one to the other from the time of execution of this agreement forward. ~ '~ ~'~ 'u' ~L - .~~'ttJk " ,. .' ARTICLE IV ALIMONY. ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, AND MAINTENANCE 4,1 The parties herein acknowledge that they have each secure, maintained the substantial and adequate fund and income in which to provide themselves sufficient resources to provide for their comfort maintenance and support in station of life in which they were accustom. Husband and Wife each hereby to the other waive, relinquish and give up and rights that they may respectively have against the other for alimony, alimony pendente lite, spousal support, or maintenance, 4.2 Husband and Wife specifically waive, release and give up any rights for alimony, alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations Code. ARTICLE V DEBTS OF THE PARTIES II The parties acknowledge that they have each incurred various debts of their own which are and shall continue to be their personal debts, Any and all credit cards, charge cards, personal loans, and the like which have been incurred by either party shall be the sole and exclusive responsibility for repayment by the party who initiated those accounts. Without consideration whether the other party "used" those accounts at any time during the parties marriage or cohabitation. Each party shall assume sole and exclusive responsibility for repayment of any such debts in a timely fashion and shall indemnifY and hold hannIess the other party relative to any payment or collection activity of any nature whatsoever on behalf of any such creditors from the date of final separation forward. " , < ~~.~'- , ,- 5.2 Each party represents to the other that except as otherwise specifically set forth in the Agreement, and more particularly as set forth in subparagraph 5 J above, there are no major outstanding obligations of the parties; that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement, ARTICLE VI MISCELLANEOUS PROVISIONS Q,1 Advice of Counsel.. The parties have been afforded the opportunity to review this agreement independently and with legal counsel of their choosing they have either secured independent legal counsel who fully explained to the respective parties the contents of the agreement. The parties further acknowledge that if they have not secured independent legal advice this is done, not without lack of knowledge of their right to retain legal counsel to advise them on this matter but by their own independent and voluntary decision to pursue this matter on their own without the assistance oflegal counsel. Under circumstances where either party has not retained legal counsel they have done so based upon their position that they understand the facts and the legal ramifications as well as the right to obligations under this agreement. They acknowledge and accept that this agreement is, under the circumstances, fair and equitable, that it is being entered into a freely involuntarily after having the opportunity to receive such advise and with knowledge that the execution of this agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreement. ~,= , 'M' !!t'la.' , ""-""'- - - ~. ~ L~,.lir:: 62 Counsel Fees, Each party agrees to be responsible for his or her own legal fees and expenses, and each party hereby agrees to waive any claim for alimony, alimony pendente lite, counsel fees, expenses or costs, 63 Mutual Release, Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, of any party thereof, whether arising out of any former acts, contracts, engagements, of liabilities of such other as by way of dower of curtesy, of claims in the nature of dower or curtesy of widow's or widower's rights, family exemption, or similar allowance, of under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, of all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendent lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement a full, complete, and general release with respect to any and all "" ~ ~ _I ... i' '-' " '~~:_~" . ',' '. property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof 6A ReconciliatioR In the event that the parties should reconcile or attempt to reconcile such that they should again begin cohabiting as husband and wife, this Separation and Property Settlement Agreement shall remain in full force and effect Any cohabitation or renewing of the parties marital relationship shall not have any effect whatsoever relative to the parties obligations under this agreement, In the event that the parties reconcile and wish to void or vacate this agreement, they must do so in writing and with the same formality as this agreement has been executed. 6.5 Warranties, Each party represents that they have not heretofore incurred or contracted for any debt, liability or obligation for which the estate of the other party may be respoNsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising our of this Agreement Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of the Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. ,. -...... "~~""I ~~..,~--.I ~ ~ 1 < !i.[~--M.,--- '. ,','.' , " '. 6,6 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature, 6,7 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, as~ignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement, 6,8 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement 6,9 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6,10 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them, There are no representations or warranties other than those expressly set forth herein, 6,11 Severability. If any term, condition, clause, section, or provision of this Agreement shall be detennined 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, and in all other respects, this Ii~ ~ ,~ ~"-~ ~. -_.~ - ~. ~ . "~ r~:Jt.t; ". .' ..' .~. ' :'~ , '. .' " Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6,12 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6,13 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of ever type whatsoever, and all other facts relating to the subject matter of this Agreement. 6,14 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the tenns of the Agreement by either Husband or Wife until it shall have been fully satisfied and perfonned. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration fOf all agreements herein contained in stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as ~" trlft!iT~: ,.... ". '.' ~ - , !;", :.< " well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party, In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of the Agreement IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. iPt ~~ rI<./~j ~ ./ c/tltL.~ ~c~ , , . ~~ _,J .~,I . '-y;;;;, " . ',. ,. .: '"' . '. ~ , '''. " " ... . . COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF CUMBERLAND ) . dt On this the /1 day of ~~ , 1999 before me, the undersigned officer, personally appeared ROGER E. OTT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal, NOTARIAL SEAL GAIL p, STRICKLER, Notary Public Camp Hili, Cumberland County My Commission Expires Feb, 3, 2003 COMMONWEALTH OF PENNSYL VANIA ) ) SS COUNTY OF CUMBERLAND ) ()f--fJ, On this the h day of ~+ officer, personally appeared LINDA C. OTT, known to me (or satisfactorily proven) to be the , 1999, before me, the undersigned person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal, ~ ytJ ~N',AJ - NOTARIAL SEAL GAIL P. STRICKLER, Notary PublIc Camp HIli, Cumberland County I My Commission Expires Feb. 3, 2003 " . ", . f'L Il/IllMI!!l ~~ - ('- ,':'!f ,1-:;.\-'--'..':',' ," - 1,'-',;- ":,..<>~> ' i ~',- . , \.,,' -; J J '- ! \, I<)/ln'y PI ~.1 f r:--, 0 ' ~ --" t) ,< ,~ I tl I' ('1 . " J CUf./,c:'t-~q" " ',:,:,~,~"":_/-,.\;") r./"'., f./j'f\./!\ 1(1\ 'L'-' \A.,../U/\,fi,/ - 'IvY V/iNL4 II .- . ..- . ,~ , - ".",IiI~~~1!!!~~im!\I'!!'1'n'~"'Rl1'~!iRiof$ll'!"~~Ml!!I'I!1!i1j~~'ffi'."mI1i~~!lil!'~~",," .,~ .--""~ , . - -, ," ~ ~ " --~-, "-'"~ ROGER E. OTT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA. CIVIL ACTION - LAW v. LINDA C OTT, Defendant : NO. 00-3113 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree' 1. Ground for divorce: Irretrievable breakdown under S3301(c) 3301(a)(1) efthe Dh'oree Ceae, (Strike out inapplicable section), 2, Date and manner of service of the Complaint: by certified mail, restricted delivery to Defendant, Linda C. Ott, on June 12,2000, 3. Complete either paragraph (a) or (b), (a) Date of execution of the Affidavit of Consent required by S3301 (c) of the Divorce Code: by Plaintiff: January 26,2001 by Defendant: January 29,2001 (b) (1) Date of execution of the affidavit required by S3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 4, Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record. a copy of which is attached: (b) Date of plaintiffs Waiver of Notice in S3301 (c) Divorce was filed with the Prothonotary: January 30, 2001 Date defendant's Waiver of Notice III S3301 (c) Divorce was filed with the Prothonotary: January 30, 2001 I~i ..........\re_ill!~,IIti"i:~:\fii\l;(iH"WW~!l/iIllli~ltJ".a~h''-l'"'-!~,~--Whli~1'''''''''''\.'''"_''''''''''..;.I~m I jiHJ1_wY:.lImil'~~iillij!!nlljl.~ -'-. ~ -,< "-~" ,~ - '" !Ill .~~~,~ - ~ 0 0 e, c: ---n <- -., \,)f6 ", .~'- fT!fl"i ;:c~ Z::c Zr:;: t CD ,:. (,L;:\ -<~:: ~Cj .-, )> '. zO ."",~ '~'''' ~Ci .;......c: ;".:.,) :z; ,:- 5-j =< '0 ::D -< <~- '. ~"'. ~1';j ~ i !! I " " .'-' - , ~" ~', ROGERE.OTT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs, LINDA C OTT, Defendant No,CO-3113 CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court, If you wish to defendant 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 will proceed without and a decree in divorce or annulment may be entered against you by the Court. Ajudgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Pennsylvania, 170 I3. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 . " "'L', ROGER E. OTT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, (Jf)-3/J3 CIVIL TERM LINDA C OTT, Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Roger K Ott, an adult individual currently residing at 1022 Teakwood Lane, Enola, Cumberland County, Pennsylvania, Plaintiff has resided at this address since September 1985. 2. Defendant is Linda C. Ott, an adult individual whose current address is unknown to Plaintiff. 3, Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint 4, Plaintiff and Defendant were married on October 3, 1976 in Bronx, New York 5, There have been no prior actions for divorce or annulment between the parties except an action which was filed by Defendant on December 21, 1998 docketed to No. 98- 7165 in the Court of Common Pleas of Cumberland County, which action was dismissed on March 27,2000, 6. The Defendant is not a member of the Unites States Armed Forces or its Allies, 7, Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling, Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8, Plaintiff and Defendant are citizens of the United States of America. , ' - .' ".~i 9, The parties' marriage is irretrievably broken, 10. Plaintiff desires a divorce based upon the belief that Defendant will, ninety days from the date of service of this Complaint, consent to this divorce, COUNT II 11, Paragraph 1 through 10 are incorporated herein by reference as if set forth in their full texL 12. The parties have been living separate and apart since December 17, 1998. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce pursuant to Section 3301(d) of the Domestic Relations Code. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce pursuant to Section 3301(c) of the Domestic Relations Code. Respectfully submitted, GRIFFIE & ASSOCIATES . ffie, Esquire for Plaintiff orth Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 . "'~ ,~ " , ~, ROGER E. OTT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO, ()(). 311J CIVIL TERM LINDA C OTT, Defendant : IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted, PLAINTIFF'S AFFIDAVIT UNDER SECTION 330Hd) OF THE DIVORCE CODE L The parties to this action separated on December 17, 1998 and have continued to live separate and apart since that time, 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted, 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,CS. Section 4904 relating to unsworn falsification to authorities, -~~ ROGER K OTT, Plaintiff , . JJlkl~,f:' I verifY that the statements made in the foregoing document are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. Section 4904, relating to unsworn falsification to authorities, DATE: f~ R~~ , _.~ '",i~""'-~'1-~ji!~__!i;tiWl~~lI~~;r,~ii!!ImJj~~MtilII1i'." "~=. --~ ~~_:BI~'"' """ .e, n ~ : ~ ~. -" ~. ~~ -Q>W 0'\ ~ ~-J o -, ~0Ja ~ 8 ~ ~~ g ~-tj: ~ '") -, +s ~. ~ ~:"'," - I _'~_' :::.~- ~>'::.>....c L D 0 C~ -~., :~ .--1 ....-.c:-,~ ~< . , ,~ .--r;: 'r';:; ["'"L ~=-} ,;::\ , !:~; .-. " C) ~~f~ :,~)' 0'"1 ~"" ::-p -, ,', ROGER E. OTT, plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. LINDA C. OTT, Defendant : NO. 00-3113 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on May 19, 2000, and served on June 12, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date offiling and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERITY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBffiCT TO THE PENALTIES OF 18 Pa.C.S. ~4904 RELATING TO UNSWORN FALSIFICATION TO AUlHORITIES. ~~ "ROGER E. OfT, Plaintiff \ DATE: iiJil~~rli I 1 ," llilYiliiliil~l!tiiliil'~''-w~-'~,~~'illil~~('t'" __"",J"' l ~ ~ ~"WO~ ,.',""." . - 0 0 ,~..... 'J C -11 S ,- ~, -08 ";:::>" m,fn ;:?:; " 2::L; ...- 2T tv '-'""" OJ ;~~ 0 :<;~ -<-""~ !<O -V ~Q 3: f~f~ )>'~ ~ =1 Z ~ =< \0 :Q . >,- " " "'W[ ROGERE. OTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. LINDA C. OTT, Defendant : NO. 00-3113 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on May 19,2000, and served on June 12, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date offiling and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERITY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTffiS OF 18 Pa,C.S. ~4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITffiS. DATE: / /tJ.-'1/v / I I . ~_(!/&L C. OTT, Defendant '.riIl "",,","~'~> i"- ~ - fIiiI'j!l;,7- IUilui',"""',","""-'i"";'~~""''IlIWi~~7,,,'h;;v.~,"'''',' ..' oIIiliiili.l~1IIIIi!!iiIi 0 0 ~:~2 c :s: " -om ~ ~,~. mn' ~''''' , --~! Z,:X; '- Z re. W c~ 9,2:~ c::' -" 'T' ~""'" () 2<: Co v , ~o ::t'.: ~:;j .'JJ C) :;;0 r',~ c.5r;1 c 3 ,.-{ .J'-'" -< \0 :0 -< "" ,." , ,;, '., ,,~',. 'f" ROGERE. OTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. LINDA C. OTT, Defendant : NO. 00-3113 CIVIL TERM : IN DIVORCE WAIVER O~ NOnCE OF INTENTION; TO REQUEST THE ENTRY OF A DIVO:R(;'J:_Q.fZ~REE UNDER S3301W 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, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorce 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 files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. ~904 RELATING TO ::RN~::~TOAunroroTIES~ ~ t ROGER E. OTT, Plaintil'r ~..,,;J.,,~ 0"," i~'iIU~~~IiiliiIlWlIl~""~'~' _.,,:i!!i'~~ .' -"""--~ r1' -'Mid , ~ .~ 0 c:' C) C -"'1 s: -0 (TJ ::,-:::;~ ."~., mrr: Z::C w "',-I ~r' /-...- C) . _' :~J ~i~: <'.~(~ ~c; -0 ,_'''f, :i>,-... :K Q~ ~'O ry cSrn )>C ;-< z ~ =< \0 . ", ~ .j " ~ ,,~ '. , '. -::i,"i ,',.. ROGER E. OTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVILACTION - LAW LINDA C. OTT, Defendant : NO. 00-3113 CIVIL TERM : IN DNORCE WAIVER ON NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER 8330lW OF THE DIVORCE CODE 1. 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, lawyer's fees or expenses if I do notdaim them before a divorce is granted, 3. I understand that I will not be divorce 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 files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 AUTIlORITIES. DATE: / k-0/~1 I ~ (! ,{id:: L . OTT, Defendant flilOl,], "';iliiWIilIlIIRlli""" .........'~"'i!IH1if ~ ~'" ~~'~IU~~~~iW' ."""" - ~I.;=-':' , 'I I - .~ 0 a ~--) C --"1 :;;: ~ -om J::',!1> !;2fn '::--"" :u .. z." t,.; 1",-1 ~~~ 0 ~j1~ ~l,..,..F V ::':,L:: ".:F{ )> :J:' 2:0 c_.__}c"') -0 )>c: ':-? ;'o-;::["n 'J z: );i =< ,.0 ::0 -< ,C' -1. ~o_ "11': , . , , ROGER E. OTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW LINDA C. OTT, Defendant : NO. 00-3113 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this ~ day of June, 2000, comes Bradley L. Griffie, Esquire, Attorney for Plaintiff, and states that he mailed a certified and true copy of a Complaint in Divorce to the Defendant, Linda C. Ott, at 1022 Teakwood lane, Enola, Pennsylvania, forwarding requested, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on June 12, 2000. , /" laintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribec;l" to before me this ~ day of June, 2000. M(ktfvi dt~ NOTAR UBLIC '~ '", ;'~ri;ijSeal ~sa J; lehman, Nolary Public Carlisle liQIo, CUi!lberland County My Commission E!iplres Aug. 25, 2003 , , " ~. II " -;; II l!! ~ II .c ~ " o ". S II is. E 8. '" '" w SENDER: I also wish to receive the follow~ iog services (for an extra fee): [J Complete items 1 and/or 2 for additional services. Complete items 3, 4a, and 4b. o Print your nam~ and address on the reverse of this form so thai we can return this card 10 you. t1 Attach this form to the front of the maiJpiece, or on the back if space does not permit. D Write "Return Receipt Requested" on the mailp;ece below the article number. o The Return Receipt will show to whom the article was delivere<l and the date delivered. 3. Article Addressed to: 4a. Article Number "'t. O(p2. 2.62.- 1.-1 nrMt t ON. (rJ'2-J;.- 7euf.,wflud f.vs-ne. tntJftl) PA ! 1fJ7.~ Pt-t,47Ji Po 4b. Service Type o Registered o Express Mail o Return Receipt for M~rchandlse 7. Date of Delivery tiCertified . b-lnsured DCCD f-V/ 5. Received By: (Print Name )/ L r 0-.. [ ~ Signature I dressee or A9~ !!l PS Fa 8 1 D~cember 1 994 102595-99.8-0223 Oainestlc Return Receipt '"--~----_._-,--_...~----_. --- Z 339 062 252 " { ~'." ~ ~ r1J :a ;; u m 0: " a II 0: 01 " ]j :> ~ ,g :> o ,.. '" " m t= '1,1 !l;d~_~ I O:'tm8llliil0.j~':'~'-{;!mI,fu~~I~~li,~li~~~~ID#~~~i~~~%~i<<,,'if.A:."~" i;;J' ~ ;"--':""li1l'" :l-;~- ,', " ~ .,',' .., ,"." ~",".',",,, ,," . , 0 C) c a s: <- ""Ow c:: mrn z Z::o ze- N , ) "'-;::{; - ;,'(~f? c... ~ z :;;! --I ::D -< J';- -< v '; 0 C-:-J C C) ~: c) Ct:: '._,~ m r,'; -- ::S ~;- f\-j ...::- ,~ UJ c;'-' C'J c.~, < ..! ~c; ", , ) -0 ::1:: .... ~fj -~ =i c., ,<,', iT) PI..-=: 0 Z ~ :J~": ~ .- ::D -< , . . , -'"""",,, , ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA ROGERE.OTT, Plaintiff No, 00-3113 v, CIVIL ACTION - LAW LINDA C, OTT, Defendant IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301ld) OF THE DIVORCE CODE L Check either (a) or (b): ()(a) I do not oppose tIll: entry of a divorce decree, ~ (b) I oppose the entry of a divorce decree becanse (Check (i), (il) or both): N (i) least two years; The parties to this action have not lived separnte and apart for a period of at ( ) (ii) The marriage is not irretrievably broken. 2, Check either (a) or (b): ( ) (a) I do not wish to makeany'claims for economic relief I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifl do not claim them before a divorce is granted, l)Q (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also tile all my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verifY that the statements made in this counteraffidavit 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 anthorities. ~.c:t/6c LC 01T Date: i.J.h.(Io/) , I NOTICE: IF YOU DO NOT WiSH TO OPPOSE THE EN1RY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FORECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER AFFIDAVIT, ~...~ ~1ii1lJ1~"" . ~L1Ji._imf"~ - "'"-">- ' ;1.ltliiilll~iB""";'" ^,:,,",,,,,,,,~.."~~. - ~ ' ~ ''''''~. " '" '"" I II; t ! ~" ii, 0 C) 0 C c~ -~ -n -J~ t.- rr'H1. ~~ "~.-'\ ~{ ,.,- ':",..,) ,.,-, '::i ~~'?- c-~ i r;:::C ~~ ';7:? -r'_~ ., ~, ~7_ C' :~o;", l) 9 c ~ 5> ., ["n c: ~:-\ /:.~ - ,;;.... '-' " ...( ~ ~ I ~ I I I iijl ',~, ...' .. ''-..ii ROGERE.OTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : PENNSYL VANIA - CUMBERLAND COUNTY vs. : NO. 6()-J 1/3 : CIVIL ACTION - LAW LINDAC.OTT, Defendant : IN DIVORCE ORDER OF COURT AND NOW, this /C;rh day of ?n a 'l . 2000, upon presentation and consideration of the within Petition, a Rule is hereby issued upon the Plaintiff, Linda Camille Ott, to show cause, if any she has, as to why the Defendant, Roger Edwin Ott, should not be granted exclusive possession of the former marital residence. Rule returnable at a hearing to be held on .:5r~?fJ'the I ~ay of ~/l1~ - .2000, at 0/..: l.f 5 o'clock, -f!-,m., in Courtroom No. L of the Cumberland County Courthouse, Carlisle, Pennsylvania, Defendant, Roger Edwin Ott, is granted exclusive possession of the former marital residence located at 1022 Teakwood Lane, Enola, Pennsylvania, pending the hearing in this matter, BY THE OURT, / -,. ~Uv- J. cc: Linda C. Ott, pro se - ~ 1>1-~. c/o Jeffrey Kitting 507 A Ross Avenue New Cumberland, P A 17070 BradleyL. Griffie, Esquire - W-~ ~ ~ .# B~......--# Attorney of Record for Defendant . ~ --7 200 North Hanover Street Carlisle, P A 17013 I '.- ...-. ,,--';'. . ", '. .~,;;"",,<'^', ~=1'Im'!;!IIII ..'; "" "' ~,.fID"~liP!_~h.,. " " ~ '''~. FILED-OfFICE OF FE '" '~liHC;\mP,RY 00 t-lf\'( ! 9 Pi] 3. 29 . "..... C.,.".. "''''J')'''\/ U!'/i;"'::--i'" C:1\:I) l ,! II [\ ~ I P,ll..",-"'""",,,, ''''_''-- I PENi\IS'i'L\II:i.Jii\ ",''" ~=,'" ,"or '~'. '.'t, ,'e' .~~""']U ;;Fl!I!II~~~~ip~~ll'1I~~W~;f"l~:;>r~"i'I'l:i'"fE,"- ~ ~lt~~ """:'- ~ I . . , . ~, "', ", - '"-'l!, ROGER K OTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : PENNSYLVANIA - CUMBERLAND COUNTY vs. : NO, 60 ~ .3 I , :3 CIVIL ACTION - LAW LINDA C. OTT, Defendant IN DIVORCE PETITION FOR EXCLUSIVE POSSESSION AND NOW, comes Petitioner, Roger Edwin Ott, by and through his counsel of record, Bradley L Griffie, Esquire, and petitions the Court as follows: 1, Your Petitioner is the above named Plaintiff, Roger Edwin Ott, an adult individual currently residing at 1022 Teakwood Lane, Enola, Cumberland County, Pennsylvania. 2, Your Respondent is the above named Defendant, Linda Camille Ott, an adult whose current residence is unknown, but who is believed to be residing at 507A Ross Avenue, New Cumberland, Cumberland County, Pennsylvalia, with a boyfriend with whom she has resided in the past 3, Defendant had previously initiated a divorce action by the filing of a Divorce Complaint on or about December 21, 1998, docketed to No, 98-7165, at which time Defendant was represented by Kathryn S, Taylor, Esquire, 4, Subsequent to the filing of the prior Divorce Complaint, Defendant used the legal services of Samuel L. Andes, Esquire, who did not enter his appearance in this case to Plaintiffs nor Plaintiffs counsel's knowledge, 5, Subsequent to the filing of the Divorce Complaint, Plaintiff initiated a Protection From Abuse action through Legal Services, Inc., which action was ultimately withdrawn by the Defendant . . - ~ .,L, , ~ "'~ ~'"' \'\,,&, 6. Defendant recently had attorney Keith R DeArmond file a Praecipe to Dismiss the previously filed divorce action, which was done without notice to Plaintiff or Plaintiff's counsel, even though Plaintiff had been served in that case, 7, Defendant vacated the former marital residence at 1022 Teakwood Lane , Enola, Pennsylvania, on December 17, 1998. 8. In the Spring of 1999, and particularly in May, 1999, Defendant was making overtures to the Plaintiff that she wished to reconcile, whereupon Plaintiff allowed the Defendant to move back into the residence at 1022 Teakwood Lane, Enola. 9, Defendant has emotional and mental difficulties which necessitate the use of prescription medications, which the Defendant, at times, refuses to use. 10, Due to the Defendant's failure and refusal to maintain her medications, life with the Defendant continued to be intolerable and the parties were unable to reconcile, 11. On July 19, 1999, after negotiations between the parties and during a period of time when Defendant was represented by Samuel L Aodes, Esquire and Plaintiff was represented by Bradley L Griffie, Esquire, the parties executed a Separation and Property Settlement Agreement, which is attached hereto and incorporated herein by reference as Exhibit "A!' , 12, Paragraph 3,6 of the aforesaid Agreement specifically provided that the parties were joint owners of the real estate located at 1022 Teakwood Lane, Enola, Pennsylvania, and that the parties were attempting a reconciliation, ~ '" "~C ~Lj )3, In August 1999, Defendant moved from the residence and lived at various locations in Cumberland County, Pennsylvania, until she moved to her family's residence in Bronx, New York 14, The parties maintained limited contact from August 1999 until February 2000 when the Defendant again requested the opportunity to attempt a reconciliation, 15, Plaintiff agreed to allow the Defendant to move back into the home at 1022 Teakwood Lane, Enola, in an effort to effectuate a reconciliation, 16, For various reasons, including the fact that Defendant refused to abide by her doctor's instructions and maintain her medications, the reconciliation did not take effect and on May 4, 2000, Defendant again moved from the former marital residence, which Plaintiff submits ended the final attempt at reconciliation, 17, The Plaintiff currently resides at the former marital residence with his 17 year old son, Christopher Ott, and his adult son, Paul, who is a college student at Penn State Harrisburg, 18, During the parties' attempt at reconciliation from late February, 2000 until May 4, 2000, the parties did not initiate joint checking, savings or other financial accounts, 19. During the parties' attempt at reconciliation from late February 2000 until May 4, 2000, they did not establish joint debt and the Defendant did not make any financial contributions of any nature whatsoever to the former marital residence or the household of the parties, .- . "'" 20. Since May 4, 2000, the Defendant has returned to the residence, unannounced, on at least five occasions. 21. On one such occasion she removed some of her clothing from the home and on a subsequent occasion, she returned the clothing leaving them laying in the living room. 22, During the five returns of the Defendant to the former marital residence, she has destroyed property by ripping two window screens on the property and damaging a basement window, initiating obnoxious and vulgar arguments with the parties' children, threatening to take criminal action against the Plaintiff and even against the parties' children and otherwise completely disrupting the home life of the Plaintiff and the parties' children. 23. Plaintiff has just become aware that there were warrants for his arrest due to the fact that Defendant had apparently received various parking tickets in Harrisburg, Pennsylvania, and had failed to pay those parking tickets, which necessitated the Plaintiff resolving that matter with the appropriate District Justice, 24, Plaintiff has become aware that apparently Defendant stole two of his credit cards from the home on one of her returns to the home, which have necessitated him securing cancellation of those credit cards and providing documentation reflecting the fact that those credit cards were stolen. 25, Plaintiff s sons are extremely aggravated and agitated by the conduct of the Defendant and Plaintiff is fearful of a physical confrontation between the , ""'( '~'1':P , ,,~ '.L '0, . ~--."' "R1W .--. ~'~ .",,;. 31, Plaintiff is responsible for the outstanding financial obligations on the home pursuant to the parties' Separation Agreement and, therefore, he should be able to maintain his residency at that address with his two sons, 32. Defendant has returned to the home and removed the dining room furniture and the living room suite in her last two returns to the home, and has threatened to remove other items of personal property from the home. 33, Without the intervention of the Court, Plaintiff cannot have the quiet enjoyment of his. home and the benefit of the enforcement of other aspects of the parties' Separation and Property Settlement Agreement, as the Plaintiff will continue to attempt to effectuate property resolution outside the terms of the parties' Agreement. WHEREFORE, Petitioner requests your Honorable Court to issue a Rule to Show Cause upon the Defendant as to why Plaintiff should not be granted exclusive possession of the residence at 1022 Teakwood Lane, Enola, Cumberland County, Pennsylvania. Respectfully submitted, GRIFFIE & ASSOCIATES ,Griffi Esquire y for Plai tiffiPetitioner o orth Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ~~ I verifY that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S, Section 4904, relating to unsworn falsification to authorities. DATE f/;~ R~ ~ ^'",""'. " "''';';fj .~ , " ~. .~ . 0 f"'i , " . . SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this / tf day of /tI?, 'I 1999, by and between ROGER E OTT, of 1022 Teakwood Lane, Enola, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband', AND LINDA C OTT, of 1022 Teakwood Lane, Enola, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, Husband and Wife were married on October 3, 1976, in Bronx, New York; WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences had arisen between the parties hereto which made them desirous of living separate and apart from one another; WHEREAS, the parties previously separated but are presently attempting a reconciliation of their relationship; WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties in the event they would separate physically and in their marital relationship; EXHIBIT "A" ~., .'~ ~ ," ~'" .. . WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION l.l It shall be lawful for Husband and Wife at all times hereafter 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 interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The forgoing provisions shall not be taken to be an admission on the part of either Husband or WIfe of the lawfulness of the causes leading to them living separate and apart, ARTICLE II DIVORCE il This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Afp-eement is not predicated upon nor made ~-" " . , ~ . ,- < ,,'.ok subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall, be instituted by the other party, or making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and WIfe, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and WIfe to execute the Agreement. Husband and WIfe each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole ofin part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever by estopped from asserting any illegality or unenforceabIility as to all or any part of this Agreement. 2,2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation of divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce, ~-~ ~ " .'.' '. '", :~ 2.3 This Agreement shall survive any decree in divorce and shall by forever binding and conclusive on the parties, It is understood by and between the parties that this Agreement shall be , incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE ill EOUITABLE DISTRIBUTION OF MARITAL PROPERTY li The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. .. ~,. ',. ";,: 3.2 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 effected without the introduction of outside funds or other property not constituting marital property, with exception of the mortgage of the real estate described in paragraph 3,6 herein. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal Property. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties further acknowledge that they have the cash, accounts, or other tangible and intangible property in their possession that they wish to have and neither will make any claim whatsoever against the other party for any other items of personal property of assets that in other party's possession, 3A Life Insurance. Each party agrees that the other party shall have and retain sole ownership and possession of any life insurance policy owned by the other party. Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who owns such policies. 3,5 Subsequentlv Acquired PropertY, Husband and Wife hereby waive and relinquish any and all rights that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquire by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. "L f-o., 3.6 Real Estate. The parties are presently the joint owners of real estate located at 1022 Teakwood Lane, Enola, Cumberland County, Pennsylvania and hold title as tenants by the entireties. The aforesaid real estate is presently encumbered with a mortgage due and owing to Members First Federal Credit Union. In the event the parties' attempted reconciliation does not lead to a final reconciliation, and the parties again separate, within thirty (30) days of the parties' separation, the parties shall secure an appraisal of the aforesaid real estate which shall be through a mutually agreed upon realtor. The appraised value shall be accepted by the parties as the fair market value of the property. Within thirty (30) days of the parties' separation, Husband shall then secure a statement from the mortgage holder indicating the payoff figure then due on the mortgage. Upon receipt of the appraisal referencecl above and the payoff figure for the mortgage referenced above, the parties shall deduct the payoff figure from the appraised value of the property to determine the equity in the real estate. Upon determination of the equity in the real estate in this fashion, the parties shall designate one-half of the equity in the real estate as being the amount due and owing from Husband to Wile at any time in the future should he, at his sole discretion, determine that he wishes to "buyout" Wife's interest in the former marital residence. In the event that either party should prosecute and finalize a divorce action through receipt of a Decree in Divorce, Husband shall have sixty (60) days from the date of the Decree in Divorce to provide Wife with one-half of the equity as determined above through a refinancing and removal of her name as an obligor in the aforesaid mortgage. .~ - - -",_-'c~'. -. v__~~ ~"" iLi Otherwise, in the event of the parties' separation, until the parties are divorced as described above, or until Husband determines at his sole discretion that he wishes to compensate Wife for her one-half equitable interest in the real estate, Husband shall be solely and exclusively responsible for the repayment of the mortgage referenced above. Husband shall indemnify Wile and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid mortgage. In addition, the parties are the joint owners of two time share real estate investments which are held in the parties' joint names. Each party shall retain one time share in their name alone. In the event the parties' reconciliation is not effectuated, the parties shall, within sixty (60) days of their separation, contact the appropriate parties to have a deed prepared conveying their respective interest in each of the timeshares to each other. In the event the parties cannot determine between the two of them which timeshare each shall retain, the parties shall determine by lot which timeshare shall be owned by which party. Any and all encumbrance of any nature on the respective timeshares shall be the sole obligation of the party retaining ownership of that timeshare. 3.7 Pension. Retirement. Profit-Sharing. Wife agrees to waive, transfer or relinquish any and all of her right, title and interest she has in Husband's retirement account through his military service or through his employment with the Federal Government. More specifically, Wife will execute any and all necessary documents to waive, transfer or relinquish her rights in the aforesaid military pension or Federal Government pension within fifteen (15) days of being requested to do so by Husband or his legal representative. J., c- . , , ',)'""",!I Wife hereby waives, transfers or relinquishes any and all right, title and interest she has in the aforementioned retirement as well as any other accounts Husband may have in his individual name or may have secure through his retirement accounts through his present or prior employment. Husband agrees to waive, transfer or relinquish any and all of his right, title and interest he has or may have in his individual capacity or as Wile's Husband's in any and all pension, retirement, profit-sharing, stock options or similar accounts with Wife's present or past employers or which Wile has secure independently. 3.8 Vehicles. The parties acknowledge that they have each retained for their use an automobile which they owned during their marriage and cohabitation. Each party shall retain sole and exclusive ownership and possession of the vehicle presently in their possession. Neither shall make any claim of any nature whatsoever relative to vehicle in the other parties possession. Any encumbrances on the vehicles shall be the sole and exclusive responsibility of the party retaining ownership of the vehicle. In the event it is necessary to execute any documents to waive relinquish or transfer ownership interest in the vehicle retained by the other party. Any such documents shall be executed within fifteen (15) days of being requested to do so. 3.9 Intangible Personal Property. The parties have already transferred or waived rights or interests in their intangible personal property including their various bank accounts, credit union accounts, investment accounts, and the like. Neither party shall make any claim of any nature whatsoever against the other relative to any financial accounts that continue to exist or any accounts that were closed by either party. Neither party shall make any demands for additional payment of cash from one to the other from the time of execution of this agreement forward. , ~" I I . ., ,-",~ 'I . ~ "llW ARTICLE IV ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT. AND MAINTENANCE tl The parties herein acknowledge that they have each secure, maintained the substantial and adequate fund and income in which to provide themselves sufficient resources to provide for their comfort maintenance and support in station of life in which they were accustom. Husband and Wife each hereby to the other waive, relinquish and give up and rights that they may respectively have against the other for alimony, alimony pendente lite, spousal support, or maintenance. 4.2 Husband and Wife specifically waive, release and give up any rights for alimony, alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations Code. ARTICLE V DEBTS OF THE PARTIES .u The parties acknowledge that they have each incurred various debts of their own which are and shall continue to be their personal debts. Any and all credit cards, charge cards, personal loans, and the like which have been incurred by either party shall be the sole and exclusive responsibility for repayment by the party who initiated those accounts. Without consideration whether the other party "used" those accounts at any time during the parties marriage or cohabitation. Each party shall assume sole and exclusive responsibility for repayment of any such debts in a timely fashion and shall indemnify and hold harmless the other party relative to any payment or collection activity of any nature whatsoever on behalf of any such creditors from the date of final separation forward. rl'~~' .,. 5.2 Each party represents to the other that except as otherwise specifically set forth in the Agreement, and more particularly as set forth in subparagraph 5.1 above, there are no major outstanding obligations of the parties; that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE VI MISCELLANEOUS PROVISIONS .u Advice of CounseL The parties have been afforded the opportunity to review this agreement independently and with legal counsel of their choosing they have either secured independent legal counsel who fully explained to the respective parties the contents of the agreement. The parties further acknowledge that if they have not secured independent legal advice this is done, not without lack of knowledge of their right to retain legal counsel to advise them on this matter but by their own independent and voluntary decision to pursue this matter on their own without the assistance oflegal counseL Under circumstances where either party has not retained legal counsel they have done so based upon their position that they understand the facts and the legal ramifications as well as the right to obligations under this agreement. They acknowledge and accept that this agreement is, under the circumstances, fair and equitable, that it is being entered into a freely involuntarily after having the opportunity to receive such advise and with knowledge that the execution of this agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreement. - ~ " "" .", , . "., ."' "~'''jJ 6.2 Counsel Fees. Each party agrees to be responsible for his or her own legal fees and expenses, and each party hereby agrees to waive any claim for alimony, alimony pendente lite, counsel fees, expenses or costs. 6.3 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, of any party thereof, whether arising out of any former acts, contracts, engagements, of liabilities of such other as by way of dower of curtesy, of claims in the nature of dower or curtesy of widow's or widower's rights, family exemption, or similar allowance, of under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, of all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or ( c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendent lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement a full, complete, and general release with respect to any and all ,..- .~ _,_~~'v, '= .' >~,,' '~:I '. . : property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof 6.4 Reconciliation. In the event that the parties should reconcile or attempt to reconcile such that they should again begin cohabiting as husband and wife, this Separation and Property Settlement Agreement shall remain in full force and effect. Any cohabitation or renewing of the parties marital relationship shall not have any effect whatsoever relative to the parties obligations under this agreement. In the event that the parties reconcile and wish to void or vacate this agreement, they must do so in writing and with the same formality as this agreement has been executed. 6.5 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt, liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising our of this Agreement. Husband and Wile each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of the Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. . . ~, , ,~-.: '" ,n .'_:;' ~.'""""",~ ,.', oil 6.6 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.7 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.8 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 6.9 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.10 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.11 Severability. If any term, condition, clause, section, 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, and in all other respects, this ~' . .." Mil Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.12 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wile, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.13 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of ever type whatsoever, anq all other facts relating to the subject matter of this Agreement. 6.14 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained in stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as r~ ~ " - , ~.~ - ~ ,', ~ .", , ~ 0' '-fl~ well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of the Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~ D e 4~ ROGERE. OTT ri0;) ~ -/ C/t1:.L frN4c~ ~ Ii, , -,'."" " ,- id .. . COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF CUMBERLAND ) iJ- On this the l/ day of i?~ , 1999 before me, the undersigned officer, personally appeared ROGER E. OTT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ P dt-".eUuJ - NOTARlALSEAL GAIL P. STRICKLER, Notary Public Camp Hill, Cumberland County My Commission Expires Feb. 3. 2003 COMMONWEALTH OF PENNSYL VANIA ) ) SS COUNTY OF CUMBERLAND ) 1:}. On this the /0( day of n officer, personally appeared LINDA C. on, known to me (or satisfactorily proven) to be the , 1999, before me, the undersigned person whose name is subseribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. x!kut -? ~ u' kb,l ~ NOTARIAL SEAL GAIL P. STRICKLER. Notary Public Camp Hili, Cumberland County My Commission Expires Feb. 3, 2003 . " iitiWi"""",-L ,ri'; ~~-.i~,f>\.1Il!jlikm!~tii!~Q!ilIiWilIiillll~ ~~: -~ "' . iIlJif.&.u~.IlIiIIIiiii8I1111ll1ili1i11. C:) (".1 C) -D =-1: ;~'" ITi ~ , c ~ ; I':':"'" 1'1"1 (., tCo .~ u ~--: ~) ~ C , CJ ". C) ;; :;; C..:.:;; C) in .G :j;1 -<I en ::cJ -< L I ~,' '<' '-0 . ,", -,. ',',. " '~-4:~ ,~~1 ~;, ,~.I ~i;:>"i ,%,.: ~~ ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROGER E. OTT, V. LINDA C. OTT, Defendant 00-3113 CIVIL TERM IN RE: PETITION GRANTED ORDER OF COURT AND NOW, this 14th day of June, 2000, the within petition for exclusive possession is granted, and the defendant is enjoined from entering upon or being at the premises located at 1022 Teakwood Lane, Enola, Cumberland County, Pennsylvania, pending further Order of Court. By the Court, Bradley L. Griffie, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Carlisle, PA 17013 For the Plaintiff 44. Keith DeArmond, Esquire DEARMOND & DEARMOND 28 Market Street Camp Hill, PA 17011 For the Defendant r--,,"Y (\ Y'" -, 0 t:JY .0 << , . ~'). ~ \, .~, It ~~';j,~T;;'fitI~:f~;;J,,",<.; .J ~$..~!:1I$~wZ~2t~~~tlh[~Jtri:i:"::~J: '~\~ ~ ~'-- . ,",<_ 0 I .lJ ~'O ......' ,"""~- \ !,~ Olf) ill\!?? l. \-,i,...\. (..... fl.;: j' [:'1 ;' .Ii C' II ,....,. "(' "11Y l..J VIL:.t::r-\l..F\: C.JU!\ PENNSYLVN~iA i "-,..,..,,,.."""""""'~,"'- " ' '<, ""'1'" ,,- " '"~ ^_'C .~~"". . 0, , ROGER E. OTT, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LINDAC.OTT, : NO. 00-3113 CIVIL TERM DefendantJRespondent : IN DIVORCE ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW, this 'f{f:A day of ~F ' 2000, upon presentation and consideration of the within Petition for Special Relief and Rule to Show Cause, a Rule is hereby issued upon the Defendant, Linda C. Ott, to show cause, if any she has, as to why her request for economic relief on the Counter-Affidavit Under g3301(d) of the Divorce Code filed in this action should not be dismissed based upon the fact that the parties previously entered into a comprehensive Separation and Property Settlement Agreement. The Rule is returnable at a hearing to be held on ~d- the "d.tf--t:J day of ~ ,2000,at 9:3 () o'c!ockCl....m. in Courtroom number i ' of the Cumberland County Courthouse, Carlisle, Cumberland County, Peunsylvania. BY THE COURT, cc: Bradley L. Griffie, Esquire Attorney for Plaintiff AJ. 1. c ~!l:.jJ ~S Keith B DeArmond, Esquire Attorney for Defundant ii~...L~.,,, .-'- _lt1ilji:\i'l:li&!t:f~~lil~tl~O~'m(jti' :tiI:]..o~ij~a~i ,,~~,~ "iJ]".w,~, ~""""lIoillil1"il ..,." f!i OY.J.Q , .c r:;::c5 !..... -r- Cli::' tf1 ~) ~ ,....j,q: Q::!fti ~: tl_ (.) """__1,'_ , ~~.. U) C Cl::l I "" ;:;:, .... & i:::: ;> ::5 D"'- 0~ ::;{ ,.....::;,. .~~ <:>:: ,S0 ,,;-,,g: i.,jZ ~lE ::5 (.) -. "'" if: >>~- "' ~, ~ -" --, ~ i. ,.;," . l~_Mil"'~' - ,;.~ '. ...,- ~. ~ --, "- . ROGER E. OTT, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. LINDA C. OTT, : NO. 00-3113 CIVIL TERM DefendantlRespondent : IN DIVORCE PETITION FOR SPECIAL RELIEF AND RULE TO SHOW CAUSE AND NOW comes Petitioner, Roger E. Ott, by and through his counsel of records, Bradley L. Griffie, Esquire, and petitions the Court as follows: I. Your Petitioner is the above named Plaintiff, Roger E. Ott, an adult individual currently residing at 1022 Teakwood Lane, Enola, Cumberland County, Pennsylvania. 2. Your Respondent is the above named Defendant, Linda C. Ott, an adult individual currently residing at 402 North Second Street, Harrisburg, Dauphin County, Pennsylvania. 3. The parties are parties to the above referenced divorce action which was initiated by Petitioner by filing a Complaint in Divorce pursuant to ~3301(c) and ~3301(d) of the Divorce Code, a copy of said Complaint being attached hereto and incorporated herein by reference as Exhibit "A." 4. Respondent previously filed a Complaint in Divorce which was docketed to 'Number 98-7165 Civil Term in the Court of Common Pleas of Cumberland County, a copy of said Complaint in Divorce is being attached hereto and incorporated herein by reference as Exhibit "8," ""ilil.j . 5. Although the prior Complaint in Divorce filed by Respondent was withdrawn by new counsel, a copy of the Praecipe withdrawing the Complaint was never received by the Petitioner or his legal counsel of record. 6. The parties are subject to a Separation and Property Settlement Agreement that was entered into between the parties on July 19, 1999, a copy of said Separation and Property Settlement Agreement being attached hereto and incorporated herein by reference as Exhibit "C." 7. Subsequent to the parties entering into the aforesaid Separation and Property Settlement Agreement and the filing of the service of the present Complaint in Divorce and, Respondent has filed a Counter-Affidavit under g3301(d) of the Divorce Code, a copy of said Counter-Affidavit being attached hereto and incorporated herein by reference as Exhibit "D." 8. As all of the parties economic issues that could have otherwise been raised in the instant divorce proceedings were resolved through the Separation and Property Settlement Agreement that was entered into between the parties on July 19, 1999, Respondent's claim for economic relief at this time is without basis and, therefore, should be stricken. 9. Petitioner should not be obligated to pursue this matter through additional litigation associated with the Master's involvement in this case a the economic aspects of the divorce case have been resolved by the parties entering into the aforementioned Separation and Property Settlement Agreement. 10. Respondent has, likewise, filed for spousal support through the Cumberland County Domestic Relations office, which request for spousal support is being denied by the Petitioner herein due to the fact that the parties resolved the issue of spousal support in the Separation and Property Settlement Agreement. II. It is necessary for the Court to determine the enforceability of the Separation and Property Settlement Agreement dated July 19, 1999, in order to facilitate a resolution ofthe various economic issues that have been raised by Respondent. WHEREFORE, Petitioner requests your Honorable Court to issue a Rule upon Respondent, Linda C. Ott, to show cause, if any she has, as to why the parties Separation and Property Settlement Agreement should not be upheld and found binding against her, thereby resolving the economic claims that she has made in her Counter-Affidavit under S3301(d) of the Divorce Code and in her request for spousal support and allowing there claims to be dismissed. Respectfully submitted, . Griffie, Esquire omey for Plaintiff/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 - . .~-- ~ ~'..;" - VERIFICATION I verifY that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: r~ /6m~---- ROGE E. OTT, PlaintIff/Petitioner ",' ~ ,,- I , _I '. ROGERE. on, Plaintiff IN THE COURT OF COMMON PLEAS OF : CillvfBERI.Pu'ID COUNTY, PENNSYL V Al~iA vs. : NO.60-JJIJ CIYlL TE&.\1 LINDA C. on, Defendant : IN DIVORCE NonCE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defendant 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 will proceed without and a decree in 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 imponant to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Pennsylvania, I iO 13. IF YOU DO NOT mE A CLAINf FOR ALJ1vfONY, DMSION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRAL'ITED YOU MAY LOSE THE RIGHT TO CLAIN[ Ai'-l'Y OF 'THE1vL , YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA \I'E A LAWYER OR CAi"lNOT AFFORD Ol';'E, GO TO OR TELE.PHO~'E THE OFFICE SET FORTH BELOW TO FINn OTJT \VHERE YOU C.J...~ GET LEGAL HELP Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania liOl3 (il i) 249-3166 EXHIBIT "A" . , '" ,. . . ROGER E. OTT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLA.'ID COUNTY, PENNSYL V Al~IA vs. NO. CIVIL TERL'v1 c-. Lil'IDA C. OTT, Defendant -- - IN DIVORCE ,.;:; COMPLAINT IN DIVORCE 1. Plaintiff is Roger E. 011, an adult individual currently residing at 1022 T~oRd -, .. ~ , Lane, Enola, Cumberland County, Pennsylvania Plaintiff has resided at this address since September 1985. 2. Defendant is Linda C. Ott, an adult individual whose current address is unknown to Plaintiff. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 3,1976 in Bro:vc, New York. 5. There have been no prior actions for divorce or annulment between the parties except an action which was filed by Defendant on December 21, 1998 docketed to No. 98- 7165 in the Court of Common Pleas of Cumberland County, which action was dismissed on March 27,2000. 6. The Defendant is not a member of the Unites States Armed Forces or its ,j,j]jes. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America , ., '~'~;.;i;.: r' ,. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that Defendant will, ninety days from the date of service of this Complaint, consent to this divorce. COUNT IT II. Paragraph I through 10 are incorporated herein by reference as if set forth in their full text. 12. The parties have been living separate and apart since December 17, 1998. 'WHEREFORE. Plaintiff requests your Honorable Court to enter a decree in divorce pursuant to Section 3301 (d) of the Domestic Relations Code. 'WHEREFORE. Plaintiff requests your Honorable Court to enter a decree in divorce pursuant to Section 330I(c) of the Domestic Relations Code. Respectfully submitted! GRIFFIE & ASSOCIATES L. Griffie, Esquire ttorney for Plaintiff 200 North Hanover Street Carlisle, PAl 70 13 (717) 243-5551 (800) 347.5552 - ,. - ~ . .. . ROGER E. orr, Plaintiff IN THE COURT OF COMMON PLEAS OF Cti1vlBERLAL'ID COUNTY, PENNSYL V At."ITA vs. : NO. CIVIL TERM LTh1)A C. orr, Defendant : IN DIVORCE NOTICE TO THE DEFENDA,,"!T If you wish to deny any of the statements set forth in this affidavit, you must file a counter.affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLATh Ill' l' 'S AFFIDA VlT UNDER SECTION 330l( d) OF THE DIVORCE CODE L The parties to this action separated on December 17, 1998 and have continued to live separate and apart since that time. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 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. Section 4904 relating to unsworn falsification to authorities. -~~ ROGER E. orr, Plaintiff ., ~~ "'" .~ , , -, c, ~ w'.' ,"", '~ I verifY that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. R~P ;7f~ DATE: I , o'~' ,.; -"); Linda Camille Ott, Plaintiff; IN THE COURT OF COM1vl0N PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. Q8'- 7/G/S Roger Edwin Ott, Defendant 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: YOtrareWalned th~*-.ifyou fioil to do so the case may proceed without you and a decree of divorce or annulment may be entered ag~in"1: you by the court. A judgment may also be entered against you for any other claim or relief requested in theses papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Room 100, Cumberland County Courthouse, 1 Courthouse Square, Carlisle P A 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 CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. If YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 EXHIBIT "B" TRUE COPY FRO~..1 RECORD In T estirr:.cny whereo1. ! hEre l:nto s;t rny hana and the saaJ of said Court at Carlisle, Pa. fhis df s+ day ^~; me 19 ~ J-I_ \ \ Au . O. .~ Prothonm.ry . c " . '~ - -, - ~-^'. """,,,,' Linda Camille Ott, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLANTI COUNTY, PENNSYLVANIA vs. Roger Edwin Ott, Defendant No. IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Linda Camille Ott, who currently resides at 8 West Dulles Dr., Apt. 8-H, Camp Hill, Cumberland County, Pennsylvania, 17011, since Friday, December 18, 1998. 2. Defendant is Roger Edwin Ott, who currently resides at 1022 Teakwood Lane, Enola, Cumberland County, Pennsylvania, 17025. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this. Complaint. 3. The Plaintiff and Defendant were married on October 3,1976, in Bronx, New York. 4. There have been no prior actions of divorce or for annulment between the parties. 5. The marriage is irretrievably broken. 6. 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. 7. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 8. Plaintiff avers that there is one children of the marri.age under the age of eighteen (18) years: Christopher Paul Ott; DOB: 10/19/82. 9. Plaintiff avers that Defendant is not a member of the armed services and is not entitled to relief under the Soldier's and Sailor's Relief Act. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this complaint, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to ~3301 (c) of the Divorce Code. I verify that the statements made in this Complaint 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. ~ C" ~ /J. 6/ /Qj Pial tIff . Date: L!l. I / .... . ~ In .cO' Attorney for P1ainti . . . (-7i"( ).f311-.J. j.:.,s- -, '""''-'']j . '! J~. , SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THISAGREEMENT,madethis/q dayof /t/~'I 1999, by and between ROGER E. OTT, of 1022 Teakwood Lane, Enola, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband', AND LINDA C OTT, of 1022 Teakwood Lane, Enola, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, Husband and Wile were married on October 3, 1976, in Bronx, New York; WHEREAS, Husband and Wile are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences had arisen between the partie~ hereto which made them desirous of living separate and apart from one another; WHEREAS, the parties previously separated but are presently attempting a reconciliation of their relationship; WHEREAS, Husband and Wile desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties in the event they would separate physically and in their marital relationship; EXHIBIT ne" . I ,,": WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION u It shall be lawful for Husband and Wile at all times hereafter. 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 interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The forgoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE li This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made ~ . , . subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall, be instituted by the other party, or making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wile each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole of in part. Husband and Wile do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever by estopped from asserting any illegality or unenforceablility as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation of divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. ,~ ,~ - ", '''o'~~1 ',' ,,' _. 2.3 This Agreement shall survive any decree in divorce and shall by forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be \ incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III EOUITABLE DISTRIBUTION OF MARITAL PROPERTY il The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. " ,. ,~", o , '~"","",,"_. ",- ~"- , -'-'JIlJ 3.2 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 effected without the introduction of outside funds or other property not constituting marital property, with exception of the mortgage of the real estate described in paragraph 3.6 herein. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal Property. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties further acknowledge that they have the cash, accounts, or other tangible and intangible property in their possession that they wish to have and neither will make any claim whatsoever against the other party for any other items of personal property of assets that in other party's possession. 3.4 Life Insurance. Each party agrees that the other party shall have and retain sole ownership and possession of any life insurance policy owned by the other party. Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who owns such policies. 12 SubseQuentlv Acquired Property. Husband and Wife hereby waive and relinquish any and all rights that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquire by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. :--. , ~,.. , '-c. 3.6 Real Estate. The parties are presently the joint owners of real estate located at 1022 Teakwood Lane, Enola, Cumberland County, P~sylvania and hold title as tenants by the entireties. The aforesaid real estate is presently encumbered with a mortgage due and owing to Members First Federal Credit Union. In the event the parties' attempted reconciliation does not lead to a final reconciliation, and the parties again separate, within thirty (30) days of the parties' separation, the parties shall secure an appraisal of the aforesaid real estate which shall be through a mutually agreed upon realtor. The appraised value shall be accepted by the parties. as the fair market value of the property. Within thirty (30) days of the parties' separation, Husband shall then secure a statement from the mortgage holder indicating the payoff figure then due on the mortgage. Upon receipt of the appraisal referenced above and the payoff figure for the mortgage referenced above, the parties shall deduct the payoff figure from the appraised value of the property to determine the equity in the real estate. Upon determination of the equity in the real estate in this fashion, the parties shall designate one-half of the equity in the real estate as being the amount due and owing from Husband to Wife at any time in the future should he, at his sole discretion, determine that he wishes to "buyout" Wife's interest in the former marital residence. In the event that either party should prosecute and finalize a divorce action through receipt of a Decree in Divorce, Husband shall have sixty (60) days from the date of the Decree in Divorce to provide Wife with one-half of the equity as determined above through a refinancing and removal of her name as an obligor in the aforesaid mortgage, ~ -<'" '"..G."-~ Otherwise, in the event of the parties' separation, until the parties are divorced as described above, or until Husband determines at his sole discretion that he wishes to compensate Wife for her one-half equitable interest in the real estate, Husband shall be solely and exclusively responsible for the repayment of the mortgage referenced above. Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid mortgage. In addition, the parties are the joint owners of two time share real estate investments which are held in the parties' joint names. Each party shall retain one time share in their name alone. In the event the parties' reconciliation is not effectuated, the parties shall, within sixty (60) days of their separation, contact the appropriate parties to have a deed prepared conveying their respective interest in each of the timeshares to each other. In the event the parties cannot determine between the two of them which timeshare each shall retain, the parties shall determine by lot which timeshare shall be owned by which party. Any and all encumbrance of any nature on the respective timeshares shall be the sole obligation of the party retaining ownership of that timeshare. 3.7 Pension. Retirement. Profit-Sharing. Wile agrees to waive, transfer or relinquish any and all of her right, title and interest she has in Husband's retirement account through his military service or through his employment with the Federal Government. More specifically, Wile will execute any and all necessary documents to waive, transfer or relinquish her rights in the aforesaid military pension or Federal Government pension within fifteen (15) days of being requested to do so by Husband or his legal representative. ~'. ." ". t;,'; W lie hereby waives, transfers or relinquishes any and all right, title and interest she has in the aforementioned retirement as well as any other accounts Husband may have in his individual name or may have secure through his retirement accounts through his present or prior employment. Husband agrees to waive, transfer or relinquish any and all of his right, title and interest he has or may have in his individual capacity or as Wife's Husband's in any and all pension, retirement, profit-sharing, stock options or similar accounts with Wife's present or past employers or which Wile has secure independently. 3.8 Vehicles. The parties acknowledge that they have each retained for their use an automobile which they owned during their marriage and cohabitation. Each party shall retain sole and exclusive ownership and possession of the vehicle presently in their possession. Neither shall make any claim of any nature whatsoever relative to vehicle in the other parties possession. Any encumbrances on the vehicles shall be the sole and exclusive responsibility of the party retaining ownership of the vehicle. In the event it is necessary to execute any documents to waive relinquish or transfer ownership interest in the vehicle retained by the other party. Any such documents shall be executed within fifteen (15) days of being requested to do so. 3.9 Intan~ble Personal Property. The parties have already transferred or waived rights or interests in their intangible personal property including their various bank accounts, credit union accounts, investment accounts, and the like. Neither party shall make any claim of any nature whatsoever against the other relative to any financial accounts that continue to exist or any accounts that were closed by either party. Neither party shall make any demands for additional payment of cash from one to the other from the time of execution of this agreement forward. --' ~ !~ ARTICLE IV ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT. AND MAINTENANCE 4.1 . The parties herein acknowledge that they have each secure, maintained the substantial and adequate fund and income in which to provide themselves sufficient resources to provide for their comfort maintenance and support in station of life in which they were accustom. Husband and Wife each hereby to the other waive, relinquish and give up and rights that they may respectively have againstthe other for alimony, alimony pendente lite, spousal support, or maintenance. 4.2 Husband and Wile specifically waive, release and give up any rights for alimony, alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations Code. ARTICLE V DEBTS OF THE PARTIES .u The parties acknowledge that they have each incurred various debts of their own which are and shall continue to be their personal debts. Any and all credit cards, charge cards, personal loans, and the like which have been incurred by either party shall be the sole and exclusive responsibility for repayment by the party who initiated those accounts. Without consideration whether the other party "used" those accounts at any time during the parties marriage or cohabitation. Each party shall assume sole and exclusive responsibility for repayment of any such debts in a timely fashion and shall indemnify and hold harmless the other party relative to any payment or collection activity of any nature whatsoever on behalf of any such creditors from the date of final separation forward. ~ J,o", 5.2 Each party represents to the other that except as otherwise specifically set forth in the Agreement, and more particularly as set forth in subparagraph 5.1 above, there are no major outstanding obligations of the parties; that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE VI MISCELLANEOUS PROVISIONS .u Advice of CounseL The parties have been afforded the opportunity to review this agreement independently and with legal counsel of their choosing they have either secured independent legal counsel who fully explained to the respective parties the contents of the agreement. The parties further acknowledge that if they have not secured independent legal advice this is done, not without lack of knowledge of their right to retain legal counsel to advise them on this matter but by their own independent and voluntary decision to pursue this matter on their own without the assistance oflegal counsel. Under circumstances where either party has not retained legal counsel they have done so based upon their position that they understand the facts and the legal ramifications as well as the right to obligations under this agreement. They acknowledge and accept that this agreement is, under the circumstances, fair and equitable, that it is being entered into a freely involuntarily after having the opportunity to receive such advise and with knowledge that the execution of this agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreement. -J, .....'.,,1 ~~ ; "';j 6.2 Counsel Fees. Each party agrees to be responsible for his or her own legal fees and expenses, and each party hereby agrees to waive any claim for alimony, alimony pendente lite, counsel fees, expenses or costs. 6.3 Mutual Release. Husband and Wile each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, of any party thereof, whether arising out of any former acts, contracts, engagements, of liabilities of such other as by way of dower of curtesy, of claims in the nature of dower or curtesY of widow's or widower's rights, family exemption, or similar allowance, of under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, of all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendent lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement a full, complete, and general release with respect to any and all '. o~Jt:i property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof 6.4 Reconciliation. In the event that the parties should reconcile or attempt to reconcile such that they should again begin cohabiting as husband and wife, this Separation and Property Settlement Agreement shall remain in full force and effect. Any cohabitation or renewing of the parties marital relationship shall not have any effect whatsoever relative to the parties obligations under this agreement. In the event that the parties reconcile and wish to void or vacate this agreement, they must do so in writing and with the same formality as this agreement has been executed. 6.5 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt, liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising our of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of the Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. ~, , . ""-"" ~, l.i;c 6.6 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of -any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.7 Husband and WIfe covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.8 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 6.9 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.10 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.11 Severability. If any term, condition, clause, section, 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, and in all other respects, this "-" ~ ' ", l',,; Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.12 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.13 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of ever type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.14 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or W1fe until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained in stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as 'e" ~ - '~'-' ."';.-;jj well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of the Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~ R~oo#- ~A'..L ~ C/~ ~c~ , r_ , '.. ~' , - I, ,.', U~-:'i COMMONWEALTH OF PENNSYL VANIA ) ) SS COUNTY OF CUMBERLAND ) -t/'v On this the Ifl day of ~~ , 1999 before me, the undersigned officer, personally appeared ROGER E. OTT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. & P J/tJ~) NOTARIAL. SEAL GAIL P. STRICKLER, Notary Public Camp Hill, Cumberland County My Commission Expires Feb. 3, 2003 COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF CUMBERLAND ) ~ On this the rlf day of ~ officer, personally appeared LINDA C. OTT, known to me (or satisfactorily proven) to be the , 1999, before me, the undersigned person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. x!kuL y:J~n,,#bl - NOTAFlIALSEAL GAIL P. STRICKLER, Notary PubIlc Camp Hill, Cumberland County My Commission Expires Feb. 3, 2003 , . ! ~, , / / / -, liit, IN THE COURT OF COMMON PLEAS OF CUNfBERLAND COUNTY . , PENNSYLVANIA ROGER E. orr, Plaintiff No. 00-3113 r" v. CIVIL ACTION . LAW -= LINDA C. orr, Defendant IN DIVORCE ., ,. COUNTER-AFFIDAVIT UNDER SECTION 3301(11) OF THE DIVORCE CODE .. I. Check either (a) or(b): ( ) (a) ! do not oppose the entry of a divorce decree. IN. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): N (i) least two years; The parties to this action have not lived separate and apan for a period of at ( ) (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ( ) (a) I do not ",ish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, la"'yer's fees or expenses if I. do not claim them before a divorce is granted. ~ (b) I wish to claim economic relief which may include alimony, division of property, la",yer's fees or e;>;penses or other important rights. I understand that in addition to checking (b) above, I must also file all my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without timher delay. I verify that the statements made in this counteraflidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.e.S. ~4904 relating to unsworn falsification to authorities. ~~~ C~ tJ;C L C. orr ( I Date: (, ,';'" ~ i .r)('- , NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE TIllS COUNTER AFFIDAVIT. EXHIBIT "D" lltlft.~L~ '~=" -~:oMiW!I~miilli"-"'""""'lil~j<t;jo';l'~"'~'~' ~-'~iitJi;;U~b",~~"~ .:L'Jll '"~'~ - _._>~-' . li~l ( ~, ~: ~~. . C) C.- -,-. -< C:'; '----..) T;-", ,,) . . , ' ()"; '~ 0,...,J 1 "'-.:" -< , . ROGERE.OTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. LINDA C. OTT, Defendant : NO. 00-3113 CIVIL TERM : IN DIVORCE ORDER OF COURT AND NOW this ~ day of ~-t , 2000, upon presentation and consideration of the' within Petition for Continuance, the Rule previously issued upon the Defendant, Linda C. Ott, by Ord'1r of Court dated August 8, 2000, is modified such that the Rule is now returnable at a hearing to be held on Y...Iu.vwdo.;;- ,the /ard day of ~ ,2000, at q; 3 (j o'clock c....., .m. in Courtroom Number 4 of the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania. BY THE COURT, cc: Bradley L. Griffie, Esquire Attorney for Plaintiff ~~'Ji 4- :Y ,~ L~ 0..,00 CO'} ~ Linda C. Ott, pro se f""",, , ' iIIllii.. r-'L'"['" ",\,-.., ,'- I'" ,- >--f .I....I...,r - OF '! f if": I.~;~ 6f:.'!:~:/:=nARY 00 MJG 29 ':,' f' nJ 11 ~',' J:! J ' ... . c, -,' CUMGH'1, i"'L" r-r':,'J",rrv - .., >",-.-I!, PENNSYLVc,NfA . . . ~fC U!~1!l!1!M!14!"'>, fi1~!l~~, - - ^ _~." ~~I~~~I~-,l1l'~~l~~,g~~'l~.ffi~m'Il~:~mW~H1ll!i!ftil1lIJJ;"~~~'~_...T"," .,,_~~ .=~" - '~ ill , " ROGER E. OTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CNIL ACTION - LAW LINDA C. OTT, Defendant : NO. 00-3113 CIVIL TERM : IN DIVORCE PETITION FOR CONTINUANCE AND NOW comes Petitioner, Bradley 1. Griffie, Esquire, and petitions the Court as follows: 1. Your Petitioned is counsel of record for the above named Plaintiff, Roger E. Otto 2. Petitioner has filed a Petition for Special Relief and Rule to Show Cause on behalf of the Plaintiff, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A." 3. The filing of the Petition caused a Rule to be issued upon the Defendant/Respondent at a hearing to be scheduled for Thursday, August 24, 2000, at 9:30 a.m. in Courtroom number 4 of the Cumberland County Courthouse. 4. Defendant/Respondent was previously represented by Keith B. DeArmond, Esquire, in proceedings before the Honorable Court relative to PlaintifflPetitioner's prior Petition for Exclusive Possession. 5. A copy of the Order of Court and Rule to Show Cause was served upon Keith B. DeArmond, Esquire, as attorney for Linda C. Ott, promptly upon receipt of the Order and Petition from the Court. -,,'"~ 6. By faxed correspondence received August 21,2000, Petitioner was notified by Keith B. DeArmond, Esquire, that he was no longer representing Ms. Otto 7. At this time, Petitioner and his client do not have proof of service upon the Defendant/Respondent and have no means of anticipating whether she is aware of the scheduled hearing through Attorney DeArmond. 8. To avoid complications that would be associated with Defendant's failure to appear at the hearing or her appearance without counsel, petitioner requests your Honorable Court to reschedule the hearing in this matter to a later date. 9. Due to the late notice received by Petitioner that prior opposing counsel will not be representing Defendant/Respondent, at this time, it is impossible to give notice to the Defendant/Respondent of the filing of this Petition in order to allow her to respond. 10. Correspondence has been forwarded to Defendant/Respondent notifYing her that a Petition for Continuance is being filed, a copy of said correspondence being attached hereto and incorporated herein by reference as Exhibit "8." WHEREFORE, Petitioner requests your Honorable Court to reschedule the hearing in the above captioned action. Respectfully submitted, ._~ ~ "j , .., ". ........''''--oil, t VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE:-1d.;t ~ od FIE, ESQUIRE ";",,,],- "'\I",} , AlJG ~2a'r .. ,. . ROGER E. OTT, PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. LINDA C. OTT, : NO. 00-3113 CMLTERM Defendant/Respondent : IN DIVORCE ORDER OF COURT A1~ RULE TO SHOW CAUSE AND NOW, this g-tbday of ~Ll.3lJ.S ~ ,2000, upon presentation and consideration of the within Petition for Special Relief and Rule to Show Cause, a Rule is hereby issued upon the Defendant, Linda C. Ott, to show cause, if any she has, as to why her request for economic relief on the Counter-Affidavit Under 93301 (d) of the Divorce Code filed in this action should not be dismissed based upon the fact that the parties previously entered. into ,.a.comprehensiv.e Separation and Property Settlement Agreement. The Rule is returnable at a hearing to be held on day of q Ll3 Ll5 r IFiLlrsd~ ,2000, at q:36 o'clocka/m. in Courtroom number the j. 4+~ /, of the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania. BY THE COURT, J. cc: Bradley L Griffie, Esquire Attorney for Plaintiff EXHIBIT "A" TRU': COpy FROM RECORD In Testirno:,'.' '":hereaf, ! here unto set my hand and the soa; 0;1:' sa:d Court Carlisle, Fa. ~:J d y of . mUST QQ "............. 1~ . __ _4'0 Pro ryonotary Keith B DeArmond, Esquire Attomev for Defendant . .~ " W.......',Iiiil, ,. ROGER E. OTT, PlaintifiiPetitioner : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V A1'IIA CIVIL ACTION - LAW v. LINDA C. OTT, : NO. 00-3113 CNIL TERM DefendantJRespondent : IN DIVORCE PETITION FOR SPECIAL RELIEF AND RULE TO SHOW CAUSE AND NOW comes Petitioner, Roger E. Ott, by and through his counsel of records, Bradley L Griffie, Esquire, and petitions the Court as follows: L Your Petitioner is the above named Plaintiff, Roger E. 011, an adult individual currently residing at 1022 Teakwood Lane, Enola, Cumberland County, Pennsylvania. 2. Your Respondent is the above named Defendant, Linda C. Ott, an adult individual currently residing at 402 North Second Street, Harrisburg, Dauphin County, Pennsylvania. 3. The parties are parties to the above referenced divorce action which was initiated by Petitioner by filing a Complaint in Divorce pursuant to g3301(c) and g3301(d) of the Divorce Code, a copy of said Complaint being attached hereto and incorporated herein by reference as Exhibit "A." 4. Respondent previously filed a Complaint in Divorce which was docketed to Number 98-7165 Civil Term in the Court ofComrnon Pleas of Cumberland County, a copy of said Complaint in Divorce is being attached hereto and incorporated herein by reference as Exhibit "B," . . ""i> .. 5. Although the prior Complaint in Divorce filed by Respondent was withdrawn by new counsel, a copy of the Praecipe withdrawing the Complaint was never received by the Petitioner or his legal counsel of record. 6. The parties are subject to a Separation and Property Settlement Agreement that was entered into between the parties on July 19, 1999, a copy of said Separation and Property Settlement Agreement being attached hereto and incorporated herein by reference as Exhibit "c." 7. Subsequent to the parties entering into the aforesaid Separation and Property Settlement Agreement and the filing of the service of the present Complaint in Divorce and, Respondent has filed a Counter-Affidavit under g3301(d) of the Divorce Code, a copy of said Counter-Affidavit being attached her:eto and incorporated herein by reference as Exhibit "D." 8. As all of the parties economic issues that could have otherwise been raised in the instant divorce proceedings were resolved through the Separation and Property Settlement Agreement that was entered into between the parties on July 19, 1999, Respondent's claim for economic relief at this time is without basis and, therefore, should be stricken. 9. Petitioner should not be obligated to pursue this matter through additiona11itigation associated with the Master's involvement in this case a the economic aspects of the divorce case have been resolved by the parties entering into the aforementioned Separation and Property Settlement Agreement. ,',. " .",1 ~ --~'~* 10. Respondent has, likewise, filed for spousal support through the Cumberland County Domestic Relations office, which request for spousal support is being denied by the Petitionerher~in due to the fact that the parties resolved the issue of spousal support in the Separation and Property Settlement Agreement. 1 L It is necessary for the Court to determine the enforceability of the Separation and Property Settlement Agreement dated July 19, 1999, in order to facilitate a resolution of the various economic issues that have been raised by Respondent. WHEREFORE, Petitioner requests your Honorable, Court to issue a Rule upon Respondent, Linda C. Ot!, to show cause, if any she has, as to why the parties Separation and Property Settlement Agreement should not be upheld and found binding against her, thereby resolving the economic claims that she has made in her Counter-Affidavit under ~3301(d)ofthe . Divorce Code and in her request for spousal support and allowing there claims to be dismissed. Respectfully submitted, ri e, Esquire for P intiffi'Petitioner IE & SSOCIA TES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 -, , . A ~~ '~~.",,~, VERIFICATION I verify that .the statements made in the foregoing document are true and correct.. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: 7~ ~~ ROGE E. 'IT, PIaintifii'Petitioner ~-~,-~ ~' ROGER E. on, . Plaintiff IN r.dE COtTRT OF COMMON PLEAS OF Cl'.J1v!BERIA'<'D COUi'ITY, PD'NSYL VA...'<'1..-'\ vs. illlDA C. on, Defendant : ;';O.co-jJIJ CIVIL TER.'vf : IN" DIVORCE NOTICE TO DEFE~"D A.,,'1l) CL-'\IM RIGHTS You have been sued in Coure. If you wish to defendant agai= !:he claims ~ for-Jl in the following pages, you :!lUSt take prom-pt action. You are warned that ii you fail to do so, the case will proc..>>ed without and a decree in divorce or :umulmem IIlaY be =ered against you by the Court.. Ajudgmem: =y also be entered. agains:: you for my other cl.aim or relief requested in these papers by the Plaimifi: Yau may: lase money or property or other rights impOrtant to you, including CUStody or visitation of your cbiIdren. When. the ground for the divorce is indignities or irretrievable bre3kdov.'U of the marriage, you may request marriage counseling. A list of marriage ,co"""~e!ors is available in the Office of the Prothonotary a1: Cumberlanci County CoUIthouse, Cari.isle, Pennsyiva."lia. 17013. IF YOU DO NOT FILE A CL\Th;{ FOR .~lMONY. DIV1SION OF M..lc.~AL PROPERTI, L~WYER'S Y::..J::S, OR EXPDlSES BEFORE A DIV'ORCE IS GR.A.N'TED YOU MAY LOSE n-::E RIGHT TO CUD[ .';';''\j''''{ OF THEM , YOU SHOi.;W T.';';'r.::E nITS PAPER TO YOLK LAWYER ..l...T m.CE. IF yoe DO ::-;OT H.A v::: A L.-\\'/'r:"E?. OR C';';''''"NOT ..lw.-""FORD O~l;. GO TO OR rEi ~'?H01'o-.E TEE Ot't'lCE SET FORTH BELOW TO f0'D OCT \'I;1-.J:...."<.E YOU c.A..'i GET LEGAL E-:i=T P Cumberland County Bar ..l",;sociation T',.,o Liber.y Avenue Carlisle, Pennsylva..1ia 1 iO 13 (-'-) '<9 ~l" J.l.1 _:0,. -.J co EXHIBIT "A" , -~ "'"'!cl10 , R,Oq.c.R E. OTT, P lainriff IN' THE COURT OF COMMON PLEAS OF ClJMBERL.A.i'\iD COUl';'TY, PE>lN'SYL V.A.i"'1..~ vs. NO. Crvn. TER:.\i UN1)A C. OTT, Defendant IN'DIVORCE '- .-= COMPUTh"T IN DIYORCE ~ . . .. 1 Plaimi:ff is Roger E. Ott, an adult individual C'.lITently residing al: 1021 f clwo6.d. -c -- ~, . -' Lane, .E.:1ola., Cumberland County, Pennsylvania.. p':ointi:ff has resided at chis ae.dress sin~ September 1985. 2. Defelltl""", is Linda C. Ott, an adult individual whose current address is unknown to Pl:oTnriff 3. Plainriffis a bonafide resident of the Commonwealth ofPe:msylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. P!aimiffand Defendant were married on October 3, 1916 in Bro~ New York. 5. Tnere have been no prior actions for divorce or annuime.'1t berwe--..n the parties except an action which was filed by Defendant on December 21, 1998 docketed to ;:';0. 98- ;165 in the Court of Common Pleas of Cumberland Coumy, which action was dismissed on ~farch 27, 2000. 6. 1':1e Defendant lS not a member of tc1e Cnites States .A.rmed For:es or its ,~es. i. P!ainu~ has b~n ad',ised or the availability of counseling and the right to re::;ue5<: that the Court require the parties to paricipate in counseling. Kno'J;in~ this, Plaintif does not desire that the CoUrt require the par~es to participate in counseling. 8. Plaintiff alia Defendant are citizens of the United States of ..l..menca. -. " . ' '- , - '"- , 9. roe parties' marriage is irretrievably broken. 10. Pl"inriff desires a divorce based. upon the belief that Defendant "Will, niner] days from the date of service oftllls Complaint, consent to this divorce. CO~l IT 1 L Paragraph 1 through 10 are incorporated herein by reference as if set for-Jl in their full te:a:. 12. The parties have been living separare and apart since Dec=ber 17, 1998. ViEEREFORE, plaintiif requests your Honorable Court to emer a d=e In divorce pursuaIIt to Section J3Q I( d} of the Domestic Relatioos Code. WHEREFORE, plaintiff reques-..s your Honorable Court to e:u:er a d== in divorce pursuant to Section 330 1 (c) of the Domestic Relations Code. Resoec:fuilv submitted, .. ", GRImE .& ASSOCIATES j L. Grime, Esquire - pI' .- , . .orne;.' tor .anmtt zoo ::ior.h F.anover Street Carlisie. ? A. 1 iO 13 1'-1-\""'\ ,"'" ~~~, ,i :)_-J-..._..~ ('O~()) . . - ",~ .~V.J J~I"...'....._ ,__L.1'; " ~..""'<:"-- , ROGER E. OTT, , Plaintiff : IN THE COURT OF COMMON PLEAS OF CU1vfBERLA1.'<1) CQ\JN'TY, PE-;'NSl::L V A:.'<"IA 'IS. NO. CIVIL TER:.'\i! LTh1)A C. OTT, Defendant IN DIv'ORCE NOTICE TO TIrE DEFENDA.'t"T If you wish co deny any of me S'"..ar=ents set forJ1 in this affidavit, you W1lSt file a coum&-,-Aidavit within cwemy days after this affidavit has be---n served. on you or me state:nems ..,ill be admitted.. l'UTI'llil' 1"5 AFFIDA vrr U!';l>ER SECTION 330Hd) OF THE DrvORCE CODE 1. To.e parties to this action separated on December 17, 1998 and have continued to live separate and apan since that time. 2. The nwriage is irretrievably broken. 3. I unders-..and iliat I may los<: ri:;hts concerning alimony, division of property, la"W-yer's fees or expenses ifl do not claim chern before a divorce is granted. I veritY that the >rate:nents made In this affidavit are true and correct. I unders-..and that false S'".arements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to l.mswol"7l. ralsmcarion to authorities. DATE: j~it) / / ~4F ROGER' E. OTT, Ptalntiif I ~ '. I verify that the S".atements made in the foregoing doa.tment are true and correct. I understand that false statements herein are made subject to the pena..fties or 18 Pa.c.s. :n4:;oo~m~_::;(# . 'I I I I ". _L.< Ii., Linda Camille On, Plaint~ IN THE COURT OF COMMON PLEAS aTMBERLA.i.'\iD CmINTY, PD"NSYL V &'\/1.-\ vs. No. q8"- ~fG5 Roger Edwin On, Defendant IN DrvORCE NOTICE TO D~'D ,~~'D CLAIM RlGHTS You have been sued in court. If you wish to defend ~=in<t the claims set fonh in the following pages, you must take prompt. a...-ti0il: Y 0lr a.:~ ~'"!!ed .h=!f you !;oiJ to. do so the case may proceed without you and a decree of divorce or ~nnlllmem may be entered ~T'ln<01: you by the court. A judgment may also be entered ~g:"in'<t you for any other claim or relief requested in theses papers by the pla.intiff. 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 counselor; is available in the Office of the Prothonotary at Room 100, Cumberland County Courthouse, 1 Courthouse Square, Carlisle PA 17013. IF YOU DO NOT FILE A CLAL.\'I FOR ALIMONY, DIVISION OF PROPE.RTY, LAWYER'S FEES OREXPEJ."fSES BEFORE A DIVORCE OR A...'n'HJL"~i IS GRA.NTED, YOU MAY LOSE THE RIGHT TO CLAIM ,~'l-Y OFTHE~I. YOU SHOULD TAKE THIS PAPER TO YO{;"R LAWYER AT ONCE. If YOU DO NOT HAVE A LAWYER OR CA.J.''-NOT AFFORD Ol'fE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIi.';1) ODi WHERE YOU CA...'f GET LEGAL HELP. Cumberland County Lawyer Referral Ser.;ice Cumberland County Bar Z Liberty Avenue Carlisle. PA 17013 (717) 249-3166 EXHIBIT "B" TRUE COpy FROM RECORD In T~s"-J"nv ,~""......-' I ~I -'" f.-,",..... -..., "~a !;o l..t.l.... '] ~.~...U1~. i'el"" _It..~,.,;)IIt\.;:r) t~{ and the saaJ 01 said Cot..H't at Carlisle, Fa. fhis dlS+ day R!-~"" .. ",19 98: , , \ \ ,\n j '\ 0<lfSA\"'i\Ic..~q- Prothonotary c " ; l , c ~b , ." Linda Camille Ott, Plaintiff, IN' THE COljRT OF CO~fON PLEAi CL'MBERLAi.'fD COlTNTY, PB-iNS1D'A..'-l1A vs. Roger Edwin On, Defendant No. IN'DIVORCE COMPLADrr l'N'DER SECTION 330 l(c} OF T"dE ONORCE CQI'E 1. Plaintiff is Linda Camille Ott, who curremly resides at 8 West DulisDr., Apt. 8-H, Camp HilL Cumberland County, Pennsylvania, 17011,:Ee Friday, December \8, \998. :. Defendant is Roger Edwin Ott., who currently resides at \ 022 T eaSliood Lane, Enola, Cumberland County, Pennsylvania, 17025. Plaintiff bas ieta bona fide residem in the Co=onwealth for at least six momhs immedillllitly previous to the fifutg of this Complaint. 3. The Plaintiff and Defendant were married on October 3, 1976, in~New York. 4. There have been no prior actions of divorce or for ~nnnlmelIt betvelttlie parties. 5. The marriage is irretrievably broken. 6. Plaintiffhas been advised that counseling is available and that PlaillifE'may have the right to request that the court require the parties to participle in counseling. 7. After ninety (90) days have elapsed from the date of the filing oftlE, Complaint, Plaintiff intends to file an affidavit consennng to a di~ Plaintiffbe!ieves that Defendant may also file such an affidavit. 8. Plaintiff avers that there is one children of the marriage under the 8!'crt eighteen (18) years: Christopher Paul Ott; DOB: loi19/82. 9. Plaintiff avers that Defendant is not a member of the armed servi=,~ is n<lC entitled to relief under the Soldier' 5 and Sailor' 5 Relief .~C't. WHEREFORE, ifboth parties file affidavits conseming to a divarce ai:w:llinety (90) days have elapsed from the date of the filing of chis complaint, Plainti:ff~lly requests the Court to emer a decree of divorce pursuant to~330 1 (c) afthe Diwn:eCode. I verify mat the StatementS made in this Compiaint are ,rue and correc"__l understand that false s-..atements herein are made subject to the penai1:ies of \8 fLc..S. 94904, relating ta unsworn tal.sltication ta authorities. (~c.lft..t:... Date: 1..s.1J//ti PI~y : I I C ~ '- . J;.,./rr 'ctf. Attorney far Pl' _ J ('7/ "( )..f3 '9" -.l.i.w- - ""- .~ "<'-''-.;', '. '-#. ._ t. SEP AR~ nON AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this / tf day of /v ~ 'I 1999, by and between ROGER E 01T, of 1022 Teakwoo-d Lane, Enola, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Hushant:!', AND LINDA C 01T, of 1022 Teakwood Lane, Enola, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as ~W'ife", WITNESSETII: WHEREAS, Husband and Wile were married on October 3, 1976, in Bronx, New York; WHEREAS, Husband and Wile are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences had arisen between the partie~ hereto which made them desirous of living separate and apart from one another; WHEREAS, the parties previously separated but are presently attempting a reconciliation of their relationship; WHEREAS Husband and Wile desire to settle and determine certain of their marital , rights and obligations, and make an equitable distnbution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; V/HEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties in the event they would separate physically and in their marital relationship; EXHIBIT "e" LJ"_ '.&.. " "l"r l~~, '.'" WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportUnity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, TEEREFORE, the parties hereto in consideration of the mutUal1y made and to be kept promi~ set forth hereinafter and for other good and valuable consideration., and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION .u It shall be lawful for Husband and Wile at all times hereafter..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 contro~ restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The forgoing provisions shall not be taken to be an admission on the part of either Husband or Wile of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DI\lORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made , , ~. " .~k.' -: I subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing. instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall, be instituted by the other party, or making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wile, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wue to execute the Agreement. Husband and Wile each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole ofin part. Husband and Wile do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever by estopped from asserting any illegality or unenforceablility as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distnoution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation of divorce in any other state, country, or jurisdiction, each of the panies to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. -". ~, 2.3 This Agreement shall survive any decree in divorce and shall by forever binding and conclusiv~ on the parties. It is understood by and betWeen the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE ill EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contn'bution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is _to become effective; and whether the parties will be serving as the custodian of any dependent minor children.. --- .~ .'. ~ ~ . .. '. ' 3.2 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 effected without the introduction of outside funds or other property not constituting marital property, with ex:-ception of the mortgage of the real estate described in paragraph 3.6 herein. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parries. ~ ~ II Personal PrOJlerty. The parties acknowledge that they have divided their persona.! property, tangtole and intangtble, to their mutual satisfaction. The parties further acknowledge that they have the cash, accounts, or other tangible and intangtble property in their possession that they wish to have and neither will make any claim whatsoever against the other party for any other items of personal property of assets that in other party's possession. 3.4 Life Insurance. Each party agrees that the other party shall hive and retain sole ownership and possession of any life insurance policy owned by the other party. Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who owns such policies. 3.5 Subseauentlv Acquired Property. Husband and Wue hereby waive and relinquish any and all rights that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquire by the other party. Husband and Wue specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. c_ '"" '. ~"<--( 'il'~kJ .. 3.6 Real Estate. The parties are presently the joint owners of real estate located at 1022 Teakwood Lane, Enola, Cumberland County, Penitsylvania and hold title as tenants by the entireties. The aforesaid real estate is presently encumbered with a mortgage due and owing to Members First Federal Credit Union. In the event the parties' attempted reconciliation does not lead to a final reconciliation, and the parties again separate, within thirty (30) days of the parties' separation, the parties shall secure an appraisal of the aforesaid real estate which shall be through a mutually agreed upon realtor. The appraised value shall be accepted by the parties as the fair market value of the property. Within thirty (30) days of the parties' separation, Husband shall then secure a statement from the mortgage holder indicating the payoff figure then due on the mortgage. Upon receipt of the appraisal referenced above and the payoff figure for the mortgage referenced above, the parties shall deduct the payoff figure from. the appraised value of the property to determine the equity in the real estate. Upon determination of the equity in the real estate in this fashion, the parties shall designate one-half of the equity in the real estate as being the amount due and owing from Husband to Wile at any time in the future should he, at his sole discretion, determine that he wishes to "buyout" Wile's interest in the former marital residence. In the event that either party should prosecute and finalize a divorce action through receipt ofa Decree in Divorce, Husband shall have sixty (60) days from the date of the Decree in Di:vorce to provide W1fe with one-half of the equity as determined above through a refinancing and removal of her name as an obligor in the aforesaid mortgage. ,. ~ .J'ji!; Otherwise, in the event of the parties' separation, until the parties are divorced as descnoed above, or until Husband determines at his sole discretion that he wishes to compensate WIfe for her one-half equitable interest in the real estate, Husband shall be solely and exclusively responsible for the repayment of the mortgage referenced above. Husband shall indemnify Wile and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid mortgage. In addition, the parties are the joint owners of two time share real estate investments which are held in the parties' joint names. Each party shall retain one time share in their name alone. In the event the parties' reconciliation is not effectuated, the parties shall, within sixty (60) days of their separation, contact the appropriate parties to have a deed prepared conveying their respective interest in each of the timeshares to each other. In the event the parties cannot determine between the two of them which timeshare each shall retain., the parties shall determine by lot which timeshare shall be owned by which party. Any and all encumbrance of any nature on the respective ..tirneshares shall be the sole obligation of the party retaining ownership of that timeshare. 3.7 Pension. Retirement. Profit-Sharin~. Wile agrees to waive, transfer or relinquish any and all of her right, title and interest she has in Husband's retirement account through his military service or through his employment with the Federal Government. More specifically, Wile will execute any and all necessary documents to waive, transfer or relinquish her ri,ghts inthe.afor.esaid military pension or Federal Government pension v.ithin fifteen (15) days of being requested to do so by Husband or his legal representative. -, . .,; ,', . "~il, Wile hereby waives, transfers or relinquishes any and all right, title and interest she has in the aforementioned retirement as well as any other accounts Husband may have in his individual name or may have secure through his retirem~t accounts through his present or prior -employment. Husband agrees to waive, transfer or relinquish any and all of his right, title and interest he has or may have in his individual capacity or as Wile's Husband's in any and all pension, retirement, profit-sharing, stock options or similar accounts with Wile's present or past employers or which Wile has secure independently. 38 Vehicles. The parties acknowledge that they have each retained for their use an automobile which they owned during their marriage and cohabitation. Each party shall retain sole and exclusive ownership and possession of the vehicle presently in their possessicn. ,Neither shall make any claim of any nature whatsoever relative to vehicle in the other par-..ies possession. ANI encumbrances on the vehicles shall be the sole and exclusive responsibility of the party retaining ownership of the vehicle. In the event it is necessary to execute any documents to waive relinquish or transfer ownership interest in the vehicle retained by the other party. Any such documents shall be executed within fifteen (15) days of being requested to do so. 3.9 Intamrible Personal Propertv. The parties have already transferred or waived rights or interests in their intangible personal prqperty including their various bank accounts, credit union accounts, investment accounts, and the like. Neither party shall make any claim of any nature whatsoever against the other relative to any financial accounts that continue to exist or my accounts that were closed by either party. Neither party shall make any demands for additional payment of cash from one to the other from the time of execution of this agreem~nt forward. L ,- '~" " -~ .~ ~" " " , ARTICLE N ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT. At'ID MAINTENANCE D. The parties herein acknowledge that they have each secure, m<l;n1'~iTled .the-substantialand adequate fbnd and income in which to provide themselves sufficient resources to provide for their comfort maintenance and support in station of life in which they were accustom. Husband and Wile each hereby to the other waive, relinquish and give up and rights that they may respectively have against the other for alimony, alimony pendente lite, spousal support, or maintenance. 4.2 Husband and Wue specifically waive, release and give up any rights for alimony, alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations Code. ARTICLE V DEBTS OF THE PARTIES 5.1 The parties acknowledge that they have each incurred various debts of their own which are and shall continue to be their personal debts. Any and all credit cards, charge cards, personal loans, and the like which have been incurred by either party shall be the sole and exclusive responsibility for repayment by the party who initiated those accounts. Without consideration whether the other party "used" those accoums at any time during the parties marriage or cohabitation. Each party shall assume sole and exclusive responsibility for repayment of any such - debts in a timely fashion and shall indemnifY and hold harmless the other party relative to any payment or collection activity of any nature whatsoever on behalf of any such creditors from the date of final separation forward. J_ ,'0, ';''''-, J'" , , . , " 5.2 Each party represents to the other that except as otherwise specifically set forth in the Agreement, and more particularly as set forth in ~bparagraph 5.1 above, there are no major outstanding obligations of the parties; that since the separation neither .Party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE VI MISCFT T A..'J'EOUS PROVISIONS QJ. Advice of Counsel. The parties have been afforded the opportunity, to :review this agreement independently and with legal counsel of their choosing they have either secured independent legal counsel who fully .explained to the respective parties the contents of the agreement. The parties further acknowledge that if they have not secured independent legal advice this is done, not ",ithout lack of knowledge of their right to retain legal counsel to advise them on this matter but by their own independent and voluntary deciSion to pursue this matter on their own without the assistance oflegal counsel. Under circumstances where either party has not retained legal counsel they have done so based upon their position that they understand the facts and the legal ramifications as well as the right to obligations under this agreement. They acknowledge and accept that this agreement is, under the circumstances, fair and equitable, that it is being entered into a freely involuntarily after having the opportunity to receive such advise and with knowledge that the execution of this agreement is not the result of "any -duress=or'undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreement. .~~ L ~. .~ ~ '~. ,"- "<-Ie. .,' .iM " , " , " , 6.2 Counsel Fees. Each party agrees to be responsible for his or her own legal fees and expenses, and each party hereby agrees to waive any claim for alimony, alimony pendente lite, counsel fees, expenses or costs. 63 Mutual Release. Husband and Wile each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, of any party thereof; whether arising out of any former acts, contracts, engagements, of liabilities of such other as by way of dower of curtesy, of claims in the nature of dower or curtesj of widow's or widower's rights, family exemption, or similar allowance, of under the intestat.e laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, of all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendent lite, counsel fees, costS or expenses, whether arising as a result of the marital relation or ot~erwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement a full, complete, and general release with respect to any and all , _~~L~. - '. . -~ ~'MI, ., '. , property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreemeilt or for the breach of any thereof. 6.4 Reconciliation. In the event that the parties should reconcile or attempt to reconcile such that they should again begin cohabiting as husband and wife, this Separation and Property Settlement Agreement shall remain in full force and effect. Any cohabitation or renewing of the parties marital relationship shall not have any effect whatsoever relative to the parties obligations under this agreement. In the event that the parties reconcile and wish to void or vacate this agreement, they must do so in writing and with the same formality as this agreement has been executed. 6.5 Warranties. Each party represents that they have not heretofor~ incurred or contracted for any debt, liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for n=sities, except for the obligations arising our of this Agreement. Husband and Wile each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of the Agreement, except as is ou1erwise specifically provided for by the te~s of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. --,. ~ -'d~M.' ., '. , '. . 6.6 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of'any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.7 Husband and W rre covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.8 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 6.9 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors., administrators, successors and assigns. 6.10 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations betWeen them. There are no representations or warranties other than those expressly set fonh herein. 611 Severability. If any term, condition, clause, section, 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 ,..ricken from this Agreement, and in all ot.1er respects, this "'.....-k. -.J-' ~ ,~ ~l!il ., , , . " . Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligatio~ of the parties. - 6.12 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wtfe, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.13 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of ever type whatsoever, and all other facts relating to the subject matter of this Agreement. 614 Enforceabilitv and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or W tfe until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of th: consideration for all agreements herein contained in stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as ..~ _. - ,--. .. , . . I' " . well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to.. Sue for damages for such breach or to seek such other and additional remedies as may be available to him 'or her inch1ding .,equitable enforcement of the Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ?oT df(~ ~c/~ L C. orr .' ,A '" ',L ,-'- ,. _' -r.'~ ;'1. '~, "~ ,,,,,",, ,'P,"~j- "" ~>.' "'~"''; ,.",( -i " " . I. , " , COMMONWEALTII OF PENNSYL V Ai~ ) ) SS COUNTY OF CUMBERLAND ) 1;l On this the /1 day of t?cd<ff - , 1999 before me, the undersigned officer, personally appeared ROGER E. OTI, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within A.greement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS 'WHEREOF, I hereunto set my hand and official seal. ~ y x/t/e/;/O) NOTARIAL SEAL GAIL P. STRICKLER, Notary Public Camp Hill, Cumberland County My Commission Expires Feb. 3, 2003 COMMONVlEAL TII OF PEN'NSYL V Ai~ ) ) 5S COUNTY OF CUMBERLAi.'lD ) -t1- On this the 10( day of Itt,~ /.--tLJ.-, To officer, personally appeared LINDA C. on, known to me (or satisfactorily proven) to be the , 1999, before me, the undersigned person whose name is subscn'bed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official :;.eal. ~ - /J J! r Y/..X.!./ f' j, hh / NOTAAlAL SeAl. GAil P. STRICKLER. Notary PtJbllc Camp Hm. Cumberland County My Commission Expires Feb. 3. 2003 - .~ I ',' ~"-". . "L-"nl . , " f '1 , IN THE CQ1JRT OF COlvLYfON PLEAS OF CUr.-.lBERl.AJ.'\ID COUNTY, PEN'NSYL V AJ"<1A .. . ~ r ROGER E. OTT. Plaintiff No. 00-3113 ,..- v. CIVIL ACTION - L-\ W -= Llli'DA C. OTT, Defendant IN DrvORCE ,. COuxtER-AFFIDA VIr UNDER SECTION 330I(d) OF THE DIVORCE CODE. 1. Check either (a) or (b): ( ) (a) ! do not o;:pose the entr"f of a divorce decree. (;4 (0) I oppose the entty of a divorce decree because (Check (i), (n) or both): 9<) (i) least two -:-ear5; The parties to Uris action have not lived separate and apart for a period of at ( ) (Ii) The marriage is nQt inetrie-.-ably broken. 2. Check either (a) or (b): ( ) (a) I do not ",ish to make any claims for =nomic relief. I understtttdthat I may lose riglus concerning alimony, di;ision of propeny, lawyer's f= or e.'I.-peIJSeS if I. do not claim them before a di;'orce is granted. - o (b) I wish to claim economic relief which may include alimOny, di;ision of propeny, la"''Yer's fees or ~-penses or other important rights. I understand that in addition to checking (b) above, I must also file all my economic claims with the Prothonotarj' in ",Tiring and serve them on the, other party. If I fail to do so before the date set forth on the )lonce of1ntention to Request m...orce Decree, the divorce decree may be entered without further .jdiay, I verifY that the statements made in this counteraffidavi.t are t:rue and correct. I undernand that false statements herein are made subject to the penalties of 18 Pa.C.S. J~904 relating to unsworn falsification to authorities. ~~~~C:I1;c L IC.OTT ' D . r" (.. ate. .1 ! _'. >, - NOTICE: IF YOU DO NOT WTS"d TO OPPOSE T.>tE aIRY OF A OrvORCEDECREE A.'<'D YOU '00 NOT W1SH TO ~1AKE ANY CL.A.Th-i FOR ECONOMIC RELIEF, YOU SHOuLD NOT FU.E THIS COUNTER Ar""FlDA VIT. EXHIBIT "n" "~ ". ' .' .:""~ b .. " It GRIFFIE & ASSOCIATES Attorneys and Counselors At Law Bradley L. Griffie, Esquire . .. 200North_..Street Qutis1e, PA 17013 (717) 143-5551 1(800) 347-5552 FIJX(717)14J-5063 Reply to: CarIIsIe 38 North_Street Cluunbenboq,PA 17101 (717)1Ii7-1350 Robia ~ Goshom LiIgol A.uisttmt August 22,.2000 Linda C. Ott 402 North Second Street Harrisburg,PA 17101 RE: Order of Court and Rule to Show Cause Dear Ms. Ott: I had previously notified your prior counsel, Keith B. DeArmond, Esquire, that we were filing a Petition for Special Relief and Rule to Show Cause. That Petition was filed and a hearing was scheduled for Thursday, August 24,2000, at 9:30 a.m. On August 21, 2000, I was notified by Mr. DeArmond that he was not representing you in this matter and, therefore, I am filing a Petition requesting that the hearing be continued to a later date. I am enclosing a copy of that original Petition and Order of Court. I will send you a new Petition and Order of Court with the rescheduled date, once it is received from the Court. If you retain other counsel, please advise me of the name of your attorney. Very truly yours, Bradley L. Griffie BLG/kjl Enclosures cc: Keith B. DeArmond, Esquire Roger E. Ott EXHIBIT "B" ',1'.';""'""0; "", ',',~ l .... .. ~~~IiI!N '~ItikilJ~H.4!Jj,~'-'IW'b",...",;,:.~lli!fh~"""iLjtr - -- ,. 00 .. -- i . . I ! () c.-, 0 c: C\ ~i '"::;,'" - .-1 -C c', "T- t'",I C~ " ~;l j-'::: ~~ r-'. P'-) 1 Gee ., J '" Co Cj ( J .;::~ ~.,. , /..:::. ;;-) -' )::; i-,~l <;'? ,'rl r-'~ ~~~ ..-.:.~. r:-~ --, c'b -< <T' -< ::. . II!I. .. 'j';'<"";- ^~'> , I, . ,- . . ". SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this / tf day of ;/t/ ~ 'I 1999, by and between ROGER E. OTT, of 1022 Teakwood Lane, Enola, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband', AND LINDA C OTT, of .1022 Teakwood Lane, Enola, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, Husband and Wife were married on October 3, 1976, in Bronx, New York; WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences had arisen between the parties hereto which made them desirous of living separate and apart from one another; WHEREAS, the parties previously separated but are presently attempting a reconciliation of their relationship; WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties in the event they would separate physically and in their marital relationship; P\.A\Nl\ff(S E)(.H\611: \ <D'\~ 00 t.-P oj,,, , < -", ."C .... WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter 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 interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The forgoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE il This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made o'.,j -'-'. , "'~" .', subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall, be instituted by the other party, or making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wile, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wile to execute the Agreement. Husband and Wile each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole ofin part. Husband and Wile do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever by estopped from asserting any illegality or unenforceablility as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation of divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. j' . ~" ~ ;,.. 2.3 This Agreement shall survive any decree in divorce and shall by forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be \ incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE ill EOUITABLE DISTRIBUTION OF MARITAL PROPERTY il The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. ,~' ,- ; ",,: ~, " . '"", ,.', 3.2 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 effected without the introduction of outside funds or other property not constituting marital property, with exception of the mortgage of the real estate described in paragraph 3.6 herein. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal Property. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties further acknowledge that they have the cash, accounts, or other tangible and intangible property in their possession that they wish to have and neither will make any claim whatsoever against the other party for any other items of personal property of assets that in other party's possession. 3.4 Life Insurance. Each party agrees that the other party shall have and retain sole ownership and possession of any life insurance policy owned by the other party. Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who owns such policies. 3.5 Subseauently Acquired Prooerty. Husband and Wife hereby waive and relinquish any and all rights that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquire by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. J ',' .,1, .' ~" -'- --' -" 3.6 Real Estate. The parties are presently the joint owners of real estate located at 1 022 Teakwood Lane, Enola, Cumberland County, Pennsylvania and hold title as tenants by the entireties. The aforesaid real estate is presently encumbered with a mortgage due and owing to Members First Federal Credit Union. In the event the parties' attempted reconciliation does not lead to a final reconciliation, and the parties again separate, within thirty (30) days of the parties' separation, the parties shall secure an appraisal of the aforesaid real estate which shall be through a mutually agreed upon realtor. The appraised value shall be accepted by the parties as the fair market value of the property. Within thirty (30) days of the parties' separation, Husband shall then secure a statement from the mortgage holder indicating the payoff figure then due on the mortgage. Upon receipt of the appraisal referenced above and the payoff figure for the mortgage referenced above, the parties shall deduct the payoff figure from the appraised value of the property to determine the equity in the real estate. Upon determination of the equity in the real estate in this fashion, the parties shall designate one-half of the equity in the real estate as being the amount due and owing from Husband to Wife at any time in the future should he, at his sole discretion, determine that he wishes to "buyout" Wife's interest in the former marital residence. In the event that either party should prosecute and finalize a divorce action through receipt of a Decree in Divorce, Husband shall have sixty (60) days from the date of the Decree in Divorce to provide Wife with one-half of the equity as determined above through a refinancing and removal of her name as an obligor in the aforesaid mortgage. -.'".<;;',,,' :...,.,< , . , '"" -, Wife hereby waives, transfers or relinquishes any and all right, title and interest she has in the aforementioned retirement as well as any other accounts Husband may have in his individual name or may have secure through his retirement accounts through his present or prior employment. Husband agrees to waive, transfer or relinquish any and all of his right, title and interest he has or may have in his individual capacity or as Wife's Husband's in any and all pension, retirement, profit-sharing, stock options or similar accounts with Wile's present or past employers or which Wife has secure independently. 3.8 Vehicles. The parties acknowledge that they have each retained for their use an automobile which they owned during their marriage and cohabitation. Each party shall retain sole and exclusive ownership and possession of the vehicle presently in their possession. Neither shall make any claim of any nature whatsoever relative to vehicle in the other parties possession. Any encumbrances on the vehicles shall be the sole and exclusive responsibility of the party retaining ownership of the vehicle. In the event it is necessary to execute any documents to waive relinquish or transfer ownership interest in the vehicle retained by the other party. Any such documents shall be executed within fifteen (15) days of being requested to do so. 3.9 Intangible Personal Property. The parties have already transferred or waived rights or interests in their intangible personal property including their various bank accounts, credit union accounts, investment accounts, and the like. Neither party shall make any claim of any nature whatsoever against the other relative to any financial accounts that continue to exist or any accounts that were closed by either party. Neither party shall make any demands for additional payment of cash from one to the other from the time of execution of this agreement forward. L < " ~ .' '0 - "': . .' ARTICLE N ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT. AND MAINTENANCE tl The parties herein acknowledge that they have each secure, maintained the substantial and adequate fund and income in which to provide themselves sufficient resources to provide for their comfort maintenance and support in station of life in which they were accustom. Husband and Wile each hereby to the other waive, relinquish and give up and rights that they may respectively have against the other for alimony, alimony pendente lite, spousal support, or maintenance. 4.2 Husband and Wife specifically waive, release and give up any rights for alimony, alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations Code. ARTICLE V DEBTS OF THE PARTIES .u The parties acknowledge that they have each incurred various debts of their own which are and shall continue to be their personal debts. Any and all credit cards, charge cards, personal loans, and the like which have been incurred by either party shall be the sole and exclusive responsibility for repayment by the party who initiated those accounts. Without consideration whether the other party "used" those accounts at any time during the parties marriage or cohabitation. Each party shall assume sole and exclusive responsibility for repayment of any such debts in a timely fashion and shall indemnifY and hold harmless the other party relative to any payment or collection activity of any nature whatsoever on behalf of any such creditors from the date of final separation forward. , -'",-- ^.'"". ~"-'I~>", 5.2 Each party represents to the other that except as otherwise specifically set forth in the Agreement, and more particularly as set forth in subparagraph 5.1 above, there are no major outstanding obligations of the parties; that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The parties have been afforded the opportunity to review this agreement independently and with legal counsel of their choosing they have either secured independent legal counsel who fully explained to the respective parties the contents of the agreement. The parties further acknowledge that if they have not secured independent legal advice this is done, not without lack of knowledge of their right to retain legal counsel to advise them on this matter but by their own independent and voluntary decision to pursue this matter on their own without the assistance oflegal counsel. Under circumstances where either party has not retained legal counsel they have done so based upon their position that they understand the facts and the legal ramifications as well as the right to obligations under this agreement. They acknowledge and accept that this agreement is, under the circumstances, fair and equitable, that it is being entered into a freely involuntarily after having the opportunity to receive such advise and with knowledge that the execution of this agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreement. L ~" .,', !ii" " 6.2 Counsel Fees. Each party agrees to be responsible for his or her own legal fees and expenses, and each party hereby agrees to waive any claim for alimony, alimony pendente lite, counsel fees, expenses or costs. 6.3 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, of any party thereof, whether arising out of any former acts, contracts, engagements, of liabilities of such other as by way of dower of curtesy, of claims in the nature of dower or curtesy of widow's or widower's rights, family exemption, or similar allowance, of under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, of all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendent lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement a full, complete, and general release with respect to any and all > . _," .'l "" ,e.c, ~ .,', property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.4 Reconciliation. In the event that the parties should reconcile or attempt to reconcile such that they should again begin cohabiting as husband and wife, this Separation and Property Settlement Agreement shall remain in full force and effect. Any cohabitation or renewing of the parties marital relationship shall not have any effect whatsoever relative to the parties obligations under this agreement. In the event that the parties reconcile and wish to void or vacate this agreement, they must do so in writing and with the same formality as this agreement has been executed. 6.5 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt, liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising our of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of the Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. , ~ .1. , ,~ 1&>; . .. 6.6 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.7 Husband and Wile covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.8 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 6.9 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.10 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.11 Severability. If any term, condition, clause, section, 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, and in all other respects, this - ". ~,j, ''''''''''',' ',' . Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.12 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.13 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of ever type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.14 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wile until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained in stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as ~- ~, ,. lI!>h.:.iI1""'~ . , ~ ., . well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of the Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~~#- ri0A-j ~ ~ C/~ ~c~ , .' ~ . .... ~., . COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF CUMBERLAND ) ~ On this the it! day of t?cdy( , 1999 before me, the undersi~ed officer, personally appeared ROGER E. OTT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ P dt"eHuJ - NOTARIAL SEAL GAIL P. STRICKLER, Notary Public Camp Hill, Cumberland County My Commission Expires Feb. 3, 2003 COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF CUMBERLAND ) (Jf -f;}, f1j hL . d On this the h day of --;_ - . ([ , , 1999, before me, the underslgne officer, personally appeared LINDA C. OTT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. x!iuL y:J xIt / R')-/v, J - NOTARIAL SEAL GAIL P. STRICKLER, Notary Public Camp Hili, Cumberland County My Commission Expires Feb. 3, 2003 ,,~ <lJi!Ii, ROGER E. OTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA : CIVIL ACTION - LAW v. LINDA C. OTT, Defendant : NO. 00-3113 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this ~day of June, 2000, comes Bradley L. Griffie, Esquire, Attorney for Plaintiff, and states that he mailed a certified and true copy of a Petition for Exclusive Possession to the Defendant, Linda C. Ott, at 402 North Second Street, Harrisburg, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on June 12, 2000. , Esquire laintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 Sworn and subscri~~_ to before me this ~ day of June, 2000. d!#JIv~ OT PUBLIC . Notarial Seal Karisa J. L$hman, Notary Public '''~IsBolll. Cumbel!and County .", .......11 sian Expires Aug. 25, 2003 ~ IJ Complete items 1 and/or i2 for additional services. Complete items 3, 4a, and 4b. D Print your name and address on the reverse of this form so that we can return thi$ card to you. ' o Attach this form to the front of the maJlpiece, or on the back if space does not CD permit. 5 0 Write "Return Receipt Ae(juestoo" on 1he maJlpiece below the article number. c 1:1 The Return Receipt will show to whom the article was delivered and the date o deliv9red. '" 3. Article Addressed to: J Linda (. ()H- ~ 402- fI)(/YIM Z.t1d SfrePJ- . t-laVfl8~rJ / PPr 11'" . i S_ItR: 'Iii .. l!? ~ , w a: $ o ,.. .!!! ~, J:>:~:;', .. " 'S Iii II) a "B cl! ,: ~ cl! '" c 'Iii " 4a. Article Number 1- oLl 4b. Service ype o Registered o Express Mail o Return Receipt for Merchandise ~ertified o Insured DeOD 7. Date of 8. Addressee's fee is paid) 102595-99.:S-0223 Domestic AetUfffAeceipt , Z 339 062 304 ~ Special Delivery Fee ~ Restricted Delivery Fee ~m Retum Receipt Showing to ~ Whom & Dam Oelivel"e5i " ~ Rerum RecoptShowillQ to Whom, ~ _ Dale, &Address~'S ~"O " ",2 TOTALP~ge ~ q:'" Posln1arko,O 'l1 ~ '-t-e C/) ~<:>::._ ~.;:~ ~ <D~' .~ ?- ,1 /t-tJ ',' . .~';L'l,~~ -",- .~ ~1I1:i.ii[lilililli.MliIi:~Y!l!r1l-rr~!~ - ~ . " "'lfilffli"""'''''"t t.tSJU-.~__~ ~...:.; lilrUiJlill"-'l'iIIliiiili~ ~~l o ~ ..oti;, nlf)"; '20" '-;7[., ~~f; ~Q -t-:;Cl PC -Z. ::2. ~ ""';-~ .- '" o ..0 :-..s: " liilliiiiJ: . .~'-) 'it .-' .,' ',.., ---,\,:-; .,,-,/ - ", ;-, '.:',\i~:-. --.,., -.~~~.~~, ~:-4 ~ .4 - (fl ~-~ ~ . _I " " . ROGER E. OTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION LAW LINDA C. OTT, Defendant : NO. 00-3113 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE ;tt1 I, Bradley 1. Griffie, Esquire, hereby certify that I did, the 15day of August, 2000, cause a true and attested copy of the Petition for Special Relief and Rule to Show Cause and related Order of Court and Rule to Show Cause to be served upon the following by first class mail, postage pre-paid. Keith B. DeArmond, Esquire 2800 Market Street Camp Hill, PA 17011 Date: 81J~) 60 fie, Esquire or Plaintiff E E & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 jJ ..~r~I",_Y,i;i<~_I'~jj ill~, .....O'd. ~....,,~iI.- () c: :s:: ;:gq;: Z4~ zf' (f'; s> -<'Y !<:c) ;p:.- 2\..:-1 o'-Ci :PC Z =< , o o :e: ,- (;'J o " .--,1 _.,,~ i;l..JJ ,-- -"'~m [JM ,,", T ~~C) ~:~~ Orn >! ~ cr, -0 :-c'o: .:.n ..-JJ ~~., ~ ~ ~ ~'" '1",,- ROGER E. OTT, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. LINDA C. OTT, : NO. 00-3113 CIVIL TERM Defendant/Respondent : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 15th day of September, 2000, comes Bradley 1. Griffie, Esquire, Attorney for Plaintiff, and states that he mailed a certified and true copy of a Petition for Special Relief and Rule to Show Cause, the related Order of Court and Rule to Show Cause, a Petition for Continuance and the related Order of Court scheduling the hearing on the Petition for October 12,2000, to the Defendant, Linda C. Ott, at P.O. Box 71, Lewisberry, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on September 14, 2000. Sworn and subscribed to before me this fr day of~,2000. p kUi.tL OTAR1VPUBLIC "NOiarial Seal Kat:lsa~. Lel)man, Notary Public . Qarilsl~ Bora, Cumberiand County My POl11l1\lsslon expires Aug. 25, 2003 " iiI!.... iI 'L~jllltiJn_~Iii~""'''~~~M~~iR!,;w' ~t,j.li.I""'~- ".mn "',I; I~""",,,, '-m~~~.r .L, - .,", ; lifliillisu I " ,. (') 0 (} C c:> -n -o~ en "'~-;J rT'l ;;MfQ sgm -0 ,;J:) '~;:lr-n Z~ ?<y ~;: 0:::> ~{".) ;<0 -0 *,:lJ. ~(') ::!: u~ ._, --0 w On )>c .. >l ~ <:> Ul ~ - , ~ ' ,- .., -.,.- '.,- , " , , ,~ . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the, card to you. . Attach this card to the back of the mailpiece, or on the front if sps.ce permits. 1. Article Addressed to: L.\'I'~O\ (. 0 -\\- ~..a. b01 '1l Uwlsbt4 )V~ \1~~q l!fllli1Jer r~ol'r ~~1JzVarrO PS Form 3811, July 1999 (j0Ul Is elivery address different from item 1? If YES, enter delivery address below: 3, ~ice Type Certified Mail 0 Express Ma Registered' 0 Return Recei"'~ o Insured Mail 0 C.O.D. UCJ 4. Restricted Delivery? (Extra Fee) 1':6 12- 411D 102595.00-M-0952 Domestic Return Receipt o Agent o Addressee DYes o No 1!iW1_ftlt1.il:U!.l!.~""'~ '~IH~!I- , .diU 11'11 mliJJlj;llll~ , I ~ ' , . '---"-"'" _'40, &. ,'., tIl..J_.~'~'-~!ii.ili'" ,,___ ,~" :~~'J "~,:",,,i,,~7.;:s.;;,J ,,~', b-- -'. "1k1lL! I I ! l ~ '~ j 0 1:2 C 00 s:: ~ "Oro I""'l !)~ - mm ~ Z....., , """,1' ...:-- .:'15 UJ <;1,) < -"", ~:~fU , ~ ~'D ,,-,--.-, ..r~ ""r, >r'- :::r,: ~O ~ 20 5>C 'tl 0"" ~ <:::) ~ (J'I '< ",'"' ~- ,,,,"",' ROGER E. OTT, PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. LINDA C. OTT, : NO. 00-3113 CIVIL TERM Defendant/Respondent : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 15th day of. September, 2000, comes Bradley 1. Griffie, Esquire, Attorney for Plaintiff, and states that he mailed a certified and true copy of a Petition for Special Relief and Rule to Show Cause, the related Order of Court and Rule to Show Cause, a Petition for Continuance and the related Order of Court scheduling the hearing on the Petition for October 12, 2000, to the Defendant, Linda C. Ott, at 402 North Second Street, Harrisburg, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on September 12, 2000. e" quire A rney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before me this ./!S!!l day of 'Sepi-JIIItWY , 2000. ~~dt~ OTARY UBLIC '. Notarial Seal . Karisa J. Lehman, Notary Public Ca~lsle Bora, Cumberiand County My COI11l1\Isslon Explras Aug. 25, 2003 !iiii...' - .".,'c, :,--' '~:o:.'-'-="''';j.r-''"' _ ' .' " " """""'''"-;;''Eitlliil!)~t~, ~'i\.f;L_~~tiII > ..,,", > lJilIIIIIlII'" ,C,,',, U ",- "~ .' H I de ~,,"" ",'0;'; ;'" I .. ~-'~ '1 ~ 0 0 0 -n U) "-I "0 OJ p, ":I:::.u ~m V nl!:_~ -, ~~ ~""J' n t51;:': -~.'O ~Z CO 1)6 ------i _, ;0::::0 " --'--'-I ~8 -. o~ .... ~~ ~- )>c w 0 ,..",- ~ ~ ,=> (7\ -< Campl"leitems 1, ~; ahd3; Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card, to you. . Attach this card to the back of the mailpiece, or on the front jf space permits. ....."""""""".,"""'"..,,""'...,-"--,._,._""~"..-.,-=' ...,.,. -,", ".'. "'-"'"-~"., .,....<"'~"-~.~,'.. '''~~''-=-=,..."",-- .;',- '~"-,,",,'" "'-..,.-" ,,~~>,--" ,,,,,-,--'-'. '~~~"J"'"''''"---"-.~,,,-.,<;. '0._""" --, .",~" ' 2, =t' ...a r'- =t' n.J .-'I fTI r'- Certllle-dFee .-"'~ ........,'... x o Agent o Addressee Dyes D No D. Is delivery address different from Item if If YES, enter delivery address below: 102595-00.M.0952 _,___~__~_,,~_.~""____'"., .",..1 ["- .", Return Receipt Fee rt:i (~ndorsement Required) l.:J ~strlct.ed De\i~ery Fee C.,., (Endorsement Required) g Total Postage & Fees $ ...a : .j;~~~:r~~~(fl1_~~~~~~_~~~.~~.~:~~:~:~~.~~~_~I:~~~_~___~_~~'.'~..______ g .:~.t:~..I1fim1~~.YuML...S1r<<.f...m...................m f'\- Ci~rs te, ZIP I , 0 .i.i. ~~~IUti'.," _ d ,,, ~ , " , . ^ , ,'d~' . ~ ; ~L ~ ~:"'" i-..'; j~liil;i ~,' 1--" ' "=Wlf1H~ ~ , ,- ,-;:: ~ d' -'~ '-'<". ., ...L.~,i , C') - c: l:"::':; ~:f -o:il: 'l) ,.; 2[1 'T1 ~'O '~"1Z!J ts5; r-' co :BlfJ ~E;:' '~~o -~;:: .'0 'i! -,- ,.' ::r: r,)::tI ~,-;..." )..2:' w g~ z ." ~ =< =:> m -<; ., "'. "~" ~_IIl1L~"'I~~ ROGER E. OTT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LINDA C. OTT, Defendant NO. 00-3113 CIVIL TERM IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF AND RULE TO SHOW CAUSE ORDER OF COURT AND NOW, this 12th day of October, 2000, this matter having been called for hearing, it is ordered and directed that the separation and property settlement agreement of the parties dated July 19, 1999, is herewith declared enforceable and binding and shall control, specifically in the divorce and support proceedings between the parties. By the Court, Bradley L. Griffie, Esquire For the Plaintiff Linda C. Ott, pro se P.O. Box 7 Lewisburg, PA 17339 )~~ /0- jt.. h<J r' :bg I ~'i4ill !--' I I I _. ,'_11"11'" r,,,... I .' l'l \ V,; .,,," ..... ~'. ".'.- -~ ~ ~, "' ""~-"-' , ,', "'::/'J1Y I '~; -; 1','.,': t:;n .,I~ (" ii"::,;;; ,'.c', !'(-,: i\jTV \JVW\~of~~1 .1._."\' ~") ~)-_, ~I\ \ t PE~lr~SYL\/,q\l!f\ ~= -,'f/ "!C=, -~"'~7,\":,>;~,'~~"",,'_'~l,,IfJ. ~,,~__, JJ.~t ---=~"'y,, """ .'" . -~ "'.....",'.' ", " ROGER E. OTT PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA C. OTT 00-3113 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 12th day of June ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeHubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on the 31st day of August ,2000, at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may proVide grounds for entry of a temporary or permanent order, FOR THE COURT, By: /s/ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ ....ill,;. \:iLFf)-Of:=~Cc OF . "':~,'>\:OT;\RY Or. 'In! ", ;)j'" I: <:',n \ -..; .J",j, '" .. .... CUMi3~RLiJ'iD COUN1Y PENNSYLVf,NLi\ 6 /6~,a; ad. ~ ~ ;d;,4 ~ ~ /5~" cJ() '7lflu ~ ~~: . /PJ5-'&O ~~A 7l.~~ ' . ~ ,...... """"~, ., ,''''''l''!''!'''''' J~~~~,_",~<,.rmlS\fi~~T ,,,,,,,,,,,1fIl .,. "", ,0,'.. _.~ Ill%,~ ROGER E, OTT, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA : NO. 00-3113 CIVIL TERM CIVIL ACTION - LAW LINDA C. OTT, Defendant IN DIVORCE/CUSTODY ORDER OF COURT AND NOW, this day of 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear b~fbre the conciliator, at on the day of 2000, at o'clock Cumberland County, Pennsylvania, ,m" for a Pre-Hearing Custody Conference, At such conference an effort will be made to resolve the issues in dispute, or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and10 enter into a temporary Order. Either party may bring the children who are the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order, BY THE COURT: By: Custody Conciliator 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, CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue CARLISLE,PA 17013 (717) 240-3166 . '~ ~. ~~ ',- .' _, ,~'e '.. ROGER E. OTT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO. 00-3113 CIVIL TERM CIVIL ACTION - LAW LINDA C. OTT, Defendant IN DIVORCE/CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Roger E, Ott, an adult individual currently residing at 1022 Teakwood Lane, Enola, Cumberland County, Pennsylvania. 2. Defendant is Linda C. Ott, an adult individual currently residing at 402 North 2nd Street, Harrisburg, Dauphin County, Pennsylvania, 3. The parties are the natural parents of a child, namely, Christopher Ott, born October 19, 1982. 4, The child was not born out of wedlock. For the past five years, the child has resided with the following persons at the following addresses: NAME ADDRESS DATE Roger E, Ott PaulOtt 1022 Teakwood Lane Enola, P A May 4, 2000 to Present Roger E. Ott Linda C, Ott Paul Ott 1022 Teakwood Lane Enola, P A late Feb. 2000 - May 4, 2000 .. Roger E, Ott 1022 Teakwood Lane Aug. 1999- Paul Ott Enola, P A Feb,2000 Roger E. Ott 1022 Teakwood Lane May 1999 - Linda C, Ott Enola, P A Aug, 1999 Paul Ott Roger E, Ott 1022 Teakwood Lane Dec, 17, 1998 Paul Ott Enola, P A to May 1999 Roger E. Ott 1022 Teakwood Lane prior to June 1995 - Linda C, Ott Enola, P A Dec. 17, 1998 Paul Ott 5, The relationship of the Plaintiff to the child is that of natural father. Plaintiff is married and resides as aforesaid with his two sons. 6. The relationship of the Defendant to the childis that of natural mother, Defendant is married and resides as aforesaid with unknown parties, 7, Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the child, 8. Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth, 9, The best interest and permanent welfare of the child will be served by granting Plaintiff primary legal and physical custody of the child for the following reasons: ( a) Plaintiff has been the primary caretaker for the child for at least the past five years; (b) The child, who is 17 years of age, does not desire to have any contact whatsoever with the Defendant, his mother, due to a variety of confrontations that have occurred between Defendant and the child; ~~ .' ~ ~" . , Iti~ll'il\l;'" ( C) The child is so extremely distraught over the Defendant's conduct that he, as well as the Plaintiff, are personally concerned over a physical confrontation between the child and the Defendant; and (d) Defendant has been, verbally and emotionally abusive toward the child. 10. Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the child, WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court grant him primary physical and legal custody of the child, Respectfully submitted, GRIFFIE & ASSOCIATES . Gri e, Esquire orney for Plaintiff 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 - - -."~ 'llil1 it" " I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. DATE: ,p"~ / Section 4904, relating to unsworn falsification to authorities. ~~ ~OGE E. OTT J ~J ~ ~\~ k" C.r- _ 1~!LF,ll_().-,...," JJ- 1 i ,,- ~'-/ '''''-'i~'-- :r,::' pi>-)';'; :,,:'_4.': , _' ,.~ It, -r... OU, "J?'Ai1Y Jill I '-,;,' -q ", - !"',"-rf 'l.r:.... C., . (c. ,1,) uli""" V1iJt.J'':'Li'',ir- PErvjV?MG{~,~UNry , Viii ~ =,~J'l - e', ~o!!n.jlllf 1'-" ." r '....~ o ''-'I ..... <:l- t'j . S(~ ,,_ ~ ,.L, """",", ~ij:]ffiil~IIll~,~~~~iltl'i__, )~~ ..I , ~~ _,..,.,_'_', ,:" "~A, ";'-"";C", ^~':"':,'~ ;;,'_ ;'~~" JI r -. SEP 0 5 2000p ROGER E. OTT, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LINDA C. OTT, Defendant NO. 00-3113 CIVIL IN CUSTODY COURT ORDER AND NOW, this?' day of J'7'- y..e.-tu- , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Roger E. Ott, shall enjoy primary legal and physical custody of Christopher Ott, born October 19, 1982. 2. The Mother shall enjoy periods of visitation with the minor child at such times as agreed upon by the parties. Absent any agreement, the child shall remain in the Father's custody and the appropriate law enforcement officials shall have the authority to enforce this Order. 3. In the event the Mother desires to modify this Order, the Mother may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT, cc: Bradley 1. Girffie, Esquire /J Linda C. Ott 402 North Second Street Harrisburg, P A 1710 I -;:,J'l . Hess ~. (\. ~O L-~ ~.~~~ rMiII1~iIlJ - .il.~~.iiutSiltr', ,""~~.~d~;-"<'"'~~ c" - S:~')'>~8 :}Jj\\:18 CU;'/li:j:,:HU:,:-",,;,~~ ()JUNTY PEi'ii\ISYLv.!\\ll!\ ,.";;i"''',",';;,.,..."">\",,,,,,. ' 'i',i iV,'" . . ..111 I U I I. ""'J-" ~' , '.' ,',i' ,AI .... , i . . - ,:'1- ~ .... ROGER E. OTT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CML ACTION - LAW LINDA C. OTT, Defendant NO. 00-3113 CIVIL IN CUSTODY Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Christopher Ott, born October 19, 1982. 2. A Conciliation Conference was held on August 31, 2000, with the following individuals in attendance: The Father, Roger E. Ott, with his counsel, Bradley 1. Griffie, Esquire; The Mother did not appear. Attorney Griffie indicated the Mother was served by certified mail and also her prior attorney had acknowledged that the Mother was aware of the scheduled Custody Conciliation Conference. 3. Based upon the information provided to the Conciliator at the Custody Conciliation Conference and based upon the fact the Mother did not attend, the Conciliator recommends the entry of an order in the form as attached. lLJ Ob au- Hubert X. Gilroy, Esquire Custody Conciliator " , ~"-', ^ .., ~,~, J... ,~,'. ' ^ .,:;~ '~~ ' ',,"'.'1, , d" :',..," ,I,', : .-,,'f. ~ $C' ROGER E. OTT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LINDA C. OTT, Defendant 00-3113 CIVIL TERM IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings were held before the HONORABLE KEVIN A. HESS, J., Cumberland County Courhtouse, Carlisle, Pennsylvania, Courtroom Number Four, June 14, 2000. APPEARANCES: BRADLEY GRIFFIE, Esquire For the Plaintiff KEITH DEARMOND, Esquire For the Defendant I I ~ f~. . - -" - F!LED.-O~FICE OF -j..,'''-: P:::C~':"!c)>JOTARY 00 JUL. -:5 PH I: 50 CUIviBEFiLJ',i-iJ COUi\!TY PENNSYLVANIA . -"" -. . ~,~,~, ,m,:,_," i1I1'l!r~~lffl~~,~n~Ilf>1~",~~_ ~,pl!-~~"IJI - ~,.I ~ o ,-",:", ",L',"",,-' INDEX TO WITNESSES PLAINTIFF'S: ROGER E. OTT Direct Examination by Mr. Griffie Cross-Examination by Mr. DeArmond Redirect Examination by Mr. Griffie PAUL M. OTT Direct Examination by Mr. Griffie Cross-Examination by Mr. DeArmond Redirect Examination by Mr. Griffie CHRISTOPHER P. OTT Direct Examination by Mr. Griffie Cross-Examination by Mr. DeArmond PLAINTIFF RESTS DEFENDANT'S: LINDA C. OTT Direct Examination by Mr. DeArmond DEFENDANT RESTS * * * INDEX TO EXHIBITS PLAINTIFF'S: PAGE 3 22 25 27 31 33 33 37 37 PAGE 38 51 IDENTIFIED ADMITTED 1 - property settlement agreement 8 37 'Ii_."';, '_c"_ " " .w; ~ / ,- " '" ;- - _ - ,",^~~,',,.;;;.o,',,;;, " co 0 1 June 14, 2000 2 Carlisle, Pennsylvania 3 4 (Whereupon, the following proceedings were 5 6 7 8 held. ) THE COURT: Mr. Griffie. MR. GRIFFIE: Good afternoon, Your Honor. Before we proceed, this answer does not need to 9 be -- there was not an answer filed here. And quite frankly, 10 based upon circumstances of Miss Ott filing a P.F.A. in 11 Dauphin County where she has taken up residence, we are not 12 sure of what her position is regarding this matter. THE COURT: Okay. I'm sure counsel -- MR. DEARMOND: Mrs. Ott would like to contest the 13 14 15 petition. 16 17 18 19 20 21 THE COURT: Okay. MR. GRIFFIE: We call Roger Ott to the stand. Whereupon, ROGER E. OTT, having been duly sworn, testified as follows: DIRECT EXAMINATION 22 BY MR. GRIFFIE: 23 Q Mr. Ott, please state your name and address. 24 A Roger Edwin Ott, 1022 Teakwood Lane, Enola 25 Pennsylvania, zip code 17025. 3 '-" - ,",Co, "' '~~ ",;---- .-;''-~ ^ .~ CD o 1 2 3 4 5 6 7 8 9 Q A Q A Mr. Ott, are you employed? Yes, sir. Where are you employed? I am employed at the Navy Depot in Mechanicsburg, Pennsylvania. Q How old are you? A Q A I am 47. Do you have any military history? Yes, I do. 10 Q What is that history? 11 A I have served in the United States Navy four 12 years, and I was in the reserves for approximately another 12, 13 I believe. 14 Q Do you have any children? 15 A Yes, sir. 16 Q What are their names? 17 A Paul Michael Ott and Christopher Paul Otto 18 Q How old is Paul Michael? 19 A Paul is 22. 20 Q And how old is Christopher? 21 A Seventeen. 22 Q Mr. Ott, do you own a home? 23 A Yes, sir. 24 Q And is that the home where you reside? 25 A Yes. 4 .^"< " -, ,-~ . "~, " - -" CD o 1 2 Linda Ott? 3 4 5 Q At present, is that home owned in joint title with A Q A Yes, sir. And is she still your wife at this time? Yes. 6 Q Mr. Ott, in your petition you've alleged that on 7 or about December 21, 1998, Miss Ott first filed a divorce 8 action, and around that time she left the residence; is that 9 correct? 10 A 11 Q Yes, sir. At some point subsequent to that, back in 1999, 12 did she return to the home? 13 14 15 A Q A Yes, sir. Approximately when was that? I believe -- to the best of my recollection, the 16 4th of May. 17 Q Okay. Approximately how long did she continue to 18 reside in the home last year? 19 A Until about the 7th of August. 20 Q Okay. During that period of time were you and 21 both of your sons residing there as well? 22 A Yes, sir. 23 Q Did your two sons remain with you from December 24 '98 until May '99 whenever she was gone? Did they reside with 25 you? 5 ~ "....~" " O';:'.C. .,," -"""'~~~.."" .'- " c o 1 A Yes. 2 Q When she left in August of '98 - - or excuse me, 3 ' 99, did she subsequently return to the home once again? 4 A Yes. 5 Q Approximately when was that? 6 A The beginning of February of 2000. 7 Q How long did she reside with you at that time? 8 A Until -- I'll say - - I think it was somewhere at 9 the beginning of May. I am not sure of the specific date. 10 Q 11 memory? 12 Approximately May 4th, would that refresh your A Yes. 13 Q Okay. Now, again, when she was gone from August 14 until February, August of '99 until February of 2000, who 15 resided in the home? 16 17 A Myself and my two sons, Paul and Christopher. After she left on May -- May 4th or around May Q 18 4th, did you and your sons continue to reside in the home? Yes. Did Miss Ott file a divorce action in December of I think as was alleged in the divorce complaint you 19 A 20 Q 21 1998 as 22 filed? 23 A 24 Q 25 A Yes. And ultimately, sometime, did she withdraw that? I've been told by my counsel that she did. 6 'j _'o>,~. -," . ~ '- , -~.' .~~ "< "' c o 1 2 Q A And have you now filed a new divorce action? Yes. 3 Q Do you recall whether Miss Ott was represented by 4 counsel over the periods of time of the separation and back in 5 home and separation? 6 7 8 9 10 A Q A Q A Yes, she was. Do you recall how many attorneys? I knew of three. Okay. And they are whom or were whom? I am not sure of the first name. The last name of 11 the attorney was Taylor. 12 13 14 15 16 17 18 Okay. Q A The next attorney was Samuel Andes, and then there was another one -- and I don't remember the name of that one. Q Was she represented by Samuel Andes in the summer of 1999? Yes, sir. A Q During that period of time, did you secure a 19 signed separation property settlement agreement? 20 A Yes, sir. 21 Q Was this an agreement that I had prepared? 22 A Yes, sir. 23 Q And do you recall from correspondence whether I 24 had at sometime forwarded a copy of that to Mr. Andes? 25 I believe you did. A 7 '~' ' "", ",-", No" ~"W','" ,-,-'~' ,- -<;, ' "1 CD 0- , c' 3 4 5 6 7 8 9 Q Okay. Urn, ultimately, did you sign the separation 1 2 property settlement agreement? A Yes. Q Do you know if your wife signed it? A Yes, she did. Q Did you sign it at the same time? A Yes, we did. Q Did you sign it in front of the same notary? A Yes. 10 (Whereupon, 11 Exhibit No. Plaintiff's Exhibit No.1 12 was marked for identification.) 13 BY MR. GRIFFIE: 14 Mr. Ott, I am showing you what we have marked as Q 15 Plaintiff's Exhibit 1. Is that a copy of the separation and 16 property settlement agreement that you and Mrs. Ott signed? 17 18 A Yes, sir. Q At the time this was signed, was it signed with 19 the understanding that you were still in the same home 20 together, and that you were attempting to reconcile? 21 22 A Yes. Q And can I assume, since she left, you said early 23 August, so less than a month after this was signed, that the 24 reconciliation did not take effect? 25 A That's correct. 8 ". '- ~~~~" ,'W~- ~ o 1 Q After she left, pursuant to the terms of the 2 order, did you attempt to secure her cooperation in getting 3 an appraisal of the real estate. 4 A Yes. 5 Q And why is that? Do you have an obligation to pay 6 her anything out of the real estate? 7 A According to our separation agreement, I am not 8 sure what paragraph it is, she would get half of the equity in 9 the house. 10 Q And within 30 days of her leaving, were you to 11 secure an appraisal with an agreed-upon appraiser? 12 13 A Q Yes. To your knowledge, were you or I ever able to 14 secure a response from her as to whether we could agree upon 15 an appraiser? 16 A No. 17 Q Subsequent to that, again, she came back home you 18 indicated in February of 2000 and stayed for another -- March 19 April a month or two; is that correct? 20 A Yes. 21 Q Did you ever actually reconcile during that 22 period? 23 A No. 24 Q Was there turmoil in the home from the time that 25 she moved back? 9 ~~o _ " ,"~ .' ",,:0'~ "c.:'-:~~.l..,', '~,' CD o 1 A Yes. 2 Q Now, on May 4th or thereabouts when she left -- 3 now, let me -- strike that, let me back up. 4 When she left in the prior times, did she remove 5 personal property from the home? 6 A Yes, she did. 7 Q In fact, did she return back on multiple occasions 8 and take furniture and appliances and such? 9 10 A Q Yes. And after that occurred and after she was gone 11 from -- left in August, did you replace some of that furniture 12 and appliances for you and your sons? 13 A Yes. 14 Q What other type of items were taken from the home 15 that you can recall that you replaced? 16 A Pots, pans, um, some cooking utensils, Tupperware 17 or similar to Tupperware, stuff that you would store things 18 in. 19 Q So it wasn't just big items. She went through 20 cupboards and that type of thing when she left? 21 22 A Q That's correct. Since May 4th, have you been able to just quietly 23 reside in your home? 24 25 A Q No. Has Miss Ott returned to the home? 10 k' "",C' ".',d- "'"J'" '^""'" CD o 1 2 3 4 5 has returned? 6 7 A Q A Q Yes. How many times? To give a figure, I will say at least four. Okay. Have you been home some of the times she A Q Yes, I have. And have you returned at times when you found that 8 she was there while you were gone? 9 A Yes. 10 Q When she has done that, has she taken any items, 11 again? 12 A Yes. 13 Q What type of items has she taken from the home 14 this time? 15 A She took the table out of the dining room, and the 16 chairs out of the dining room. She took the table out of the 17 kitchen, and the chairs out of the kitchen. She took the 18 table out of the basement, and the chairs out of the basement. 19 She took the plastic chairs, which we had in the garage. She 20 took those also. 21 Q How about in the living room? 22 A In the living room she took the couch and the 23 chair. She took every working -- correctly working television 24 which we had in the house. 25 Q Did she take anything out of your sons' room? 11 'oi ., - '.~ "", ,_,~,c, " ","'.i_H' ~_" ,; ',0' "",",'.>,-', CD o 1 A I am not sure but my son told me that he was 2 missing his stereo. She took she also took a stereo out of 3 the living room, which was my oldest son's. 4 Q Are your two sons here today to testify on your 5 behalf? 6 7 8 9 A Q A Q Yes, sir. Was there any damage to the house? Yes, sir. What type of damage? 10 A Windows and screens have been broken, four to be 11 exact. The -- in the garage there was a hole in the roof of 12 the garage, there's a hole going up the steps from the living 13 room going up the steps to upstairs and one -- the window to 14 the downstairs is broken. 15 Q Now, you gave me a list of bigger items that they 16 took, did they take smaller items? 17 A Yes. 18 Q What type of smaller items? 19 A The smallest I can think of, she took my son's 20 tooth brush. 21 22 23 Q A Q She took one of your kid's toothbrush? Yes. Did she take anything out of the cupboards, pantry 24 and that kind of thing? 25 A Yes. 12 I ~~ ',- ;~ eJ. .~""H'. '.',0 ,- '~"~ Q) o 1 2 3 Q What kinds of things? A Food, candy. She took the -- there was a, urn, thing you put cookies in that was on the counter that was 4 missing, and the cookies were broken on the counter. 5 Q And during any of the times that she was there 6 while you were there, were either or both of your sons there 7 as well? 8 9 A Q Yes. Were there any confrontations with your wife and 10 your sons? 11 A Verbally, yes. 12 Q Okay. And what type of verbal altercations did 13 you witness? What did you hear Mrs. Ott say to your children? 14 A She was obnoxious. 15 Q Can you say the words and the comments or as best 16 as you can recollect? 17 A She said in front of my oldest son how men 18 could were undressing her with their eyes. 19 Q Did she talk to them or say anything to them about 20 returning again for more property? 21 22 23 24 25 A After -- I believe on or about the 14th of May when my oldest son was there, she mentioned that she would be back. There was a phone call that she made, and my son told me that the following day, the 14th was Tuesday, the following day she didn't come. 13 = _. > c"k'"-',,'o d'" '_ ~,c,' '-'; ,-,_~, c o 1 And my son said he got a call and he said that -- 2 what his mother said was that, You may have one this battle, 3 but you are going to lose the war. 4 Q Now did she file a protection from abuse action 5 over in Dauphin County a week or so ago? 6 7 8 9 A Q A Q Yes, sir. And in that, did she claim to be afraid of you? Yes, sir. Has she made any telephone calls, leaving 10 telephone messages for you since that time? 11 A Yes, sir. 12 Q And did you bring your telephone - - your message 13 thing along? 14 A Yes, sir. 15 Q Okay. And the machine goes off, and it says, 16 beep, and you can leave a message. So you know you are on a 17 tape; is that right? 18 19 20 21 was a threat. 22 A Q A Yes, sir. What has been the nature of her calls? Disruptive. Basically it's been -- I will say it Q Well, what did she say? What are some of the 23 things she said to you so we don't have to play the tape? 24 A Well, one thing that she said while I was at work, 25 and I did try to call the Navy intelligence service so they 14 ~'<--'" -^"'_';f"~:",~-;__;;,,,,<,,2,,, ,k,.';-,~~':" ,,', : ,,;,; "i,,~i _""'-i",,i ,,,-; o o 1 would save the tape. 2 They mentioned that on the tape that it said that, 3 Here is the deal: You give me $1500.00, and I will drop the 4 custody. And for another 2,000, I might drop the P.F.A. 5 Q Okay. Has she ever asked you to call her? 6 7 8 9 10 11 12 13 14 A Yes. Q How many times? more than 10? More than one, more than five, A Q A Q A Q I would say more than five. Okay. And this is since the P.F.A. was filed? Yes. She has threatened to come to your house? Yes. And what has she said she was going to do? 15 A She said that she would drag my son Christopher 16 out by his hair. 17 And is that your son who is 17? He is going to be Q 18 18 in the fall, isn't he? 19 20 21 Yes, sir. A Q A Okay. And another time she mentioned that she would come 22 with the police and have him dragged out. 23 Q Okay. So you have those phone messages. Do -- at 24 any time when she returned was she ever physically threatening 25 to you? 15 .",' ' .- >"' ",'-~ -";.:::-:;",:....;,;-,'- '.'" o o 1 A Yes, sir. 2 Q What did she do - - 3 A She -- 4 Q - - exactly? 5 A She held up a knife, which was approximately eight 6 inches, straight up in the air. And she said, I will kill 7 you. 8 9 10 11 12 13 be? 14 15 Q Anybody present when that was done? A Yes, sir. Q Who? A Paul. My son Paul. Q And is he here today to testify about that if need A Yes, sir. Q Did Mrs. Ott, somewhere during her separations and 16 back and that sort of thing in '98/'99, did she file a P.F.A. 17 action, a protection from abuse action, in Cumberland County? 18 19 20 21 22 23 24 25 A Q A Q A Q A Q Yes, sir. What was the result of that ultimately? It was dismissed. Did she withdraw it? Yes, sir. Now, you indicated you work at the Depot. Right? Yes, sir. And do you have a mortgage on your house? 16 '," ,. ~' ~,;', .~.~",;";-~.k.t",-',:,-}. -"',i,:'';,,;,,~, ,',< ~'$,'. '''j~ (1) o 1 2 3 4 Yes, sir. A Q A Q Do you have to work to pay that mortgage? Yes, sir. Urn, what is your twenty-two-year-old son doing 5 right now? 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 He is going to school, college. Where does he go to college? Penn State. What campus? Harrisburg. So does he live at home? A Q A Q A Q A Yes, sir. Q And how about your 17-year-old? What year did he just finish in school? A He just finished his junior year, eleventh grade. Q So he will be a senior in the fall? A Yes, sir. Q Again, I have referenced the fact that they are here to testify on your behalf. Any suggestion that they want to do anything than continue to reside in the home with you? A No, sir. Q So some of this conduct of your wife returning and removing this property from the home occurred even while the school year was going on? A Yes, sir. 17 , " J'_", ._".".",_,'",vg'; ,'" ';~, ",'," "'''" :Ji", CD o 1 Q 2 A 3 Q 4 bedroom? 5 A 6 Q 7 A 8 Q 9 A 10 Q Was this disruptive to both of your sons? Yes, sir. Mr. Ott, did she remove anything out of the master Yes. What type of things? She removed the mattress. Any smaller items that you recall? Jewelry, her clothes. How about the downstairs bathroom, did she take 11 things out of there? 12 A Yes, sir. 13 Q What type of things? 14 A She took the towel rack, the towel and took some 15 things underneath the sink. 16 Q What type of things has she taken from underneath 17 the sink? 18 A 19 there. 20 Q 21 A 22 Q 23 believe that 24 property? 25 A Cleaning -- we kept cleaning materials under She had taken your AJAX and stuff; is that right? Yes. Urn, any suggestion or any reason you have to someone other than your wife was in there taking No, sir. 18 0'" "i: ,C - 'r,"""',, _.""__,, "'~_'" . .",,_" " '~ o . 1 Q 2 wi th her? 3 A Okay. Do you have any indication that someone was Yes, sir. 4 Q Other than the fact that you are talking about 5 tables and sofas and those things being removed, any other 6 indication or sources that would suggest that someone else was 7 there? 8 A The one day that I did come home from work she was 9 there. She had the moving van. She had a gentleman with her, 10 and she called the police. The police came there. She said I 11 wouldn't let them in. 12 I mentioned that that was wrong. As a matter of 13 fact, I showed the police officer I had a receipt from Giant, 14 that I just went to the store, and I had the food that I was 15 trying to replenish. I had the food in the car, and I showed 16 him the time on my check-out receipt so this way he knew that 17 I was not there. 18 She started to take things out. Then this 19 gentleman decided he didn't want to do this. She left with 20 him, but then she came back with another person. So I did see 21 her having help. 22 Q Well, now, did you ever talk -- what township or 23 borough do you live in? 24 25 A East Pennsboro. Did you ever talk about the police about the fact Q 19 "'O^ ~-< ,'~"<'. c"..".~;'" ',' __ ,_ , :,..' ",- _ ~ _ I~,) o o 1 she keeps returning and stripping your home? 2 A Yes, sir. 3 Q And their response? 4 A They told me that we were married, and under 5 Pennsylvania law she was entitled to do it, and that there was 6 nothing they could do. 7 It was a domestic and they had nothing to do with 8 that. And that I couldn't if something happened, that they 9 might end up taking one of us. 10 Q So if you or one of your sons tried to stop her in 11 any way, they were going to charge you? 12 A I was led to believe that, yes, sir. 13 Q If you don't get a Court Order making Miss Ott 14 stay away from your home while we resolve this, do you have 15 any other means available to you to protect what little 16 property is in the house or to have the quiet enjoyment of 17 your home? 18 A No, sir. The police officer also told me that if 19 I changed the locks, and her name is on there, and we are 20 husband and wife, that she would be able to break a window and 21 get in, and there was nothing to be done for that. 22 Q So even -- if you buy a table so you and your sons 23 have some place to eat, she can come tomorrow and take it. 24 That's what the police have told you? 25 A Yes, sir. Yes, sir. 20 '.>' '<--.- " " " ~ ,,~ '" "'""'IW;; o A V 1 Q Urn, based upon the accusations made in the P.F.A. 2 back in '99, when she filed here in Cumberland County and 3 withdrew it, what has your legal advice been as to what you 4 should do if you are confronted by her? What should you do? 5 A From 1999? 6 Q Yeah. When she filed the P.F.A. and she dropped 7 it then. Did you get legal advise from me as to what you 8 should do if she attempts to confront you? 9 A 10 Q I am not sure. If she is argumentative with you or threatening to 11 you, what should you do? 12 A 13 Q 14 A 15 Q I should leave. And have you done that since 1999? Yes. And in fact, when she has been there removing 16 property, have you routinely stayed around where she is? 17 A 18 Q 19 A 20 Q 21 A 22 couch. 23 Q 24 property? 25 A No, I have moved away. Where -- have you gone to other rooms? Yes. Gone to the basement? I went to the basement. Another time I sat on the Okay. And watched her and other people take your Yes. 21 ','~' - ,,-.- ,- ~- ," ,- , ~ c 0,."','. ., " 1 Q 2 A 3 Q 4 A 5 Q 6 A 7 B Honor. And were your sons there as well? Yes. Have your sons been calm about this? No, sir. Are they upset about it? Yes, sir. MR. GRIFFIE: I have no further questions, Your 9 CROSS-EXAMINATION 10 BY MR. DEARMOND: 11 Q Mr. Ott, isn't it true during these numerous 12 periods of separation that, urn, you actually kicked your wife 13 out of the house? 14 IS 16 17 A No, sir. Q That's not correct? A That is not true, sir. Q I believe you testified that during the last time 18 that she came back, that you, in fact, did not reconcile. 19 What did you mean by that? 20 A We were trying to reconcile. I end up going away 21 with the navy. I would come back. We really didn't do too 22 much as far as a husband and wife. 23 24 2S Q But she was in the home? A Yes, she was. Q And there was an effort made by both of you to try 22 -". , ~. " -,o, 1;' CD o 1 to work things out, wouldn't you say that's fair? 2 A I am not really sure. 3 Q Mr. Ott, you've testified as far as your wife 4 demanding sums of money from you. I think it was the sum of 5 1500, at some point, that you mentioned, and also the sum of 6 $2,000.00. 7 A That's correct. 8 Q Are you aware, as far as what her means of support 9 is? 10 11 No, sir. A Q Um, are you aware that she has any access to a 12 bank account? 13 A Could you repeat that question? 14 Q Do you know if she has any access to money? 15 A Yes. 16 Q What money would she have access to? 17 A She has access to an account, a joint account at 18 P.N.C. Which has my son Christopher's name on, which she has 19 been drawing money out of. 20 Q Okay. Isn't it true that there is just $25.00 in 21 that account? 22 A No, sir. 23 Q Now, you 24 threatened you. 25 A Yes, sir. testified that your wife has physically 23 ,-~ '. ,I,', ," ~ -...., ,~' ~'-""~'~1<ii-,:' o . 1 2 3 4 5 6 bit. Q Isn't it true that on May the 20th, that you pulled a butcher knife on her? 7 8 9 A No, sir. Q A That is not true? No, sir. Would you like me to elaborate a little Q A Q No, I will go on. Thank you. Isn't it true that she has not returned to the 10 house since May the 20th? 11 12 13 14 15 A Q A Q A Could you repeat the question? Has she returned to the house since May the 20th? I believe she has. Do you recall when that would have been? I do not know specifically, but there was a 16 birdbath which was in the back after the 20th of May and that 17 was removed. 18 Q After the birdbath was missing, has anything 19 else -- any other indication that your wife has been there? 20 A I don't know. 21 Q Okay. You testified regarding a separation 22 agreement. This is an agreement that the two of you signed in 23 front of a notary; wasn't it? 24 25 A Q Yes, sir. At that time was Mr. Andes representing your wife? 24 ~ , .., j- '''-", '~ ~-1iJl'Y~ 0 . 1 Yes, sir. A 2 Q And isn't it true that Mr. Andes was not present 3 at the time that that document was signed? 4 5 6 7 8 9 A Yes. Q He was with you -- with the two of you -- A At the time we signed that document, neither of us had our attorneys there. Q Okay. Are you aware of whether or not Mr. Andes had ever gone over that agreement with your wife? 10 A I asked my wife to bring it to him. 11 Q But you don't know if she did? 12 A (NO RESPONSE) 13 Q You have no knowledge of whether or not that 14 occurred. 15 A I assume that she did. 16 MR. DEARMOND: I beg the Court's indulgence for a 17 second. I have no further questions. 18 MR. GRIFFIE: Just one redirect, Your Honor. 19 REDIRECT EXAMINATION 20 BY MR. GRIFFIE: 21 22 23 24 25 Q Mr. Ott, was the agreement that was signed the original draft to the agreement or were there changes made? A There were changes made. Q And who actually asked changes to be made? A My wife. 25 A"~ ~,' ",l'_ . -1- , '""~, -- ',oJ" _ ~', "' _,', _" ",,:,~ o o 1 Q Did she make those in writing on a copy of the 2 agreement? 3 A Yes, sir. 4 Q And what did you do with that? 5 A I brought them and I gave them to the secretary. 6 Q At my office? 7 A Yes, sir. 8 Q And in subsequent correspondence, did I send you a 9 modified agreement with the changes your wife had requested? 10 11 12 13 14 15 Yes, sir. A Q Do you recall at that time if you ever explained to me that they were changes she requested as opposed to changes that you requested? A I don't remember whether I said that. Q Okay. After the changes that she requested were 16 made, is it correct that I forwarded a copy to you for your 17 review and consideration? 18 19 20 21 22 23 24 25 Yes, sir. And is it also correct that the next contact you A Q had with my office was to provide me with a signed agreement? A Yes, sir. Q Okay. MR. GRIFFIE: That's all of the questions I have, Your Honor. MR. DEARMOND: No recross. 26 , , " ~u " ,-- 'f_. . j"'rlllilS,i o . 1 2 3 4 5 6 7 8 9 10 Thank you, sir. You may step down. I call Paul Ott to the stand. Whereupon, PAUL M. OTT, having been duly sworn, testified as follows: THE COURT: MR. GRIFFIE: DIRECT EXAMINATION BY MR. GRIFFIE: Q Paul, please state your full name and current address. A Paul Michael Ott, 1022 Teakwood Lane, Enola 11 Pennsylvania 17025. 12 Q Paul, how old are you? 13 A Twenty-two. 14 Q And are your parents Roger and Linda Ott who are 15 sitting here today? 16 17 A Q Yes. Yes, they are. Paul have you continued to reside continuously in 18 the home where you are now through the last couple years while 19 your parents have been going through this problem? 20 A Yes, I have. 21 Q And, urn, did you ever witness your father forcing 22 or throwing your mother out of the house? 23 24 A Q No. Was there discord and contention in the home this 25 spring when she was there for a few months? 27 " -'."~ ~",i,,;" \ <' , ' ~' ' "'.<1 c o 1 2 3 4 5 6 7 8 9 A Absolutely, yes. Q Was that discord and contention just between her and your father? A No, there was tension, I would say, between the three of us and her. Q Okay. And are you aware that she moved out approximately May 4th? A Yes, I am. Q Did you just hear your father testify about the 10 variety of furniture, and even small things like your 11 brother's toothbrush? 12 13 14 15 16 17 A Q A Yes. You heard all of his testimony? Yes. Q Is it correct that on multiple occasions you would return home and see items gone? A Absolutely. 18 Q Were you ever there to witness your mother or 19 other people remove property from your home? 20 21 A Q Yes, I was. Did you ever see your father become 22 confrontational with her or the people with her? 23 24 Absolutely not. And is it correct, now, there's three sets of A Q 25 table and chairs that were removed from your home, dining 28 - .'^, ~" """,---<"~ ,',;",';', i' '" ~,' i'n' _' L.~ "': 0, , , o 1 room, living room and downstairs? 2 3 4 A Dining room, living room and downstairs, yes. Q Your living room furniture gone? A When I returned home from school, the living room 5 furniture and dining room furniture were all gone. 6 Q Were you there at times when your mother would be 7 removing property? 8 9 10 11 12 A Yes, I was. Q Did you ever witness people helping her? A Yes, I did. Q How many people? A I witnessed, on the first occasion where she 13 moved, um, furniture out of the home, there was one person 14 that was helping her. 15 Q Okay. Can you recall back in her prior 16 separations when she returned to your home, you and your 17 father and brother's home, and returned and removed property 18 like this? 19 20 21 22 23 even? 24 25 A Yes. Q She did this back in '99 too? A Yes, she did. Q Did she remove items that were items of yours A On this most recent one she did, yes. Q And what did she take? 29 '0 " -,<"ie',' "~-",_J.,';":""" ,-" ,'''';',~--~ ~ .d ,,;" ""\"1 CD o 1 A She took, urn -- I had a saxophone that I had when 2 I was in junior high school which was missing. A stereo which 3 was in the living room that was mine. Tapes, you know, simple 4 videos, you know, tapes for a VCR, which were mine that were 5 missing. 6 Q Did you ever witness any type of threats from your 7 father against your mother or your mother against your father? 8 A I witnessed a threat from my mother against my 9 father. 10 Q What did you witness? 11 A Urn, it was what my father referenced in his 12 testimony when my mother had a knife. She was standing in the 13 kitchen. I was adjacent in the Florida room, and she had the 14 knife, picked it up, I believe she said, I wonder what I could 15 do with this? And then she said, I will kill you, or 16 something to that effect. 17 Q Did you witness your father having to go to or 18 did you witness your father willingly just leave and go to 19 different rooms in the house when this was occurring? 20 A When this occurred, my father went actually over 21 to the telephone, which was a cordless phone, and he 22 walked -- it was sitting on the table. He picked up the phone 23 and he called the police, and referenced it to them, and then 24 they came over as she was then moving furniture out of the 25 house. 30 - ~ ' , I ~ ' . ~.j~ ~'-~, , . - .'." ~ ~ o 1 2 3 Q Have you witnessed the police telling your father that they can't do anything about this? A Yes, I have. 4 Q Obvious question but has this been disruptive to 5 your life? 6 A Yes, it has. It's been very disruptive. 7 Q That's all of the questions I have, Your Honor 8 CROSS-EXAMINATION 9 10 11 12 13 14 BY MR. DEARMOND: Q Paul, as far as -- I know about the property that you mentioned, the saxophone and tapes that were taken that were yours. Uh-huh. A Q But most of the property taken, isn't it true that 15 that was just things that you and your father -- you and your 16 mother and father bought together or your father and mother 17 bought together? 18 I would call it common property such as, you know, A 19 sofas, a china closet, tables, chairs. Yes, most of it was 20 common property. 21 Q So really it's kind of like it's more or less just 22 as much hers as it is his? 23 24 Yeah. The incident where you say that your mom A Q 25 threatened your father with the knife. 31 . > ,- "" '"-, ., co o 1 2 A Q Yes. You seem a little, I guess a little reluctant as 3 far as exactly what you said that she said having to do with 4 death. Do you recall maybe thinking about it a little bit 5 more? Can you specifically recall what your mother said 6 exactly? 7 A Urn, to quote her verbatim, I obviously couldn't do 8 that. It was a rather intense moment, you know, when you see 9 someone with a knife. 10 And I tend to think, too, something comes to my 11 mind about, I will chop you up in little pieces. I think she 12 did reference something like that as well with a knife in her 13 hand. 14 It was something to the fact that I will kill you. 15 I will chop you up. Which to me would mean the same thing. 16 Q Is it possible that maybe you misunderstood her? 17 18 A Q No, it's not. You are confident that that was what she was 19 saying? 20 21 Yes, I am. A Q How, do you feel about your mom? 22 A I do not get along with my mother. My mother is 23 very degrading towards me, and she speaks in ways which I 24 would consider very vulgar and antagonistic, that you 25 shouldn't do to anyone, let alone your son. 32 " :' _:-=,,'''- "'ji.j """"""" Cb o 1 Q So you are a little bit hostile towards her, 2 anyway, would that be fair to say? 3 A I am a little bit disappointed in the way she 4 acts. I am not at all hostile towards my mother. 5 Q Isn't it true that you've actually told her that 6 she should just go ahead and kill herself? 7 A No, I have not. 8 Q You never made a statement like that? 9 A No, I have not. 10 MR. DEARMOND: I have no further questions. 11 MR. GRIFFIE: Two questions. 12 REDIRECT EXAMINATION 13 BY MR. GRIFFIE: 14 15 16 17 18 19 20 Q A Q A Paul, had you learned to play the saxophone? Yes. Does your mother play the saxophone? No, she doesn't. MR. GRIFFIE: That's all the questions I have. THE COURT: Thank you. MR. GRIFFIE: I call Christopher Ott to the stand. 21 Whereupon, 22 CHRISTOPHER P. OTT, 23 having been duly sworn, testified as follows: 24 DIRECT EXAMINATION 25 BY MR. GRIFFIE: 33 ~- 1'- , ' ~"" ~',,' eN'. _ _ ' ,;. r.~ - "' _cr. "" 0 III(l;c' CJ) o 1 Q 2 address. 3 A Christopher, please state your name and present Christopher Paul Otto 1022 Teakwood Lane, Enola 4 Pennsylvania, 17025. 5 Q Christopher, how old are you? 6 A Seventeen. 7 Q When will you be 18? 8 A October 19th. 9 Q Are you going into your senior year of high 10 school? 11 12 A Q Yes, I am. Christopher, is it correct that you reside at your 13 home with your father and brother Paul? 14 15 16 17 18 19 20 21 22 23 A Yes. Q And is it correct that your father Roger and mother Linda are sitting here today as parties to these proceedings? A Yes. Q Excuse me. Christopher, did you hear your brother Paul and father testify as to the wide array of items taken from the home, taken by your mother? A Yes, I did. Q Did you witness any of these incidents where she 24 was removing property? 25 A I had come back from a baseball game, and I saw 34 _"!r. _,'"'-- " ' - ,,'~' '.;'-'''';;;!-'o ". ,'_'," "__,~,,, o o 1 her with the U-haul truck and a bunch of furniture inside of 2 it, it was filled, and they were trying to stuff the mattress 3 into it. 4 Q And how did this make you feel when you saw your 5 mother cleaning all of this stuff out of your house? 6 A Like I was helpless. Everything was gone. 7 Q Back when she moved and left in 1999, do you 8 remember coming back to the home and finding actually some 9 friends of yours there at the house? 10 11 12 A Q A Yes. What was going on then? She had come to one of my football practices, when 13 it was over at the high school, and gathered two kids to help 14 her move. 15 She said that she would pay them to help them move 16 furniture. They did not know that it was out of my house. 17 And so when I came to the house and saw them, they then left. 18 19 20 21 22 23 24 25 These were friends of yours? Yes. Have you been present to hear the police tell your Q A Q father that there is nothing that they can do about her returning and keep returning as long as she wants to? A Yes. Q A Chris, did she take some personal stuff of yours? Yes. Urn, since she returned to the house, I am 35 r'_ -, -~ - ,~ " -'~, , ~;, " CD 0,,",,' " 1 missing a stereo, and my toothbrush is missing. 2 Q Missing any CD-Rom's or tapes anything like that? 3 A Yes, CD's, tapes. 4 Q Were these items that were in your room? 5 A No, they were downstairs in an entertainment 6 system in the living room which she took. 7 Q Are they items that you had bought with money you 8 made, that you earned? 9 Yeah. A 10 Things as crazy as shoestrings out of your shoes Q 11 missing? 12 A Yeah, one shoestring out of my shoe. 13 Along with these items being missing, did you also Q 14 see the damage to the property that your father testified to? 15 Yes, I did. A 16 One thing I didn't cover with him, Chris, when you Q 17 would come home after these times that your mother had been 18 there with people or after she left when you were even there, 19 how did she leave the house or rooms that she had been 20 removing the property from? 21 A Things were just everywhere. It's like somebody 22 took it and threw it. Like a tornado went through. Cookies 23 on the counter broken. Dishes allover the place. 24 On one incident did you see items left out of a Q 25 corner cupboard? Some bottles of alcohol and that type of 36 . , I , . ,,,'. '" , .' ~, ". ;~" co o 1 thing? 2 3 4 5 ,6 7 8 9 10 11 A Yes, I did. Bottles broken in the garage, downstairs, everywhere. Q Chris, that's all of the questions I have. CROSS-EXAMINATION BY MR. DEARMOND: Q Christopher, how do you feel about your mother? A I don't get along with her at all. Q Okay. Isn't it true that you on one recent occasion keyed her car? car? I mean, you used a key to scrape her 12 A No. 13 Q You didn't do that? 14 MR. DEARMOND: I have no further questions. 15 MR. GRIFFIE: Chris, did your mother accuse you of 16 that to the police and try to get charges filed against you? 17 18 19 20 Yes, she did. That's all of the questions I have. You may step down. We ask for the admission of our one THE WITNESS: MR. GRIFFIE: THE COURT: MR. GRIFFIE: 21 exhibit and rest, Your Honor. 22 23 24 25 THE COURT: It is admitted. (Plaintiff's Exhibit NO.1 was admitted.) MR. DEARMOND: Your Honor, I would call Linda otto 37 "' __ ~' n'"_ ~,. ., ' " L' ,/, '""q"'~,L,',,',,- ",~, ",--,,: ,', . '') "n, '= . '" CD o 1 2 3 4 5 6 7 8 9 Whereupon, LINDA C. OTT, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. DEARMOND: Q Would you state your name and address? A Linda Camille Ott, 402 North Second Street, apartment 1-F, Harrisburg, pennsylvania 17101. 10 Q Okay. And are you presently married? 11 A Yes. 12 Q And you are married to Mr. Ott seated next to 13 Mr. Griffie? 14 A Yes. 15 Q And are these your two children that have 16 17 18 19 20 21 22 23 24 25 testified against you? A Yes. Q Mrs. Ott, there's been numerous allegations against you. I think many of which you probably would admit fully. Have you removed any items of property from the marital home? A Yes, I have. Q And why have you done that? A Because I was going to be taking up my own apartment, and I did not have the resources to buy anything. 38 -~-' ~ , ' ~'~ ,~ ~ c o 1 2 3 4 5 6 I had already purchased a mattress, a kitchen set, living room furniture, also a TV a stereo and some items were not returned back to the house or they were returned back to the house, but then when I looked for them, when I left this time, they were not there. I have no idea what happened to them. Like my stereo. I was going to take that stereo. 7 It cost me $500.00. I am still paying the bill. And I could 8 not find it. When I asked my husband and my children where it 9 was, they said that they didn't know. 10 11 12 13 14 15 16 17 18 Q Okay. I believe you mentioned something about the How many televisions did you and your family television sets. own? A I believe we have seven television sets in the house. Q A Q A And how many did you take? I took two. Okay. One in the kitchen, which was like a 10-inch TV. 19 And the one in the family room, which was a 32-inch 20 television, I had purchased it but my husband did pay that 21 bill with his Visa charge card. 22 Q Mrs. Ott, your husband testified that you were 23 making some demands for money. I believe specifically you 24 25 were demanding the sum of 1500 at one time. A Db-huh. 39 '~ ~ ,<- '.~",-,-,,--, ,,;, O;,.,J,.' J~ o . w 1 Q And 2,000 at another time. 2 A Correct. 3 Q Is that true? 4 A Correct. 5 Q And why were you demanding money? 6 A I am I was demanding money because I had -- I 7 did not have the means in order to pay my rent. I have had to 8 collect unemployment. My car was stolen. My keys to my 9 mailbox were stolen so I cannot get the mail out of my 10 mailbox, and I am positive there is an unemployment check in 11 there for me. 12 I called welfare to ask them if they could pay my 13 rent, and they said that I made too much money. I didn't want 14 to ask my father for anymore money because he has lent me 15 money. 16 So I figured, you know, since my husband has such 17 a good job with the government, that maybe he could give me 18 some money in order for me to survive, and not have to do 19 anything that I might regret. 20 Q You -- well, never mind. Do you have a key to the 21 house? 22 A No, I do not. 23 Q And as far as the windows and the screens, did you 24 damage those at any time? 25 A Yes. The only window that was broken was the 40 I~~- ~ o A"" V 1 window in the basement, in order for me to get in. Because 2 the second time when I went there, I had tried to get in 3 through the window, and all of the windows were locked. So 4 instead of breaking a big window, I broke a little window in 5 the basement. I had previously gone there, and I did rip one 6 of the screens in order to get through the window. 7 Q During the separations that occurred previously 8 with your husband -- 9 Uh-huh. A 10 -- did you leave voluntarily? Q 11 A No. 12 Would you tell us a little bit about that? Q 13 Well, with the first time when I left was December A 14 17th when he choked me in the bedroom. Of course he is 15 denying that. I did get a P.F.A. on him about that. 16 What year was that? Q 17 A '98. 18 '98. Okay. Q 19 The reason why I didn't go through with the P.F.A. A 20 was because my son Paul was going to testify that he did not 21 see the red marks on my neck, which he did. 22 So instead of going into this big to-do, I just 23 decided to drop the P.F.A. and try and reconcile with the 24 husband. 25 Q Okay. Was there an incident that took place in 41 '< 'I ,', F', ., -- ,,~ ^" , -~;, , \ CD " 1 May of this year 2 A Yes. 3 Q -- between you and your husband? 4 A Uh-huh. 5 Q What day did that occur on? 6 A It was a Saturday. I believe it was the 20th. 7 Q Okay. And then exactly - - could you describe to 8 us what happened? 9 A Certainly. I had gone back to the house for the 10 last time to take the rest of my stuff, and I was in the 11 kitchen going through some of the drawers taking spoons and 12 stuff, and he grabbed one of the butcher knives and said to 13 me, What do you think I could do to you with this butcher 14 knife? And I said, I really don't know. And he said, Well, I 15 think I can chop you up in little pieces. 16 Q Counsel and your husband introduced into evidence 17 a separation agreement. 18 A uh-huh. 19 Q Did you review that separation agreement with your 20 attorney before you signed it? 21 22 A Q No, I did not. Why did you sign it, then, without going over that 23 with Mr. Andes? 24 A The reason why I didn't go over it with my lawyer 25 is because my husband had said that if I signed that 42 .~, '" ........,1 "- '. ~~ ~~ "'" "-,, '" o o 1 2 3 4 5 agreement, he would voluntarily pay my credit card bills, which were approximately $20,000.00. Those -- urn -- Q Was that in the agreement? No, it was not. A Q Okay. 6 A Those bills were something that I had occurred 7 over the first time that I had left, after he choked me. I 8 had no furniture. I had nothing. So I went out and bought, 9 you know, a living room, a bedroom, a kitchen, utensils, 10 everything that I needed, and the amount was about 20,000. 11 He promised that he was going to pay those bills 12 for me. He would refinance the house and pay the bills as 13 long as I signed that separation agreement, which I did. 14 After I signed the agreement, he accused me of 15 having a boyfriend and threw me out of the house again. Had 16 all of my bags packed in the living room. Accused me of 17 having a boyfriend. 18 In fact, followed me to a friend of mine's house 19 who happens to be a male. Removed my license plate. I had 20 called East pennsboro Police. They wouldn't help me get my 21 license plate back. I had to go the next day and get a new 22 license plate. 23 When I asked him why he did that, he said, I 24 finally caught you. Caught me doing what? I am standing here 25 in my clothes. What did I do? 43 ,," "".' ,'oj co o 1 You are having an affair with so-and-so. Am not 2 having any affair. He happens to be a friend of mine. Excuse 3 me. 4 5 6 7 8 9 10 11 12 13 14 15 16 Q Did -- I believe your son Paul testified that -- well, testified basically that the relationship was not in great shape. A Dh-huh. Q Why do you think that is? A My husband is a very controlling person. When I was depressed, I would stay in bed for weeks and months. He enjoyed that. Once I got a job and was able to make friends again, and act like a human being, he didn't like that. He, urn, would want to tell me exactly what to do, when to do it, how to do it, why to do it. I would be questioned every minute that I was in 17 that house, where I was going, what I was doing. If I 18 returned five minutes later than I had told him, he would 19 blow a gasket. 20 Meanwhile, he would tell me he was going out for a 21 run, come back three hours later. And I, of course, never 22 questioned him because I don't do that. 23 So obviously two people like that cannot get along 24 if one is going to be controlling the other person's life 25 exclusively, and the other person is just going about her 44 "0 ~ I" .~- " , :u ," ~: "'"'''~_+~'' <'~'Iw,~;"-,-,_, > " "' , W~, CD o 1 business. 2 Q 3 mention, 4 refute? 5 A Okay. Is there anything else you would like to maybe, that I didn't touch on, that you would like to The only other thing that I would like to say is 6 my son Paul is a liar. He did, in fact, on that Saturday of 7 May 20th, said to me, Why don't you just go downstairs, take a 8 knife and kill yourself. 9 I said, Why would I do that, Paul? He said, Well, 10 me and my brother can then get your money, your jewelry and 11 your car, and we wouldn't have to worry about you anymore, 12 because you are nothing but a pain in the ass. 13 I said, Oh, don't worry about it. I already took 14 care of it. I have a will and you and your brother will get 15 $1.00 each. My nieces and nephew who treat me like an aunt 16 will get the rest of my belongings. So please don't worry 17 about it. 18 And as far as my killing myself, I said, I really 19 don't think I am going to do that. I have already been a 20 patient at Edgewater Psychiatric Center for 17 days, and I was 21 diagnosed as bipolar, currently taking my medicine, even 22 though my husband and children believe I do not. 23 24 25 Q A Q What medicine do you take? Tegretol. Okay. 45 ", -~, , '''';'1'' ,,_ "'=.,_J,~o ~":"'--",;'~"," ,0,",',.', o 0 1 MR. DEARMOND: I have no further questions. 2 CROSS-EXAMINATION 3 BY MR. GRIFFIE: 4 Q Mrs. Ott, in your testimony you indicated that 5 when you went back to the house for the last time, and then 6 you told us what you did. Are you done going back to the 7 house? 8 A Yeah. In fact, I did go back and take the 9 birdbath, that was the last time I went. I did not go in the 10 house. I went in the backyard and took my birdbath that was 11 given to me by my sister-in-law. 12 Q You -- at this point you don't intend to return to 13 that property? 14 A I have not returned since I took the birdbath. 15 Q I understand. You don't intend to return to that 16 property? 17 18 A Q No, I don't. You are not going to go back and take your other 19 son's toothbrush? 20 A I am not going to even answer that one. I am not 21 going to justify that with an answer because you are ignorant. 22 Thank you. 23 Q You are not going to go back and clear the 24 cupboards out of more food? 25 A I don't know what a person is supposed to do if 46 - ~ " '" ,.,'"",.:., ='-e-< (D o 1 they don't 2 3 MR. DEARMOND: Objection. THE WITNESS: have means as to how my husband 4 has a very good job with the government. And I, on the other 5 hand, did not go to college because I was taking care of my 6 two children while he went to college. 7 And all of a sudden, now, I am supposed to get 8 this big job out of the clear blue sky because he has a 9 girlfriend who gives him good blow jobs, he tells me. Okay? 10 Is that something nice to write in the 11 MR. DEARMOND: I object to the question. It's 12 argumentative. She answered the question. She is not going 13 back. 14 BY MR. GRIFFIE: 15 16 17 18 19 20 21 22 23 24 25 Q Mrs. Ott, on the message you left to your husband when you demanded money, isn't it correct, you didn't just ask for money or say you couldn't make ends meet, you attempted to get money from him in return for you dropping the request for custody of your 17-year-old son; is that correct? A Yes. Q And you requested or demanded money from him in return for you dropping a protection from abuse action you filed in Dauphin County? A Q Yes. When was your car stolen? 47 ,,- ,..".." --, - ;~- '; , ~ ~'Iti o o 1 A Last Tuesday the 6th. 2 Q So you were driving the car on in the middle of 3 May, May 15th, 16th, 17th, 18, that period of time, you had 4 the car in your possession. 5 A Yes, I did. 6 Q And in fact, at various times you have left over 7 the past two years, you have always had that vehicle with you. 8 A What do you mean I have left? You mean when I 9 10 11 12 13 14 15 16 17 was kicked out of the house? Yes. Q When you and your husband separated. Would that work? A No. Q Okay. Any time that you were not living at this home, did you have the vehicle that is presently in your possession A Q Yes, I did. -- in your possession? Is it not correct that in 18 July of '99 you were still using the legal services of 19 Attorney Sam Andes? 20 21 22 23 24 25 A July of '99? Q Yes. A I didn't have any contact with him, no. Q Did you have contact before July of '99? A Yes. Q Did you have contact after July of '99? 48 . .~ ., '-, .........,' ,. , ~,', ~'~" -, , ,'.,"~" "~,' CD o 1 A Nope. 2 Q So if he would have written to me after July of 3 '99 about this matter, you have no idea why he did that? 4 5 6 7 8 A Q A Q A What matter? About your divorce and property settlement? I believe I wasn't using Mr. Andes anymore. Okay. In fact, I never even paid him, I don't think. 9 Q And isn't it correct that the male friend you've 10 referenced, that's who you lived with for one of the periods 11 of time that you were not living in the marital home? 12 13 14 15 16 17 18 A Q A No. You didn't receive I was kicked out of my house. I went to his house and asked him if I would be able to stay there until I got an 22 23 24 25 Q He said, Yes. I stood there, two or three days. I don't call it taking up residence. Never received mail there? apartment. That's it. 19 A No, I did not. My husband decides to send mail, 20 thinking that I am living there, for some strange reason. 21 Because he is dilutional. Q A Q A Well, then, you did receive mail there. No, I didn't. He sent mail there, my husband. How do you know that? Because he thinks that I live with this guy. 49 ~ ~, <, "' ~ .'~' ';"'-" . ,~' -, '. ",-, , " ." ~~ . d1.1 <J) . 1 2 3 4 5 6 7 8 9 Q A How do you know he sent mail there? Because I got two copies of that divorce action that you wrote up, and one of them has Jeff Kitting. It's right there. It says Linda C. Ott, care of Jeffrey Kitting, 507-A Ross Avenue, New Cumberland, PA 17070. Q Okay. So you are saying -- A You signed it. Q So you are saying that I tried to contact you for service with documents at that address? Yes, through Jeffrey Kitting. Your husband didn't send you things there. Through your office. Okay. Okay. That clears that up. Okay, Mr. Obnoxious. MR. GRIFFIE: That's all of the questions I have, 25 THE COURT: Anything else? MR. DEARMOND: No, Your Honor. 19 THE COURT: Thank you, ma'am. You may step down. 20 Anything further? 21 MR. DEARMOND: Nothing from us, Your Honor. 22 MR. GRIFFIE: No rebuttal, Your Honor. 23 THE COURT: Care to make any statement from either 24 side? 10 A 11 Q 12 A 13 Q 14 A 15 16 Your Honor. 17 18 MR. GRIFFIE: Your Honor, I have been doing this a 50 -"~,- , h -- "' '.~; '.'> ,-, , " (D o 1 long time, and have filed more exclusive possession actions 2 than I wish I had, and I have never seen one more clear than 3 this. 4 I find it unfortunate that these two young men had 5 to testify here today. I think any case law fully 6 supports our request for exclusive possession for this 7 gentleman and his sons. That's all we have to say. 8 MR. DEARMOND: Your Honor, I really have no 9 particular statement to make. 10 THE COURT: Well, we agree that it's supported by 11 the case law, which is the case of Laskowski versus Laskowski, 12 and subsequent legislative enactment, which are designed not 13 so much to protect tooth brushes and property -- although 14 that, I suppose, is one aspect -- but more importantly to 15 minimize friction during divorce, to give the parties some 16 stability in their living areas, and protect children from the 17 effects of divorce. 18 And orders of exclusive possession are 19 particularly appropriate where the other party has adequate 20 living arrangements as an alternative, and I have heard 21 nothing to the contrary. 22 We will enter this order: AND NOW, this date, 23 the within petition for exclusive possession is granted, and 24 the defendant is enjoined from entering upon or being at the 25 premises located at 1022 Teakwood Lane, Enola, Cumberland 51 "~-',' "' ,~" :;",,~'~"-~ -- ~, ~',' J, . ~ o 1 County, Pennsylvania, pending further Order of Court. 2 Unless there is anything further we are adjourned. 3 (Whereupon, the proceedings adjourned.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I 52 '-'> -' " '-. -,. " ,',,, "'.L.. !2l:L ~ o 1 CERTIFICATE 2 3 4 I hereby certify that the proceedings are contained 5 fully and accurately in the notes taken by me on the above 6 cause and 7 8 9 10 11 12 13 that this is a correct transcript of the same. 14 The foregoing record of the proceedings on the hearing 15 of the within matter is hereby approved and directed to be 16 filed. 17 18 19 (/fht,t. 'U> 2.DO~ ~te /Ill 20 A. Hess, J. Judicial District 21 22 23 24 25 53 "ri -_'01 " ROGER E. OTT, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; CIVIL ACTION - LAW : NO. 00-3113 CIVIL TERM LINDA C. OTT, Defendant : IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME Notice is hereby given that the Defendant in the above matter, having been granted a final decree in divorce on the ~ day of ::\0 b~\U.A , 200lhereby intends to resume , and hereafter use the previous name ofLlNDA C. MUSANTRY and gives this written notice avowing her intention in accordance with applicable law. ~c, &c LIN . OTT To be known as: ~(!, L . MUSANTRY 7 COMMONWEALTH OF PENNSYL V ANlA SS. COUNTY OF CUMBERLAND On the 81la fu day of tv Jo\? uQ.\u\. ,200., before me, a notary public, personally appeared LINDA C. MUSANTRY (formerly known as LINDA C. OTT), known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. Ul01-AL~, ~~~ Notary Public \ NOTARIAL SEAL Vickie J, Group, Notary Public Borough of Carlisle, County of Cumberland My Commission expires Aug. 30, 2004 0 c:; - c -o~ ." r; rrj~g ('1'1 -:0>-'" ,=0 L...:;- 2:'- ["..,) '! , (0:->-- ~;~:- """ ... \_- ~8 ::::r, --,-<,. S.~) " -, ~::: ::-i __...l ~) ~ ~-<. ::'0 -< ~~ ~ ~ ~ '" W "" "'" ~"""'"' '~"-.:4' ~ 11 i~ Oil ....) e.-