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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Michael C. otto
PENNA.
STATE OF
No. 00-3318
VERSUS
Li..il F. otto
DECREE IN
DIVORCE
AND NOW'~
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DECREED THAT Michael C. otto
, PLAINTIFF,
AND Lisa E. Lilv~rty
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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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 Property Settlement Aqreement dated June 20. 2003
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but not m~rqea in r.hi~ nivnr~A np~r~
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MICHAEL C. OTTO,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-3318 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
LISA E. OTTO,
Defendant
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 93301 (c) of the Divorce
Code.
2. Date and manner of service of the complaint: Certified mail on May 31,
2000.
3. Date of execution of the Affidavit of Consent required by 93301 (c) of the
Divorce Code.
By Plaintiff: June 20, 2003 By Defendant: June 5, 2003
4. Related claims pending: None.
5. Date the Waiver of Notice in 93301 (c) divorce was filed with the
Prothonotary:
By Plaintiff: June 20, 2003
By Defendant: June 11, 2003
1!'i~~uire
Attorney for Plaintiff
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MICHAEL C. OTTO,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00- 33/~ CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
v.
LISA E. OTTO,
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth
in the following pages, you must take prompt action. You are warned that if you fail to
do so, the case will proceed without you and a decree in divorce or annulment may 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 the First Floor, Cumberland County
Courthouse, Sooth Hanover Street, Carlisle, Pennsylvania 17013.
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 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) 249-3166
'II
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MICHAEL C. OTTO,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00- 33ft CIVIL TERM
LISA E. OTTO,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is Michael C. Otto, an adult individual, currently residing at 6 Kuntz
Drive, Gardners, Cumberland County, Pennsylvania.
2. Defendant is Lisa E. Otto, an adult individual, currently residing at 314
North Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant are bonafide residents of the Commonwealth of
Pennsylvania and have been so for at least six months immediately previous to the filing
of this complaint.
4. Plaintiff and Defendant were married on May 30, 1992 in Cumberland
County, Pennsylvania.
5. There have been no prior actions for divorce or annulment between the
pa rties.
6. The Defendant is not a member of the Armed Forces of the United States
of America, or its Allies.
7. The 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, the 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.
9. The parties have lived separate and apart since May 5, 2000 and continue
I to live separate and apart as of the date of this Complaint.
! 10. The parties' marriage is irretrievably broken.
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11. Plaintiff desires a divorce based upon the belief that Defendant will, after
ninety days from the date of the filing of this Complaint, consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in
divorce.
Respectfully Submitted
TURO LAW OFFICES
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VERIFICATION
I verify that the statements made in the foregoing Divorce Complaint are true and
correct. I understand that false statements herein made are subject to the penalties of
Pa.C.S. ~4904 relating to unsworn falsification to authorities.
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-Michael C. Otto
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PROPERTY SETTLEMENT AGREEMENT
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THIS IS AN Agreement made this ;20- day of J" IlK! , 2003, by and between
LISA E. OTTO, (hereinafter referred to as Wife) and MICHAEL C. OTTO, (hereinafter
referred to as Husband).
WHEREAS, Husband and Wife were married on May 30, 1992; and
WHEREAS, various differences have arisen between Husband and Wife, whereby they have
been living separate and apart; and
WHEREAS, the Husband has commenced a divorce action against Wife docketed at No.
2000-3318 in Cumberland County, Pennsylvania; and
WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the
property rights of the parties and to dispose of the rights and obligations of each to the other
in respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other
rights and obligations under the Divorce Code of 1980, as amended, and it is the intention allld
agreement of the parties that this Agreement be a full, complete and final settlement of all of
those rights and obligations under said Divorce Code; and
NOW, TlI:IEREFORE, for and in exchange of mutual considerations, and intending to be
bound by the provisions hereof, the parties agree that their recitals form a part of this
Agreement and waive any right to counseling under the Divorce Code of 1980, as amended,
and right to counsel fees, costs, alimony, support, maintenance, and any other rights under
the said Divorce Code not provided for herein and agree as follows:
1
The parties agree that it shall be lawful for each party, at all times hereafter, to live separate
and aparlt from the other, at such place or places as he or she may, from time to time, choose
or deem fit. Each party shall be free from interference, authority or contact by the other, as
fully as if he or she were single and unmarried, except as may be necessary to carry out the
provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to
molest the other, nor compel the other to cohabit with the other, or in any way harass or
malign the other, nor in any way interfere with the peaceful existence, separate and apart,
from the other.
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2
Attorney Robert J. Mulderig is holding monies in his escrow account from the sale of real
estate that was owned jointly by the parties. The parties agree that Attorney Mulderig may
close his escrow account on that matter and pay the sum of $9,500.00 to Wife via a check to
Wife's attorney Hubert X. Gilroy, Esquire. The remaining funds in said escrow account shall
be paid to Husband.
3
The parties acknowledge that they have equitably divided all items of personal property, and
both parties waive any claim on any items of personal property in the possession of the other
party.
4
Each party waives any claim they may have against the other party's retirement plan.
5
Upon finalization ofthe divorce, the spousal support action initiated by Wife against Husband
at the Cumberland County Domestic Relations Office at P ACSES Number 890102307 shall be
terminated. Husband shall be responsible for payment of any arrearages owing 011 said
support action, but there shall be no support obligation accruing after the date of entry of the
divorce.
6
Each party hereby represents that they have disclosed all of the marital assets to the other
party in the negotiations for the consummation ofthis Agreement.
7
The parties agree to execute the Consent Affidavits in order to finalize the divorce, the
Husband agrees to proceed with finalizing the divorce case.
8
Both parties shall incur their own legal expenses with respect to this divorce litigation.
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The parties agree that they will not contract or incnr any debt or liability for which the other
party might be responsible and shall indemnity and save the other party harmless from any
and all claims or demands made against that party by reason of such debts or obligations
incurred by the other party.
10
Should a decree, judgment or order of separation or divorce be obtained by either of the
parties in this or any other state, country, or jurisdiction, each of the parties hereby consents
and agrees that this Agreement and all of its covenants shall not be affected in any way by any
such separation or divorce; and that nothing in any such decree, judgment, order or further
modification and revision thereof shall alter, amend or vary any term of this Agreement,
whether or not either or both of the parties shall remarry, it being understood by and between
the parties hereto that this Agreement shall survive and shall not be merged into any decree,
judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of
this Agreement or the substance of the provisions thereof, may be incorporated by reference
into any divorce, judgment or its decree. This incorporation, however, shall not be regarded
as a merger, it being the specific intent ofthe parties to permit this Agreement to survive any
judgment and to be forever binding and conclusive upon the parties.
11
Husband and Wife do hereby mutually remise, release, quit claim or forever discharge the
other and the estate of such other, for all time to come, and for all purposes whatsoever, from
any and all rights, title and interest, or claims in or against the estate of such other, of
whatever nature and wherever situate, which he or she now has or at anytime hereafter may
have against such other, the estate of such other or any part thereof, whether arising out of
any former acts, contracts, engagements or liabilities of such other or by way of dower or
courtesy of claims in the nature of dower or courtesy, or widow's or widower's rights, family
exemption or similar allowance or under the intestate laws; or the right to take agailllst the
spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all or
other rights of the surviving spouse to participate in a deceased spouse's estate, whether
arising under the laws of Pennsylvania, any state, commonwealth or territory of the United
States, or any other country or any right which either party may now have or at alllytime
hereafter have for past, present or future support or maintenance, alimony, alimony pendente
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 or for the breach of any provision
thereof. It is the intention of Husband and Wife to give to each other by the execution of this
Agreement a full, complete and general release with respect to any and all property of any
kind or nature, real, personal or 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 provision thereof.
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12
Each party individually covenants and agrees that he or she will individually assume the full
and sole responsibility for legal expenses for his or her attorney and court costs in connection
with any divorce action which may be brought by either party and shall make no claim
against the other for such costs or fees.
13
Each of the parties shall, from time to time, at the request of the other, execute, acknowledge
and deliver to the other party any and all further instruments or documents that may be
reasonably required to give full force and effect to the provisions of this Agreement.
14
A modification or waiver of any of the provisions of this Agreement shall be effective only if
made in writing and executed with the same formality as this Agreement. The failure of
either party to insist upon the strict performance of any of the provisions of this Agreement
shall not be construed as a waiver of any subsequent default of the same or similar nature.
15
This Agreement contains the entire understanding of the parties and' there are no
representations, warranties, covenants or undertakings other than those expressly set forth
herein.
16
It is specifically understood and agreed by and between the parties thereto that each
paragraph hereof shall be deemed to be a separate and independent agreement.
17
If either party breaches any provision of this Agreement, the other party shall have the right,
at his or her election, to sue for damages for such breach or seek such other remedies or relief
as may be available to him or her and the party breaching this Agreement shall be responsible
for payment of legal fees and costs incurred by the other in enforcing the rights under this
Agreement, or in seeking such other remedies or relief as may be available to him or her.
18
This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania.
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If any term, condition, clause or provision of this Agreement shall be determined or declared
to be void or invalid in law or otherwise, then only that term, condition, clause or provision
shall he stricken from this Agreement, and, in all other respects, this Agreement shall be valid
and continue in full force, effect and operation.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
WITNESS
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MICHAEL C. OTTO
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LISA E. OTTO
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3301(c).not
MICHAEL C. OTTO,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v
: 00-3318
CIVIL TERM
LISA E. OTTO,
Defendant
: IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on May
30, 2000.
2. Defendant acknowledges receipt and accepts service of the Complaint on or about
June 1, 2000.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of the filing of the Complaint.
4. I consent to the entry of a final decree of divorce without notice.
5. 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.
6. I understand that I will not be divorced until a Divorce Decree is entered by the Court
and that a copy of the Decree will be sent to me immediately after it is filed with the
Prothonotary.
7. I have been advised of the availability of marriage counseling and understand that I
may request that the Court require counseling. I do not request that the Court require
counseling.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn
falsification to authorities.
Date:
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LISA E. OTTO, Defendant
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MICHAEL C. OTTO,
Plaintiff
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-3318 CIVIL TERM
LISA E. OTTO,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under 93301 (c) of the Divorce Code was filed on
May 30, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of the filing of the Complaint.
3. I consent to the entry of the final Decree in Divorce after service of Notice
of Intention to request entry of the decree.
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. 94904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
Date
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MICHAEL C. OTTO
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MICHAEL C. OTTO,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-3318 CIVIL TERM
LISA E. OTTO,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~ 3301(9 OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of 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 divorced until a Divorce Decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is filed
with the Prothonotary.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
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lCHAEL c. OTTO
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MICHAEL C. OTTO,
Plaintiff
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-33'~ CIVIL TERM
LISA E. OTTO,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF SERVICE
I HEREBY CERTIFY THAT I served a true and correct copy of the Divorce
Complaint filed in the above captioned case upon Lisa E. Otto, by certified mail, return
receipt requested on May 31, 2000 addressed to:
Lisa E. Otto
314 North Baltimore Avenue
Mt. Holly Springs, PA 17065
and did thereafter receive same as evidenced by the attached Post Office receipt card
dated June 6, 2000.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE,
INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN
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MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 I
RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES.
TURO LAW OFFICES
6/7)6
Date .
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Robert . Mulderig, EsqUIre
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
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,',.. 3:'Article Addressed to:
tjgl1l E. Otto .
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1. 0 Addressee~s Address
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DCOD
1~..B-022a ~6Return Receipt
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