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HomeMy WebLinkAbout00-03352 ~L 1 -, ~ ~, ~ , :'" 11"1 ;1 II II .,' " " ~:..x :::~::C~:: .:;~::C{)::':::()::.::~:::>~Cf;:X.::(::~~"~f~!~}~.~~t).::.::{ .~:~::.:::':;: ';~::+::.'~ ::~.::.::..::' :::~::C{ '~!::C{:"::.::{:,:'::C,,:: ::;~::C.~::;.o~-:;;!.{~&~(:X.i::,!::CK::'~::'::~~: ::;~::.X;~.:'+::~:)J:~(!::c~n~!~ M . ~ 6 ~ ~ X ^ ~ N ~ i". ~.S e. ~ ~.~ ~ t ".~ ~) ~ ~ "'.~ ~.~ ~ IN THE COURT OF COMMON PLEAS OF ;..~ ~ ~ CUMBERLAND COUNTY' STATE OF ~ ',.,< a "'i'. PENNA. i ~.~ ~ ~.~ *' ~ ~, ~ ~.~ .. .I<l\.~LA.J~ ,. ~I>J;;~C:I1.E:~.E,. m...m__...~ I II ~ ~.~ . N o. ...~.~::}}~.~.. C.:!,Y:!-)......u ~~~ ~ ~ ~ I ~.~ ',,' ~ ~ ~l'. n a ~.~ ~.~ I i ~ :'..~ ~ ..~Plaintiff Versus .R()(;E~ w .I>I?c:HJ;;~:E, i ".~ ~ ~ ~ ~ De f.endan t N ~ o ~ "'.~ i "'.~ ~ ~~ . ~.~ ,; f..~ ~ ;..~ . ~', ~":~ ~ ~'>: ~ ~ '.~ DECREE IN DIVORCE AND NOW, ........... .4!'.I...!?:~..., w. ?Q(n. it is ordered and decreed that ............... ~~~~. .~ ~ . ~.~<:~~~.~ . . . . . . . . . . . . . " plaintiff, and........................ .~~:E:~.~... .I?I?~~.E:~l?............, defendant, n ~ ~:~ ~ ~.~ ~.S * are divorced frorn the bonds of matrimony. It is further ordered that th ~ terms of the Marital Settlement Agreement of the parties dated Janua :. 26. 1999. shall be in~o~PQ~ated hfrei~. but. not m~rged ~ The court retains IUrlSalctlon 0 tFie tollowmg claims which have ;.; ! been raised of record in this action for which a final order has not yet ;.; been entered; ~ ~ ~ '".,,' W ~.~ ;"S ~ ~ f.~ ~.~ ~ ~.~ ~ Ai.. f.lL .......................................................................... , ~ ~ ~.~ ~ ~.~ ;..~ ~ ~.~ ~ 8 ~', -....................................................... . *- ~/ By T\ court:/ .~.. /.l#- .. Attest: (j ~ ~.~ ~ A ~.~ ~ ~ ~ M ~ B ~ ~ - - ~ ~~~~~~~~~~~~~~~~~~.~.~ J. * 'l ~ '.' .._Ud....._.._ Prothonotary ii:. 'l ~ y ~~ ::':::.::0-::>:::.::<::-:::.::' .::-::+::-::::;':::+::--:::::'::.::."-"'::.::'" ::.::.::..;:-:'.::.::<:"'::.::':; . ;:;, - , "",~",-. ,...f ", .'. .../ . ,,< ., i/.;t.tJ/ d Co/j~;c df ~ 1/1~1J1 '714. /11.~?i; ~ < " .' ""- - _ ,. .!!ffll'~_~ __ ". ~~! -r' -~ ~". --"',", " '"",, , -- "'~-' -'. """ ~- SOCIAL SECURITY INFORMATION SHEET PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a)(3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITY NUMBER. PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE. DATE: March 23, 2001 DOCKET NUMBER: 00-3352-Civil PLAINTIFF/PETITIONER SS#: 194-56-8721 NAME: Karla Jean Dechene DEFENDANTIRESPONDENT SS#: 167-40-0099 NAME: Roger William Dechene , ,,~- <-."., '"-tj' " 'lb (X).335'1-- '. , T MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~f11 day of ~-1UI~ ~999, between KARLA J. DECHENE, hereinafter r erred t as and ROGER W, DECHENE (hereinafter referred to as HUSBAND). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 5, ~987, in Cumberland County, Pennsylvania; and WHEREAS, two (2) children were born of this marriage: Olivia R. Dechene born March 23, ~992, and Owen R. Dechene born October 8, ~995. (WIFE) WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of marital property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Wife has been represented by Linda A. Clotfelter, Esquire and that Husband has been informed that he has the right to independent legal counsel, but he had chosen not to be represented in this action. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. The parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement, is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is .rot the result of any duress or . , hf'"l";" undue influence and that it is not the result of any improper or illegal agreement or agreements. NOW THEREPORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and wife at all times hereafter to live separate and apart from the other party as such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property nereinafter 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 or any part thereof, whether arising out of any former act, contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or ~ ~o...l'" -I. ..t:ii " curtesy or widow's or widower's rights, family exception or similar allowance, or 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, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the law of Pennsylvania, any state, commonwealth or territory of the United states, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses', whether arising as a result of the marital relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the 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 hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of ~ c_~ ,. , "~'~i property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel fees, costs and expenses incurred or to be charged by any counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter in paragraph 21. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such prov1s10n for the other as he or she may desire in an by his or her last will and testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this Agreement. .! ~ -,~" -," "N-lih'f 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement and by entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to requestor use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. PENSION. PROFIT-SHARING. RETIREMENT. CREDIT. UNION OR OTHER EMPLOYMENT-RELATED PLANS. The parties hereto expressly waive and relinquish any right, claim, title or interest in any pension, prOfit-sharing, retirement, credit union or other employment- related plans in which the other has any interest by virtue of his or her past or present employment, whether vested or unvested, matured or unmatured. 7. EOUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the fact that it is the first marriage for Husband and Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased ~ ~ ~ "-, "'-',;'i '. earning power of the other party; the opportunity of each party for further acquisitions 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 the marital property, including the contribution of each spouse as a homemaker the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances. of each party at the time the division of the property is to become effective. 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. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. MOTOR VEHICLES. The parties agree that Husband shall have full and sole possession of the 1996 Chevrolet S-10 Truck, and Wife shall become full and sole owner of the 1995 Chevrolet S-10 Blazer. On or before the date of the execution of this Agreement, the parties shall execute the titles to the said vehicles, if appropriate, so as to effectuate the transfer as herein provided. Furthermore, each party shall become solely responsible for the financial obligation associated with the vehicle he or she is to retain pursuant to this Agreement and each party agrees to indemnify and hold harmless the other party from any and all liability therefor. B DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and .i . , .~ '. after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assigned or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. Except as otherwise set forth hereinafter, neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Notwithstanding the foregoing, the parties agree that the assets listed on Exhibit "A" attached hereto and made a part hereof, shall be distributed as stated therein. The transfer of such items shall take place within thirty (30) days following the date of execution of this Agreement. Should it become necessary, the parties each agree to sign, upon request, any titles or documents neces;saryto give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, it is physically in the possession or control of the party at the)time of the signing of this Agreement, and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Anything to the contrary contained herein notwithstanding, Husband and Wife shall be deemed to be in the possession and control of any pension or other employee benefit plans or other employee benefits of any nature to which either party may have a vested or contingent right or interest, apart from the provision of the Divorce Code, at the time of the signing of this Agreement. From and after the date of the signing of this Agreement, both parties s;hall have complete freedom of disposition as to their separate property and any property which is in their pos;s;ession or control, pursuant to this; Agreement, and may 1. .l -..~" _ . ,. , ~---^ :!fr,'- mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during, or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. C. DEBTS. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date .of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible. and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. Husband hereby assumes and shall be solely responsible and liable for the payment of the following obligations: a. Blue Mountain Anesthesia Account (which the parties acknowledge is in Husband's name alone); b. Auto Loan for 1996 Chevrolet 5-10 Truck; and c. Members First Key Loan. Husband shall immediately upon execution of this Agreement take such steps as are necessary to transfer ownership of the said accounts and obligations to his name solely, obtaining a full, complete and general release of Wife from the said creditors. In the event that the creditors refuse for any reason to transfer the accounts to Husband's name .!!. ,- ~ ~. W It~,: absolutely and to release Wife from any liability thereon, such accounts shall be immediately closed. Wife hereby assumes and shall be solely responsible and liable for the payment of the following obligations: a. Auto Loan for 1995 Chevrolet S-10 Blazer; and b. 1998-1999 Real Estate Taxes on marital residence and adjoining property, upon the contingency that the parties' 1998 Income Tax Return shall be filed jointly with Wife receiving the total amount refunded minus $400.00 which Husband shall use to pay the homeowner's insurance policy premium due April 1, 1999, unless the refund amount to Wife is less than $400.00, then the refund shall be received by Wife alone. It is the intent of Wife to utilize the tax refund to pay the Fulton Bank Mastercard account, said account having been used by the parties to pay for automobile insurance for both parties. Wife shall immediately upon execution of this Agreement take such steps as are necessary to transfer ownership of the said accounts and obligations to her name solely, obtaining a full, complete and general release of Husband from the said creditors. In the event that the creditors refuse for any reason to transfer the accounts to Wife's name absolutely and to release Husband from any liability thereon, such accounts shall be immediately closed. 8. CUSTODY OF CHILDREN. Two children were born of this marriage: Olivia R. Dechene born March 23, 1992, and Owen R. Dechene born October 8, 1995. The parties agree to the following terms regarding the custody of their children: A. Leaal Custodv - The parties shall have shared legal custody of the children. Except in an emergency, all major decisions concerning the health, education and welfare of the children will be made by agreement of both parents and both parents shall be entitled to equal access to the children's school, medical and dental records. .! -- - I-I , B. primarv Phvsical Custodv - Wife shall have primary physical custody of the children. C. Partial Phvsical Custodv - Father shall have partial physical custody .of the children every Wednesday evening from 5:30 p.m. until 7:30 p.m. and alternating weekends from Friday at 6:00 p.m through Sunday at 6:00 p.m. D. Holidavs - The parties shall alternate physical custody of the children on the following holidays: Easter and Thanksgiving, beginning with Mother having custody of the children on Easter, 1999. The holiday periods of custody for Easter and Thanksgiving shall be from 8:30 a.m. through 7:30 p.m. The Christmas holiday shall be designated as two (2) custody periods with Husband having the first custody period from 5:30 p.m. to 10:30 p.m. on December 24th, and Mother having the second custody period from 10:30 p.m. on December 24th to 5:00 p.m. on December 25th. E. Father's/ Mother's Dav - Father shall have physical custody every Father's day and Mother shall have physical custody every Mother's Day regardless of the regular custody schedule. The period of custody shall be from 8:30 a.m. through 7:30 p.m. on that day. F. Vacation - Mother and Father agree that they shall each be entitled to two (2) nonconsecutive weeks of custody each summer for the purpose of vacations. The summer vacation custody periods will supersede the regular custody schedule and each parent shall give the other thirty (30) days notice of the dates of the summer custody periods for vacations. G. Aareement to Varv - Mother and Father, by mutual agreement, may vary from this schedule at any time, but any Order entered shall remain in effect until either party petitions to have it changed. 10 ~ ~ '1 , I i I i I I 1 I I I I ! II .;;. 1I _I~ L_ , " ~. ~- .41,!-",', H. Tax ExemDtions - For such period of time as the children remain in the primary physical custody of wife, she shall be entitled to claim any appropriate dependency exemptions and child care expense credits for tax purposes. I. TeleDhone Contact - The parties agree that the children are to have liberal rights of telephone contact with the non-custodial parent, no ~atter who is exercising his or her right to physical custody. J. Medical Care/Treatment - Both Husband and Wife shall be immediately informed as to the medical care and treatment of the children. K. Relocation Upon the knowledge of a pending relocation, temporary or permanent, of either parent, that parent must immediately inform the other of his or her new address and telephone number. L. Well-Beina of Children - The parties realize that the children's well being is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything that may estrange the children from the other parent, injure the opinion of the children as to the other parent, or which may hamper the free and natural development of the children's love and respect for the other parent. Moreover, the parties acknowledge herein that neither party shall become intoxicated while he or she has physical custody of one or both of the parties' children. The parties further stipulate and agree that a party's intoxication by alcohol or other drugs while having custody of one or both of the children shall be grounds for the other party to modify and/or terminate the offending party's rights to custody. 9. CHILD SUPPORT. Husband shall pay to Wife as support for their minor children the sum of $100 per week ($50.00 per child), together with the additional sum equal to one-half of the monthly childcare expenses incurred by Wife for the children. The child 11 l' , ~_oJ ,-.--'L '. support shall be paid biweekly, at a rate of $200.00 per biweekly period (which is equal to $433.33 per month), plus one-half of the childcare expense for the period of time from the last day of school each year until the first day of school in the fall, minus the sum paid each month by Husband for the life insurance policy more specifically described in Paragraph 12, below, until such time as the children reach age 18 or age 23 provided that the child is continuing his or her education. Wife shall not enforce her right to collect from Husband a sum for the school-year childcare expenses incurred while the parties' children are in the custody of Wife, in exchange for Husband assuming .all responsibility for the payment. of the premium for the life insurance policy as more specifically described in Paragraph 12, below. Husband will make the child support payments to Wife directly until such time as the parties mutually agree otherwise, or an Order of Court is entered by the Domestic Relations Section of the Court of Common Pleas of Cumberland County. Either party may, in the future, obtain an Order of Court increasing or decreasing the amounts of child support Husband is to pay, or they may modify the terms of this Agreement upon mutual consent in writing. The parties hereto acknowledge their intent to contribute to the post secondary education of their children, but further acknowledge that the provisions of this paragraph do not confer third party beneficiary rights unto their children as a result hereof. The parties agree that they shall each contribute to all expenses associated with the college or other post-high school education for the children of the parties, subject to the prov1s1ons hereinafter set forth. Such expenses shall include, without limitation, tuition, room and board, lab fees, miscellaneous student fees, books and student supplies, transportation expenses for summers and other school breaks, clothing and miscellaneous spending money. The postsecondary educational expenses of the children shall be divided between the parties in proportion to each party's respective income and each party's share of such expenses shall be paid on or before the due 12 ..~ ~ ~,' ff2' . . ..oj. <11&;,-" date for such payments or within ten (10) days of rece1v1ng the notice from the other party of the amount of such expenses. Both parents shall be involved in and have input into the choice of undergraduate and graduate academic institution selected by the children. It is also acknowledged and agreed by the parties hereto that they shall provide for the financial needs of their surviving children and surviving issue of deceased children by right of representation under the terms of a trust and/or will at his or her death in an amount equal to fifty percent (50%) of his or her estate, defined in this Agreement as his or her total taxable estate as finally determined for federal estate tax purposes less the total allowable estate tax deductions, and with Husband including in his will the specific devise of the marital residence located at .5 Timber Lane, Newville, Cumberland County, Pennsylvania, to the parties' children, with the appointment of Wife as guardian of the property of the children. Wife, as guardian of the property of the children shall have the power and authority in her discretion to transfer or convey the subject property for the benefit, support, and education of the children, and to make payments for these purposes, with no bond being required to be given or posted by Wife for the faithful performance of her duties as guardian in this or any other jurisdiction. In the event that the children or their surviving issue do not receive such amounts described above on the death of Husband or Wife, they shall have a claim against the deceased party's estate in an amount equal to the difference between the amount they were to have receive under this article and the amount, if any, that they actually received at such time. 10. MEDICAL INSURANCE. The parties agree that Husband's medical insurance shall be the primary medical insurance for the children, as has been the. custom during the marriage of the parties. The parties further agree that Wife's medical coverage for the children shall be secondary, and that both parties shall 13 " ~ " <~ '. "L',1 " maintain medical insurance for the parties' children. Any unreimbursed or uncovered medical expenses of the children not otherwise paid by medical insurance including amounts for medical care expenses and pharmaceutical expenses shall be shared equally by the parties. The obligations set forth herein shall continue until such time as each child has graduated from college or has earlier terminated his or her education. Each party agrees to reimburse the other within thirty (30) days for any unreimbursed expenses he or she incurs for the children. 11. REAL ESTATE. The parties acknowledge that they are the joint owners of the marital residence situate at 5 Timber Lane, Newville, Cumberland County, Pennsylvania as well as a parcel of land adjacent thereto consisting of approximately three (3) acres. The parties stipulate and agree that from the date of this Agreement, Husband shall have exclusive use and occupancy of the marital residence and shall assume as his sole obligation all of the expenses incident to the use and ownership of the marital home, including, without limitation, any and all mortgage payments, taxes, liability and fire insurance, utilities, sewer, water, refuse collection, assessments, proper maintenance, repairs, additions and improvements. Husband further covenants and agrees to indemnify and hold Wife harmless from any such liabilities, obligations or expenses or any claims or demands as a result thereof. Husband assumes all liability therefor, and it is the intent of the parties to remove wife from the Mortgage and Deed for the marital residence. The parties acknowledge that Husband shall have the sole right to claim any available tax deductions associated with the residence for any time subsequent to the date of execution of this Agreement. Both parties agree to make, execute, and deliver any and all such instruments as may be deemed necessary or desirable for the purpose of transferring to Husband the Deed/Title to the marital home and removing Wife from the Mortgage and such other encumbrances that may apply. 14 ~ , J "~I - ~"'-'ldlIn;5" '. The parties stipulate and agree that Husband shall pay to Wife the sum of $30,000.00 in exchange for the relinquishment of her interest in the marital residence and adjacent parcel of land. Furthermore, it is acknowledged and agreed that if necessary, the parties shall sell a portion of the parcel of land referenced above to obtain a minimum of $20 ,000.00 for payment to Wife for the relinquishment of her interest in the marital home. In that regard, said property must be listed for sale with a licensed realtor within thirty (30) days of the execution of this Agreement and proof thereof must be provided to each party upon demand. If the property is not listed with a realtor within the time period designated herein, or if Wife is not paid in full by Husband for her interest in the marital property on or before December 31, 1999, Husband snaIl be liable to Wife for additional sums for interest equal to ten percent (10%) annually of the outstanding sum due and owing to Wife by Husband. If necessary, Husband shall obtain a loan for any sums necessary to pay Wife for her interest in the marital home, including any interest accruing due to Husband's failure to pay Wife in a timely manner, or failure to list said property with a realtor in a timely manner. Under any and all circumstances, Wife must be removed from any financial obligation for the marital residence, including the present outstanding mortgage loan, or she will not relinquish her rights therein. It is further stipulated and agreed by the parties that if Husband sells or conveys the marital real property in any manner within five (5) years of the date of this Agreement, Wife shall be entitled to fifty percent (50%) of the proceeds of same that exceed Thirty Thousand Dollars ($30,000.00), taking into consideration as legitimate expenses therefor only sums borrowed by Husband to refinance the property to effectuate the terms of this Agreement and the normal costs of a sale and conveyance of the property. Any other liens, liabilities, or payments associated with said sale within five (5) years, shall not be considered expenses for the purposes of the determination of the proceeds of said sale. Also, 15 .-T ~ , ~ - ';, - . the consideration for said sale or conveyance must be, at a minimum, for a sum equal to the fair market value of the property. The parties shall agree upon a date for Husband's purchase of Wife's equity in the property, or, if necessary, the residence will be listed for sale with the equity of the home being distributed on an equal basis between the parties, with same taking place at the time of the consummation of the sale of the residence. The parties further agree that Husband will have six (6) months to purchase Wife's interest in the residence. Upon the expiration of that time period, if Husband has not refinanced and closed on the new loan, the residence shall be listed for sale and sold, with equity being split equally at that time of the real estate settlement, and the distributable equity amount being determined after the payment of all costs associated with the sale of the residence. 12. LIFE INSURANCE. Husband and Wife acknowledge that they have a joint interest in a family life insurance policy with Lutheran Brotherhood, the cost of same presently being $88.00 per month. The parties intend to retain this policy in effect and therefore stipulate and agree that Husband shall assume those payments and shall make same in a timely manner. In exchange therefor, Wife shall not enforce her right to collect from Husband a sum for the school-year child care expenses incurred while the parties' children are in the custody of Wife. The parties agree that they shall maintain the subject insurance policy in full force and effect at all times, paying all premiums thereon as due, and shall not borrow against, assign, pledge or otherwise encumber the insurance, nor surrender it to obtain its cash value. If necessary, each party shall immediately designate the other party, for the benefit of the parties' minor children, as irrevocable beneficiary of the said insurance. 13. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of this Marital Settlement 16 ~' -' ~ :r "-~""'-'~,,"-" i~r' Agreement and the divorce proceedings related thereto. 14. DIVORCE. A Complaint in Divorce has not yet been filed. Either party shall be free to proceed with the filing a divorce proceeding. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301(c) of the Divorce Code upon the request of the other party. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 15. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. 16. RECONCILIATION. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 17 ~. '0'" ." "'I:lJillil' 1 7 . INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement .shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. 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 the parties to execute the Agreement. 18. DATE OF EXECUTION. The "date of execution" or execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the Agreement. 19. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real I and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all 18 - '" h ,1 ~!-' I. sources and amounts of income received or receivable by each party. 20. ENTIRE AGREEMENT. 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. 21. BREACH. If either party breaches any prOV1S10n of this Agreement, the other party shall have the right, at his or her election, either to pursue his or her rights in having the terms of this Agreement enforced as an Order of Court or to sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 22. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of Pennsylvania. 23. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 24. ADDITIONAL INSTRUMENTS. 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, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 25. SEVERABILITY. If any term, condition, clause or prov1s10n 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 19 , ',~' "--~"-' . . Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 26. WARRANTY. Husband and Wife again acknowledge that they have each read and understand this Agreement, and each warrants and represents that it is fair and equitable to each of them. 27. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This agreement is executed in duplicate, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: ~ 1kJ/{k:::: ;t~t~ ~&:/F~~ RO E . DECHENE --- 20 '" . '> - ,-~ - ~, 1"- j' COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND On this dlo#J day of ~kP/tL , 1999, before tJ' me, the undersigned officer, personally appeared KARLA J.DECHENE, 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. ~~)(:71~ ICAlNY L IlUSSEI.I.._NIIe CIII!It.~Ia.IlIt"IIIR' Commissilln' 17.m COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND On this o?0111 day of ~ ' 1999, before me, the undersigned officer, personally appeared ROGER W. DECHENE, ss. 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. x 21 ......--~h.,"ilWu . ~ "L.. ,.",,~~""~_~ -.ru-....,.~- "-"~dilbI~iilillIIIl!l~~... - ~", -<.".,~I - ~~~. ~..' !iII~' ;..~. ,; ~ ....it ,', '~,":"'." '" (') CJ F"-. ,,_.-j r:- :'] ~, .., .. ,'J n"', , ~ ,,} :~. z [ " eft U: -.' ~ L (:S :P c= OJ u Z :;:i ':"'J " ::<! =-.u 0-' -< . '. .-." .'~ -""-<" ,,"-'---~=" ,-"-~, '"'' -" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY.PENNSYLV ANIA KARLA J. DECHENE, Plaintiff NO. 00-3352 Civil vs. CIVIL ACTION - LAW ROGER W. DECHENE Defendant IN DIVORCE PRAECIPE TO TRANSMIT TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce is irretrievable breakdown under Section 330 I (d) I of the Divorce Code. 2. Date and manner of the service of the Complaint: June 27, 2000, by Certified Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the Affidavit of Service filed on July 5, 2000. 3. Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: January 4, 2001. Plaintiff s Affidavit was served upon respondent on February 24, 2001 by Certified Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the Affidavit of Service filed March 8, 2001. Plaintiffs Mfidavit was filed of record on AprE 5 ,2001. 4. Related claims pending: None. The parties have resolved related claims by written Marital Settlement Agreement dated January 26, 1999. 5. Date and manner of the service of the Notice ofIntention to File Praecipe to Transmit Record, a copy of which is attached. Plaintiffs Notice was served upon respondent on February 24, 2001 by Certified Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the Affidavit of Service filed March 8, 200 I. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Dated: "i I J-I 0 I inda A. Clotfelter, Esquire upreme Court LD. No. 7296 3464 Trindle Road CampHill,PA 17011 (717)763-7613 '", """-~" ~~~ ~. ,- ~~~. ~, - ~y- ~ ' -'~- ~> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA KARLA J. DECHENE, Plaintiff NO. (!~-33Sd rlm~ vs. CIVIL ACTION - LAW ROGER W. DECHENE 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 action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 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 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 -,^' ~--,~ """~'r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA KARLA J. DECHENE, Plaintiff NO. vs. CIVIL ACTION - LAW ROGER W. DECHENE Defendant IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas seguientes, debe tomar accion con prontitud. se Ie avisa que si no se defiende, el caso pude proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por las Corte. una decision puede tambien ser emitida en su contra por caulquier otra queja 0 compensacion eclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consej eros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SO NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 0..... '._"-"," ,-, _~~'_' -" ,'_ ""_, '_.,' ."'_ "~;<_" ,.."c~c -" ",'_",,'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA KARLA J. DECHENE, Plaintiff NO . dt;~ 33 .:r.2. Ci..;J - J~ va. CIVIL ACTION - LAW ROGER W. DECHENE Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301{C} OR 3301CD} OF THE DOMESTIC RELATIONS CODE And now comes Plaintiff, KARLA J. DECHENE, by and through her attorneys, Law Offices of Craig A. Diehl, and files this Complaint in Divorce, respectfully stating in support thereof the following: 1. Plaintiff is KARLA J. DECHENE, an adult individual who currently resides at 50 West Main Street, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is ROGER W. DECHENE, an adult individual who currently resides at 5 Timber Lane, Newville, Cumberland County, Pennsylvania 17241. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Divorce Complaint 4. plaintiff and Defendant were married on September 5, 1987, in Newville, Cumberland County, Pennsylvania. 5. The parties have been separate and apart within the meaning of the Pennsylvania Domestic Relations Code since January 8, 1998. '~~f_M ,.~ ' , ".._~" - 6. There have been no prior actions of divorce or for annulment between the parties. 7. Defendant is not a member of the armed forces of the United States or any of its allies. 8. Plaintiff avers that the marriage is irretrievably broken. 9. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Plaintiff does not desire counseling. WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Divorce. LAW OFFICES OF CRAIG A. DIEHL Dated: ''If.J-'&ftt'1 nda A. Clotfelter, E torney ID No. 72963 3 64 Trindle Road C mp Hill, PA 17011 (717) 763-7613 Attorney for Plaintiff ,--- .,'.' , " -.'" - ,';;.....',' 'o. ,'- , -",;..;~, "~,",,,;,.''- '--';' , _,_,"",._;'~c""",,_',~. ",-i " _._. -'-::':i . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA KARLA J. DECHENE, . . Plaintiff . NO. . . . . . VB. . CIVIL ACTION - LAW . . . . . ROGER W. DECHENE . IN DIVORCE . Defendant . . VERIFICATION I, KARLA J. DECHENE, verify that the statements in the foregoing DIVORCE COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: C\- --a<6 -~~ JAN. 4.2001 . 3:40PM CRAIG A DIEHL ESQ ," " ,", ,-",,-', ,,' ~' . ' P.2/2 . 'NO.302 IN THE COURT OF COMMON PLEAS OF CVMBERLANDCOUNTY,PENNSYLV ANIA I~A J. DECHENE, Plaintiff NO. 0D-33S2 eml VS. CML ACTION - LAW ROGER W. DECHENE Defendant IN DIVORCE NOTICE If you wish to deny any of the statemen~ set forth in this affidavit, you must file a counter- affiClavit within twenty (20) days after this affidavit has been served on you or the statements wiIl be admitted. AFFIDAVIT UNDER SECTION 3301!d) OF THE DIVORCE CODE 1. The parties to this action separated on Jantwy 8, 1998, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property , lawyer's fee.s 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.C.S. Section 4904 relating to unsworn falsification to authorities. Date: \-L\-O~ ,. ..,<., , _,,_,_"_ ","- -, i-,~_ 'j'_ ,_~"',,~. "'__~~-"y..,~ - - ,,"~-"~".'''.,,' ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA . :. I, Linda A. Clotfelter, Esquire, counsel for Plaintiff, KARLA J. DECHENE, do hereby affirm that the original return receipt of the Complaint in Divorce sent by Certified Mail, Restricted Delivery, Return Receipt Requested, which return receipt appears to contain the signature of ROGER W. DECHENE, is set forth below. The undersig,l}e.1Y,ll,9-efstands that the statements herein .are made subject to' the penalt,;les, o. of 18 P. S. 1!i 4904 relat1ng to unsworn falsificat'l:on to authorities. " - '. - ,.' ,,-- - '" --, --,,~-~----- KARLA J. DECHENE, Plaintiff NO. 00-3352 Civil VB. CIVIL ACTION - LAW ROGER W. DECHENE Defendant IN DIVORCE AFFIDAVIT OF SERVICE ~. ,.@ 'ijj 1 ~ .. S c o " .. 1;; a. E o " Ul Ul W 0: Q Q 00: Z ~ 0- W 0: '-)I:; '0 >- ,iil ,;_.~ i l'SIs$."!I!!!1 ~,~""ltt. lQllpw- ingseroi_(/l!,....~}: [J Complete items 1 and/or 2 for additIonal services. C.omplete items 3, 4a, and 4b. CI Print your name and address on the reverse of this form so that we can retum this card-to you. [] Attach this form to the front of the mailplece, or on the back if space does not permit. 'Cl Write "Return R9CElipt Requested" on the maill3iece below the article number, [J The Return Receipt will show to whom the article was delivered and the date delivered. 3, Article A~dressed to: 1.0 Adtlressee'sAddr;,ss 2,";R~D~rr...ry 4a. Article Number Z. 3SZ q S ~1D7 4b, Service Type o F1egistered o Express Mail WReturn Receipt for Merchandise D COD. . Roger'De.chV'le.. 5 '"F " mk7e.r UUr1 e.. Nt.vuvi!l-e... PA 112..+1 .tv..addressee only .Certified o Insured 7. Date of Delivery t-2?~ 8. Addressee's Address (Only I"requested and lee Is paid) 1 02595-99-8-0223 LAWHOP-FICESUOF' CRAm A. DIEHL Dated: d3bJDD I , Clotfelter, ttorney ID No. 729 464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 t II I! ul ... 0: c' !; ~, 1;; 0: '" c '0; " ~ J2 " o >- .... c' .. ,~ 0- , " ,- "q-- ".- --,'-'~-~ " "". j- .,----.;,,"' -,,,,-;.-~--,' -h'~< ,,-.:, -="\.f~"~'':''-__'" ,,,'- ," '_",.t.'_-'~~' ",. _'.< "j";-,,,; ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA KARLA J. DECHENE, Plaintiff NO. 00-3352 Civil vs. CIVIL ACTION - LAW ROGER W. DECHENE Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, on this day, the undersigned hereby certifies that a true and correct copy of the foregoing AFFIDAVIT OF SERVICE was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: ROGER W. DECHENE 5 Timber Lane Newville, Pennsylvania 17241 LAW OFFICES OF CRAIG A. DIEHL Date: to/,30/ (J7) f I ~~l:~-L 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 " ~- L~ OCt", " < . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA KARLA J. DECHENE, Plaintiff NO. 00-3352 Civil vs. CIVIL ACTION - LAW ROGER W. DECHENE Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, LindaA. Clotfelter, Esquire, counsel for Plaintiff, KARLAJ. DECHENE, do hereby affirm that the original return receipt of the Notice ofIntention to Request Entry of a 3301(d) Divorce Decree, a Counter-Affidavit Under Section 3301(d) of the Divorce Code, and Notice of Plaintiffs Affidavit Under Section 3301(d) of the Divorce Code sent by Certified Mail, Restricted Delivery, Return Receipt Requested, which return receipt appears to contain the signature of ROGER W. DECHENE, is set forth below. The undersigned understands that the statements herein are m~de subject, to the p~nalties 0!_1~1'.~.j:4:?04 relating to uns~<:>.~!alsification tO~lltlloritiflS_' " " -, .. ,''' - . CompleteJtems '1, 2, and 3. Also complete ~ item 4 if Restricted Delivery is desired. . Print your name and addrE!ss on the reverse " ..50 that we can return the card to you. II Attach this card to the back of the mail piece. 1 or on the front if space permits. 1. Article Addressed to: D. Is deliv address different from item 1? ~" If YES, enter delivery address below: 1<o.su De.eJ..e.;rae 5' TiMb~ (...~ )je..tUJd\~ pfJ, O;;lf/ tJelVi'to addressee 0RtI .'i(t Service Type ~" Did Certified Mail 0 Express Mail o Registered tIl Return Receipt for Merchandise o Insured Mail 0 G.O.D. 4. Restricted Delivery? (Extra Fee) 1il Yes "'2. Article Number (Copy from service label) jOt:t"l .32.:l-CJ 001CJ 088'1 "1708 , .PS Form 38-1 '1', jtil:y 1999 Domestic Return Receipt ,'" 102595.00-M-095~" LAW OFFICES OF CRAIG A. DIEHL Dated: O~ J Jj f1 / D I ( ( ~ ~ - , ,- ~,- ,- -liiiiIliJklM.~, . .. ~ ... ,,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY.PENNSYLV ANIA KARLA J. DECHENE, Plaintiff NO. 00-3352 Civil vs. CIVIL ACTION - LAW ROGER W. DECHENE Defendant IN DIVORCE CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this date, a true and correct copy of the foregoing document was served upon the opposing parties by way of United States First Class Mail, postage prepaid, addressed as follows: Roger W. Dechene 5 Timber Lane Newville, PA 17241 LAW OFFICES OF CRAIG A. DIEHL Date: -3/ 'ilIO { i By: Steph e A. ore, Legal Secretary 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613