Loading...
HomeMy WebLinkAbout97-00011 -l '" ~ '1 :t <d ~ +- '"1S ~ '" 4.. } C) .'::l ... ~ ,/ t-- ~ :~~~~.~.~.,~.~..~.*..~..~..~..~.*..~.-~..~.,~..~:-.~.,~,~.~.~.~'~..~.~.~ :~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~. STATE OF ~~~ PENNA. \. ".f~~r:-( ~ ~' s ~ ~i '.'i :0:1 "'1 :0:1 .. :0:1 :0:1 .. ~. DALE ALLEN DUPPSTADT, Plaintiff ;\11, 97-011 C.IV~L. \'1'1':'11" ~ KAREN ELAINE DUPPSTADT, ~ Defendant ~ ~ ~ DECREE IN ~ D I V 0 R C W -0. ~ f ~ !: AND NOW. . ... ........ ...l~., 1998..., it is ordered and I!: decreed that. .DALE. .ALLIl~ DU .PST~D.T........................ plaintiff. I~ ~ and. K;AREN. .ELAIN.E .DU.PPSTAI~T..... ........... ........,., defendant, ':' ~ ~ ~ :0:1 .. ~ .. ~ ~ ~ ~ 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 belen entered; None ~ ~ '.' ~ T.IIE. flARIT!\.~ .SET.~LE!'lE.tiT. !\~R~t:"F;tff. Pl\'\'ED .QC'I'P.IHlR. 6, .199.7. . IS. , . . . , HEREBY. .INC()RPORATED INTO THIS. DEeR.EE. I~ .DIYPR~~. . . . . . . . . . . .. . . , . ~ ~ ProtllOl1otary ~ ?- ~ f. J. ~ ~ .~ ~ ~ ~.*.~**.~*.*.~,.~..~..~.*.~.,~.~..*..~:'.~,.~'~. ~ ~ ~ ~'---_.... ';-*;. ,~:. ,~.:. ':+:. .:;. . , ~ , ~ ~ ~ ~ ~ ~ ',' ~ ." * ~ ;:'. ~ ~ ;:'. * * * I.. ,* ~ ~ * ~ I. '~ '~ ( I" /',' ':~ .~ ~ ~ privileges, duties and obligations relative to his property rights and interests arising from their marital relationship; and WHEREAS, each party is fully familiar with the marital property and with their respective rights and obligations under the Divorce Code and in regard to child support and child custody, and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code, including all claims regarding divorce, equitable distribution of marital property, alimony, spousal support, child support, child custody and related economic claims, NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, do agree as follows: 1, Both parties agree to sign and deliver to the Husband's attorney during December, 1997 the required Consents and any other documents necessary to enable a Divorce Decree pursuant to ~3301(c) of the Divorce Code to be entered in January, 199B, The Wife shall be provided a certified copy of the Decree, Neither party shall do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Decree in breach of this Agreement, or the other party may, at his or her option, declare this Agreement null and void, 2, Pending the entry of a Divorce Decree, the parties shall live separate and apart from each other at such places as he and she may chose. Each party shall respect and act consistent with -2- o~p ~~ ~ f the other party's right to maintain a separate existence as though he and she were unmarried, 3. This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. Except in regard to child support and child custody no Court may change the terms of this Agreement, and it shall be binding and conclusive upon the parties, In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written Agreement signed by the parties expressly stating that this Agreement has been revoked or modified. 4, The parties hereto have divided between them, to their satisfaction, all items of tangible marital personal property, including household furnishings and other similar property, Neither party shall make any claim to any such items of marital property, or of the separate or personal property of the other party, Husband shall promptly transfer title to the Aerostar van to the Wife, Should it become necessary, the parties each agree to sign, upon request, any further titles or documents necessary to give effect to this paragraph, 5, Except as herein otherwise provided, the parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, -3- O~P ~ . ~ f securities, insurance policies, pension and retirement rights, , whether vested or contingent, and all other such types of property. The parties hereby agree that all such intangible property presently in the possession of or titled in the name of the Husband and shall be his sole and separate property and that in the possession of or titled in the name of the Wife shall be her sole and separate property, Each party hereby expresely waives any right to claim ownership of or any beneficial interest in any such accounts or life insurance policies of the other, vested or contingent, each party to retain full ownership of such rights as his and her sole and separate property, 6. Except as herein otherwise provided, each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable, Each party agrees to indemnify and save and hold harmless the other from and against all such debt, liabilities or obligations of every kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement. 7, Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep the other indemnified against all debts, charges, liabilities incurred by the other after the execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall hereafter incur any liability -4- odP f~ ~ i whatsoever for which the Estate of the other may be liable. Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur ~pon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney fees actually incurred, 8, Husband warrants and represents that the balances owed on all jointly held credit cards of the parties as of the time of separation have been paid in full, and that he has added no further charges to such accounts and that such accounts have been closed. Wife warrants and represents that she has added no additional charges to any joint credit card accounts of the parties existing at the time of separation and has notified all such companies in writing to close such accounts as to any further liability on her part, Further, Husband shall pay the remaining balance due and owing on the parties' automobile insurance policy prior to its due date of October 15, 1997, Wife warrants and represents that she has paid a portion of the premium attributable to the Aerostar as stated on the policy cover sheet, In December, 1997, each party shall advise their auto insurance company that a divorce will be completed in early January and shall make arrangements to create two separate automobile insurance policies, Each party shall be entitled to a refund or credit toward her and his new policy based upon the -5- p#p ~ , 1 i amount of premium each paid for the current coverage for each respective vehicle, 9. The net proceeds from the sale of the parties' marital home at 1272 Alma Lane, Mechanicsburg, Pennsylvania in the total amount of $38,427.11 have been delivered into escrow to Husband's attorney, Promptly after execution of this Agreement, Husband's attorney shall distribute the sum of $15,000 to the Husband and the sum of $23,427,11 unto the Wife, The sums shall be the sole and separate property of each party free from any claim by the other party. Provided, further that should any additional funds be remitted to the parties in the way of refunds on the mortgage payments made, refunds of escrow balances owed, or refunds for homeowner's insurance, the funds received shall be divided 60% to the Wife and 40% to the Husband, 10, The parties have heretofore filed joint federal, state and local income tax returns. In the event that any deficiency is claimed due by any taxing authority, or any additional assessment is imposed upon either party for matters relating to his or her sole income or deductions, the party upon whose income or deductions the deficiency or assessment is made shall be solely responsible for payment in full of all taxes, penalty and interest as finally determined attributable to such party, The party so obligated shall indemnify and save and hold harmless the other from any and all liability thereon in accordance with the provisions of Paragraph 7 hereof, In the event any such -6- p#p I~ ~ ~ r medical insurance coverage through his employer, Woolworth Corporation, through December, 1997. Effective January 1, 1998, Wife shall be responsible to obtain her own medical insurance, Promptly following the execution of this Agreement, Wife shall discontinue the spousal support action she instituted in the Cumberland County Domestic Relations Office, 14, Commencing in January, 1998, Husband shall pay alimony to the Wife in the amount of One Hundred Fifty ($150,00) Dollars per month, due and payable on or before the first day of each month, commencing January 1, 1998 and continuing for a period of three and one-half (3 1/2) years/ the final payment to be due and owing for the month of June, 2001, Provided further that should the Husband fail to make payment of the alimony due in any month, the Wife shall have the right to have this alimony order collected through the Cumberland County Domestic Relations to be attached from his wages. Husband agrees to execute any documents which may be necessary to enable alimony to be collection in this manner and shall be responsible for any fees due and owing to the Domestic Relations Office, This alimony agreement shall not, however, be enforced through the Cumberland County Domestic Relations Office unless the Husband shall fail to make timely payment of any installment, The amount of alimony payable to the Wife shall not be modifiable. Further, the obligation of the Husband to pay alimony shall terminate only upon the death of the Husband or the death of the Wife, The Wife's remarriage or -9- p~ ~~ coh;lDitaLlon w1ttr-a--person-or-theoppos1te -Bex-who-is-not- a member ot--t.hefamily and within the degreetr~c:on3anquity ah~ll no~~~-HuBband!B-obligation to pay al1monyto the Wire, The payments made hereunder are intended by the parties to constitute alimony under IRC 71, and as such to be included in the income of the Wife and deductible by the Husband, If application hereof results in Husband having made "excess alimony payments" as defined by IRC 71 (f), the Wife shall pay to the Husband an amount equal to the tax savings actually realized by her as a result of any deduction allowed her by the Internal Revenue Service under IRC 71(f) (1) (B), payable when realized, For purposes of the foregoing, the tax savings shall be calculated using the Wife's tax bracket for the year in which the deduction is taken, If the Wife is entitled to such a deduction, she hereby agrees to claim the same as promptly as permitted and to remit the resulting savings to the Husband without delay upon receipt. 15, Wife shall have primary physical custody of the parties' minor children. Both parties shall have shared legal custody of their minor children, The Husband shall have frequent and extensive partial custody the minor children as agreed by the parties, Both parties agree and understand that child custody is based upon the needs and interests of the minor children and is subject to change based upon a change of circumstances, If at anytime in the future the parties are unable to agree upon what -10- oAP '((9 custody arrangement then suits the best interests of their children, either party may, according to law, institute a child custody proceeding and have the arrangements established through Order of Court, 16, Husband shall pay the Wife child support for the three (3) minor children the sum of Seven Hundred Fifty ($750,00) Dollars per month payable on or before the first day of each month, The parties agree that the first payment shall become due and owing on or before November 1, 1997. The parties agree that the sum of Seven Hundred Fifty ($750,00) Dollars per month is fair and reasonable under the laws of the Commonwealth of Pennsylvania based upon th~ earnings and earning capacities of the parties, expenses of the parties, and needs of the children at the present time, The amount of the Father's obligation to the Mother shall be subject to increase or decrease in the future, as hereinafter set forth, During the month of October of each future year, commencing October, 199B, each party shall provide to the other party paystubs, current income and expense statements in the form required for proceedings before the Cumberland County Domestic Relations Office, At that time if the guideline analysis then in effect in the Commonwealth of Pennsylvania for determining child support would indicate an increase or decrease in the amount of child support due, the amount of the payment shall be changed based upon such guideline analysis, After review of such information, or at anytime in the -11- ~p ~ future when a change of circumstances may occur, the parties shall endeavor to reach an agreement as to a fair increase or decrease, if any, in the amount of child support, If the parties are unable to agree, whether the Husband is seeking a decrease, or whether the Wife is seeking an increase, the Wife shall promptly reinstitue child support proceedings in the Cumberland County Domestic Relations Office and the amount of child support to be payable shall be determined in such proceedings, If the Husband is requesting a decease in the amount of child support, and the parties are unable to agree on the thirty-first day following the date Upon which the Husband delivers financial information to the Wife confirming his then current earnings and expenses, he shall be entitled to reduce his payment under this Agreement and shall not be obligated, under this Agreement, to pay additional sums to the Wife, Provided, however, that the Husband's obligation to pay child support as determined in proceedings in the Currberland County Domestic Relations Office shall be retroactive to the date of filing such proceedings by the Wife in the Domestic Relations Office, Upon the issuance of a Support Order the Husband's obligation to make direct payment to the Wife shall terminate and future payments shall be made through the Cumberland County Domestic Relations Office, Husband shall be entitled to a credit for sUpport payments made to Wife during the period following the filing of the support complaint and the issuance of the Support Order, -12- PdP ~ 17, Husband is currently employed by Woolworth Corporation and able to obtain medical insurance for the children through such employment, Husband shall continue to provide medical insurance coverage for the children so long as it is available at a reasonable cost through an employer or COBRA or unless or until at some future time the Wife would be able to obtain such coverage free of charge or at a lesser cost than the Husband, If in the future the Wife is able to obtain medical insurance for the children at no cost to herself, she shall obtain such coverage and the Husband's obligation to provide separate coverage for the children at cost to him shall terminate, In the future if the Wife is able to obtain adequate insurance coverage for the children at a lesser cost than the Husband, she shall so advise the Husband. If the Husband so elects, he may remit directly to the Wife the amount coverage for the children costs her, in which event the Wife shall maintain such insurance, at cost to the Husband, and the Husband's obligation to maintain the children on his medical insurance coverage shall terminate, If such coverage is not available through Husband's employer, but is available through Wife's employer, Wife shall obtain such coverage, In all other regards the obligation of each party to pay incidental expenses regarding the children, including but not limited to uncovered medical expenses shall be determined in accordance with the guidelines for child support in the Pennsylvania Rules of Civil Procedure, then in effect, To the -13- O#V ~~ extent such guideline determinations result in additional obligations of child support owed by the Husband to the Wife, he shall promptly remit such payments, 18. Upon the execution of this Agreement, the Wife shall terminate child support proceedings currently instituted in the Cumberland County Domestic Relations Office to No, 912 Support 1997, PACSEC Case No, 07110003, DR No, 26,959, If on any occasion Husband shall fail to deliver the agreed upon child support of to the Wife not later than the first day of each month, the Wife shall have the right to reinstitute immediately child support proceedings in the Cumberland County Domestic Relations Office, in which event Husband's obligations under this Agreement shall terminate upon such refiling and Husband's obligations to pay child support shall be determined through such proceedings, retroactive to the date of refiling by the Wife, 19, During their marriage the parties maintained life insurance on the lives of each of their three children, the Husband currently being the owner of such policies, Promptly after the execution of this Agreement the Husband shall transfer ownership of the policies on the lives of the parties' children to the Wife as her sole and separate property. Wife agrees to maintain these policies in full force and effect on the lives of the children until each shall attain the age of twenty-one (21) years at which time she shall transfer ownership of the policies to such child, Wife shall be solely responsible to pay and -14- o@ ?~ agrees to pay all premiums which shall become due and owing on such policies until each child shall attain age twenty-one (21), 20, Husband shall maintain all existing life insurance coverages on his life and shall be obligated to designate the parties three children, or a Trustee for their benefit, as the sole beneficiaries of such life insurance, Husband's obligation to maintain insurance and to designate the parties' children as sole neneficiaries thereof shall continue as to private insurance policies until the parties' youngest child shall reach the age of twenty-one (21) years, The obligation shall continue as to life insurance through Woolworth Corporation so long as such insurance is available to the Husband or until the parties youngest child shall attain the age of twenty-one (21) years. Should the Husband change employment prior to the parties' youngest child attaining the age of twenty-one (21) years and should such new employer offer the opportunity to obtain equivalent coverage at an equivalent cost to the Husband, the Husband shall be obligated to obtain such insurance and to maintain the children, or a Trustee for their benefit, as sole beneficiary of such replacement policies, 21, Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership -15- opp ~ of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as may otherwise be provided pursuant to the provisions of this Agreement. 22, Husband does hereby release, remise, quitclaim and forever discharge the wife and the estate of the wife from any and all claims he now has, ever may have or can at anytime have against the wife or her estate of any part thereof, whether arising out of formal contracts, engagements or liabilities of the wife, arising by way of widower's right or under the Intestate Law, arising by any right to take against the wife's Will, arising under the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising by any nature whatsoever, excepting only those rights accorded to the husband under this Agreement, 23. Wife does hereby release, remise, quitclaim and forever discharge the husband and the estate of the husband from any and all claims she now has, ever may have or can at anytime have against the husband or his estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the husband, arising by way of the widow's right or under the Intestate Law, arising by any right to take against the Husband's Will, arising under the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees -16- MP ~ , ; , r 26, This Agreement constitutes the entire understanding of the parties, There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 27. This Agreement is subject to modification only by a subsequent legal writing signed by both parties, It shall be construed according to the laws of the Commonwealth of Pennsylvania, 28, The Husband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. 29, This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns, IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, Witness: k~fu~r\+ [SEAL] Karen E, Dupps dt ~fll- ~SEAL] a e A, Duppstad -rhc'MtVl \). ~U) -18- {)IP ILL\l , ~ i - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the S!!.l day of ((<~~t,.v , 1997, before me, the undersigned officer, personally appeared Karen E, Duppstadt, known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and official seal. NOTM\I~t. ~F...f~L f;:J~"'E I.. :;'1"\ ;.. '4:.'1~/,:(Y ~r:L1C .. I I}QkO r.l~ 'M 11.)i1 Y '~~H::1:~~. ~~I"i~~r.,J.~ill ,.(' . ~"Y ")""I~"'''''' ':\""-j"; f,"r',j "" f' '9'A , m ...' I., . ..'".'~' "" .,. , I ____.. ..--._. _r:._~,..,..".._-.......,~. , '(" ~ . : r/-IL I' <--L,/f <() , [SEAL] COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND \:D /1, ~ L On this, the, day of 06C , 1997 before me, the undersigned officer, personally appeared Dale A, Duppstadt, known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained, IN WITNESS WHEREOF, I have set my hand and official seal. r........-...-'---...-...-. " , ... l~u~.':~,I~~ ~~"l --. r. -,/,1. I ", fI - .~"... . I "J' 'OJ r, I _ '.. r , .' I "~,, ," J ... I' . , ,,,I '\ ) : 'f "r f. '.~' .. _ -.. l" ~ I ",', I ',,,, -'"... ' , ... \ ,11..r~r:. tl'n t~; ~~. .... :..:: ~,~:.::. .~:f ,'.~:'~ '.: ~'.~ r :~:'; .1:~ ~~. .~'.,; ,,-1e'~"_"L X ~.k- 'SEAL] -19- v~f) (C.P >- "" - - 0: .... , j'. r~ I.J J ~ ': ( I,. '. f: ' ~)( tn " l!'- I . " ; a:: ~. r. , ~1 lJ. m () 0' U . , , , , DALE ALLEN DUPPSTADT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA v. NO. 97 - 011 CIVIL TERM KAREN ELAINE DUPPSTADT. DEFENDANT IN DIVORCE PHAECIPE 1'0 THANSMIT HECOHD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1, Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code, 2, Date and manner of service of the complaint: January 4, 1997, by U,S. Mail, Hestricted Delivery, 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: By Plaintif f. January 2, 1998; By Defendant, December 29, 1997, 4 , Related claims pending: None 5, Date Plaintiff's Waiver of Notice in ~ 3301(c) divorce was filed with the Prothonotary on January 5. 1998, Date Defendant's Waiver of Notice in ~ 3301(c) divorce was filed with the Prothonotary on January 5, 1998, 17i--l:l, ~_/L Thomas D, Gould Attorney for Plaintiff ~ en I~ C-;. f~:: t!~ . ~, W(l (..:. '. ff;:, - - I.. -- ,. ~:: '" ")":j ~ " l/) 'rf) I" . }.". , Ei: ~,~. :r: :':.}~2 '<:,. re: -; ". co .':5 u en u J 5\# f\ L., .i 1 i' v.;; 0.. \;r- t~ 1 . '-4) . ... "!. ;;;.. "", r " 1;...; -:A u' '- ~ ...... , '- ~ .- #,;. J ~ ~ .- ,.-!q' "t~ .;,;; \.l ."... tJ<,:,iJ ~ ~ ....-... \..-..--~ f:... :::_~ [1;.1 ~ :C:'{{J ~ 0 e. ,J<F;< t.r) .... Q lad . ",HE Q. t() . ~ q ".'i; >oX) ~ ~ -... U \tr " . , 9/wnuw 9lJ. CfiouU -, H _ ~ ATTORNE:Y AT LAW 7. E. MAIN STREET SHIR[MANSTOWN, PA 17011 717-731-1461 ~ .. ool ] Gi . 6 " It .. -. :s .., ~i\ ..II!! .. "" ~ mo. I i ?;;; ~ C).,~ 15 !:: 'x" S~ls! i v. IN THB COURT or COMMON PLBAS CUMBERLAHDCOUNTY, PEHHSYLVAHIA NO, 97 - (.} II CIVIL TERM ~ I DALE ALLEN DUPPSTADT, PLAINTIFF KAREN ELAINE DUPPSTADT, DBrBNDART IN DIVORCE COMPLAINT UNDER SECTION 3301(0) OR 3301(d) or THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Dale Allen Duppstadt who resides at 531 Bedford Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Karen Elaine Duppstadt who resides at 1:172 Alma Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 20, 1979 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. -- ...., ~- Ii; c'"' 1-- i=-' " ~ , .' lJ.J~? .~.J. '0. U... -- - Ef'- c::: ., '1' ) :-~~ g- c lI') '{., ,,' lUL. I -:-'~ d'l' :>: I.~ i!]j ..... .-.: I;Ju... f' -, , L~ G:l 3 en U >- UJ l~: a; (") ~~ N ~'? .-! ~~} .~.~ -". ( -.. :c J .;( fl..~; t .' '-'- ': J 9' e- 'f") ac, t - I U.J'-. , .' -." ~I' ..- ; ;~'J fl:..;;. "" ",:}I..l. j:.: -., ., co ::, 0 '" u j f ~ J DALE ALLEN DUPPSTADT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-011 CIVIL TERM vs, KAREN ELAINE DUPPSTADT, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) 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 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: '{X1c..fVY\b~r<.. 211/171 ~ f~::th +o~t Karen Elaine Duppstad~ 1 f ( " >- U) f:: cr: M is .' .., N :-:\ . ulfJ u.;; 0.... - - 'l r:l~ 0... ' .. , ,C "--1 (?, l.; In oi. " U)" ~.~-,. .. " I ''''--.'' C:~l ~ .'. .'iu .:: .'" ~: 1~.L. -, .... 13 II: ::..> 0' u KAREN ELAINE DUPPSTADT, DEFENDANT IN DIVORCE DALE ALLEN DUPPSTADT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97 - 011 CIVIL TERM CERTIFICATE OF SERVICE I, Thomas D, Gould, attorney for Plaintiff. in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by Certified Mail No, P 430 556 820, restricted delivery, return receipt requested, by depositing the same in the United States mail on January 2, 1997, pursuant to Rule 1920,4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code, As indicated by the green return receipt card attached hereto, the Complaint was received by the Defendant on January 4, 1997, Ilu-- Q, ~ Thomas D, Gould 10 Ii 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 :-. I..:> '- '-"; r<; r~_ r.. -. 0 "1.. . 1.J.If.:1 <...>..-. " . (J'e.. or' -- . y;: ~J.. 6i~'" lr.> .';'-: , "/) V.JI...;... , 1.-: -',. =:-- (r~2 G': " .~ "u f:,: -, ~~)u. u. ,,~ .__-s 0 0, 0 i f ,"" il :1 ,t 'S 'f .ComoloI.~ I _.. 2 for ___.. .9omPI.'1IfrfnI3, 41, and <lb, .Pttnr YOW r\IInI WId add,... on Iht,...... 0' tNt 101m 10 IhII WI can '''l.WrIlhl, _10"",, 'AttKh IhIt Ionn 10 IhllrDnl of thl mall~. or on the ~ H IpICI don not -.. IWtll'"RMim R<<*pi RfJq,*tNo 0I11h1 malI~ below the It1Jdt nt.mbet. 'The Allum Receipt "".Ihow 10 M10m the artk:f, WI. deltv..-Id and the dal. _0<1. 3. Articl. Addre.sed 10: Katen ~. 1I.tp(J5"Ti+b r I~ '72. I..JL/I1r4 LMJE. (})Echa/l"Cf-bUA!3 ,fA- 17()5~ I a110 Wish to 'ecelve Ihe follOWIng 18rvfc.. (lor an .xtra I..): 1. CJ Addre....'. Addre.. 2. ~R..lrlcted O'"v,ry Calaull pottma.'er 101 f... 4"tlArtJcI' Number r '130 5~G 4b. S'f\lfc. Type o R.gl.lered o Exp,... Mall R.lumRllC8Jpf/ot 7. 0". 01 O.,lv.ry 1 I J'4 t I ned r ~ ! r l : Jl 5, Rec.lved By: (Pit", Name) --- ~,- ... , UNITED STATES POSTAl. SERVICE I . . ( ..~ \ \ II 1\ I ~ f'tr1l.C1ua Mall _0' & F... Paid UBi'll PellnIt No, G.1D . Print your nam!l~.~~drass, and ZIP Code In this box · -r/JO/YIt. I (). @O (..L\ d, Gsr, ~ 6:ur (f)a;" mfe;r Shlft'trI4f/ J ro'-Vil, fA /7011 1",111",111"""11,;,11,11",;11,11,,,1,1,,11,,",1,111,"1 ~, Ul ':..." t}{ r ~~; -- _. - .. v;,;., f-'-: "j ~t~ .(1') , I , - ~-lO.' I- ffl':'-,] - f~- V I:;Q.. W ; J l!5 1"'- ~,~) Ul () . ',' ---.'~ " ~.. f'- ,'.." " .; LAW OfFICE OF' THOMAS D, GOULD ATTORN(YS AT LAW Z EAST MAIN STREET. SHIRCMANSTOWN, PA 17011 717-7;31-1401 - o ..J :J is O;J: ~!:: ~(!):S~~(l w l(!ii.. ~ ci~ ~ r ~(f)"'IiiZ :s <(~ bJ ~ ;L .. <II W , II o i: :x: Ul I- " " ;.. " ~.l ~1:'.. OC1 03 1997tr DALE ALLEN DUPPSTADT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 011 CIVIL TERM v. KAREN ELAINE DUPPSTADT, DEFENDANT IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW comes the petitione=, Dale Allen Duppstadt, by and through his attorney, Thomas D. Gould, and files this Petition for special Relief pursuant to Pa. R.C.P. Section 1920.43 to distribute a portion of the marital assets so as to allow Petition to purchase a home and move on with his life. 1. The Petitioner is Dale Allen Duppstadt, who is temporarily residing at 531 Bedford Court, Mechanicsburg, Cumberland County, Pennsylvania L70~5. 2. The Respondent is Karen Elaine Duppstadt, who until September 29, 1997 resided in th~ marital home at 1272 Alma Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The petitioner and Respondent were married on October 20, 1979. 4. The parties separated in December 1996 and Petitioner filed a complaint in divorce under section 3301(c) or (d) on January 2, 1997. 5. The parties agree that the marriage is irretrievably broken. 6. The marital home was sold for $136,145.50. l f 7. On September 29, 1997 the parties received $38,127.11 as the net proceeds from the sale of the marital home. Copy of settlement sheet is attached as exhibit A. 8. The parties could not agree on a distribution of the proceeds and the parties have agreed to place the proceeds into an escrow account. 9. Petitioner requests that he be permitted to withdraw $14,000.00 from the escrow account to provide a down payment on a home. 10. On July 30, 1997 Petiti,)ner entered into an Agreement For Sale and Purchase of Real Estato for a property located at 4911 Shasta Way, Mechanicsburg, Pennsylvania. 11. The purchase price was $123,500.00. 12. The purchase was conditioned upon petitioner obtaining a loan in the amount of $111,150.00. 13. Petitioner has qualified for the loan, provided he has the remaining funds to cover the purchase price and closing costs of approximately $14,000.00. 14. At the time the parties separated and placed the marital home for sale it was verbally agreed that the parties would equally split the net proceeds of the sale. 15. In reliance on the agreement to equally split the proceeds from the sale of the marital home, Petitioner entered into the Agreement For Sale. 16. In late July, after Petitioner and Respondent had discussed the property issues, Petitioner's attorney forwarded a draft Marital Settlement Agreement (MSA) to Respondent's attorney. 17. The draft MSA proposed a equal split of the proceeds of the sale of the marital home. 18. In a letter dated August 26, 1997, Respondent's attorney indicated for the first time that an equal split was not acceptable. Copy of letter atta.:hed as exhibit B. 19. Respondent's attorney suggested that a 60/40 split may be more appropriate. 20. Respondent requested more information on the marital assets and stated, "in the near future I will provide you with a more comprehensive statement of marital assets and liabilities..". 21. Respondent's attorney also stated, "It may be appropriate for each party to receive a small partial distribution from the proceeds...". 22. As of the day of settlement on the marital home Respondent had not provided petitioner with any asset information or counter-proposal other than the suggested 60/40 split of 8/26. 23. In a telephone conversation on September 29, 1997 Respondent's counsel suggested that each party could receive $5,000.00 from the proceeds, but ':hat Respondent would not agree to Petitioner's request for around :H5, 000.00. 24. In a letter dated October 1, 1997, Respondent's attorney advised Petitioner's attorney that his assistant had talked to Respondent and that she had agreed to distribute $2,500.00 to each party. 25. Respondent would not be prejudiced by allowing petitioner to withdraw 40% of the proceeds from the sale of the marital home. 26. Respondent is the party who suggested the 60/40 split. 27. The parties have the f(Jllowing marital assets: a. Proceeds from sale of marital residence $38,127.11 b. Petitioner's 401(K) plan 4,384.67 c. Respondent's IRA 5,500.00 d. 1993 Ford Aerostar -no lien- Respondent's 9,500.00 e. 1986 Reliant - Petitioner's 500.00 f. Mutual Fund - already distributed 6,200.00 g. Joint savings aCCIJUnt - evenly split 1,000.00 h. Christmas Club 300.00 i. Personal property in H's possession 1,400.00 j. Personal property in W's possession 2,950.00 Total 69,861.78 28. petitioner has control of items b, e, part of f, 1/2 of 9 and i which total $10,534.67, or 15\ of the total assets. 29. Respondent has control of items c, d, part of f, 1/2 of g, hand j which total $20,750.00, or 30\ of the total assets. 30. The marital home proceeds in escrow total $38,127.11, or 55\ of the total marital assets. 31. If each party receives $14,000.00 from the proceeds of the sale of the marital home, Petitioner would have marital assets worth $24,534.67, or 35\ of the total marital assets, Respondent would have $34,750.00, or 50\ of the total marital assets and the remaining $10,127.10, or 15\ of the total marital assets would remain in escrow for future distribution. 32. Settlement on Petitioner's new residence is scheduled for October 9, 1997. 33. Petitioner requires $:L4,OOO,00 by October 9, 1997 to satisfy the contract terms. 34. Petitioner will suffel' substantial harm if he is not allowed to take a $14,000.00 distribution from the proceeds of the sale of the marital home. 35. Petitioner may lose hi~ $1,500.00 deposit if the sale is not completed. 36. The lease on Petitionl3r's current residence expires on October 15, 1997. 37. Petitioner will lose the $900.00 in application and other bank/mortgage fees incurred in purchasing the home. 38. Respondent does not concur in this petition. WHEREFORE, Petitioner requests that this honorable court authorize that each party be distributed $14,000.00 from the proceeds of the sale of their ma~ital residence that is currently being held in escrow. It is further requested that an order be issued preventing the withdraw of any of the remaining funds in the escrow account without further order of court or the consent of both parties. Respectfully submitted, ~b.~ Thomas D. Gould Attorney for Petitioner I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 Fax 761-1974 VERIFICATION I verify that the statements made in this petition For Special Relief 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:/O -l. - <J7 ~...L ~Vf((h~\:t Dale 'A. Duppstadt '-" 111 : ':':., ,,:,-;: t,l'_~ ~~', l)' ". I .",mJ il,,:-,I ;.1' ,. , _&. ..io._ _ _J _ '_ _ . C,Tbl. ro~ 1. turDloh.d to 9lve yo~ . .t.t.aant of aotu.l ..ttl...Dt co.t.. AaOUllt. paid I to IDd by tba .attll.oftt Avent az. .bow~. It... .az~ad '.O.C. vorl paid oQtolda clo.1Dq. - -- - - D. NAME OF BORROWER: E. NAME OF SEllER Randy Scott KIng Dale A, DuppelAdl KIialan Fawcatt KIng Karen e, Dupptladt O. PROPERTY LOCATION: H, SE1TL.EMENT AGENT: I. SliTT1.J:MENTDATE: 1271 Alm. Lan., M.chll/1lctburg. PA 170U DOUGlAS DOUGlAS .. DOUCJlA8 Mood.y te-S.p-D7 a7 WEST HIGH 8TRm Monro. Townahlp. Cumberland County CARUSLE, PA. 17013 0:00 p,m, I , J, SUMMARY OF BORROWER'S TRANSACTION K. SUUUARY OF SELlER'S TRANSACTION 10. ,AO" AMQU., IVI ,aOM toUO.II '00 .1.011 uovn on t'O ..LJ,.Ut 101 COft'r.., ..1.. ..10. .I34,I45,SO .01 C..tr..' ..1.. ~1.. 1134,145.5 10' '.r.oul DrOMrty .n ......ol p..pe,t, 10) ..ul....t etlu,.. (U.. 1000) 10371.57 .01 I.. ... 1.1 ............ 1~ Ne..l. ~ ..lhr, &4111u..... It... pr.~.14 ~y ..11.r. u. r...1l t.u.. .. Ja..c.o..tJ &0,7\ loe Lood ,.... '. 11._." 80,78 4U A.I,......u 101 l.......at. to .., ....001 tu.. .. JO.J....t. 0.00 101 lahool t.... .. 10.."...." 0,00 ... I., '0' 120 OROSS DUE FROM BORROWER 140587,08 420 GROSS DUE TO SEU,J;R lS82211,28 I.. AHOUW!I PAID I' 01 tOR lOaaOW1A 1.0 RSDUCfl... \. IMOUYt OU' TO .nLla I . \.1 o.poaLt ee .'ID..t Mon., 1000,00 101 "0... "polit I! 10, ..v Mort,... AaoUDtl ........U 1383:>.2.00 SOl ..1t.1....t o~.r'.' Q775,481 ,., kll.,l., lOt. I 'Ik.. ..~,..t ,. 'U &&l.U... 1..... ta.h. ,.. SO. ....11 '" ....._ 73480.&5 ,.1 101 'IN" Ja4 _nt.,. ~.. "t 14400.23 I.. 10' '0' 101 "'\1...."ut. for h.... \I.pald by ..ll.r '0' 110 Loa.l ,.... t. "...,." 0,00 ....,...u.e.... I.. 1>... ..paId..... "110. 211 A.......~t. ,. 110 lAo,1 tu.. 10...,." 0.00 'II ..bool hu. ,. 10.",." 348.85 III ..........u to '" 112 ......1 u.... t. 10......." $48,85 '" Sll 21' 110 ". tof'u' ...n Ir 1e.IOVU 14018&,85 "0 YOfA4 ..oUCfIOI. . ....... III1ODQ,18 ,.. cu. ,.OM/tO .aRlO.I. '0. C.... TO I PaOlI 'I:I.UII JOl Qro.. .-omit due fro. borrov.r 1411587,80 '01 Qro.. ..o..t tt ..11.r 180228.28 JOJ Le,. "'\1." D41d by/for bo.r.... 140180,85 '0. .....'1... to ..Lla, lI8OD8,I8 303 CASH FROU ITOI BORROWER: ",428.01 eo, CASH TO (FROU) SELLER: .sa.127,l1 I bav. c.r.tully r.vl.w.d tb~ lVO-1 G.ttla..nt Gtat...nt aad to th. be.t ot .y ~00vl.d9' aDd ball.t, lt 10 I true ADd .cour.t. .t.t..aot ot all reoelpt. &Ad dJ.bar....Dt. &ad. 00 .y uot or 00 .y blh.l :lld I h.v. r.c.lv.d . oopy~thl. BOD-I tO~'~,~d', 5~. ...... 'fr~'o ..~.. Randy S~ott ~I~~ D~J' A. !'uppstadt ~dH~)tlNJ~ t'\~ f~-\- Kr[.81en Fawcett King Karen E, Duppstadt &h\~~ t A ,.. '''; '..,: ~.~~ ~;:J [t~J. TO: 1 . I /, I I I l I ,q'~ L, lJL...ij~:f,i.Jt.. 7~': ft:t 1-:0': r-~'~ ,'1 ':)c- _,-,' 6: ::..>'-" ::)~2 -, ' J .~..:. I - 0' ~.o '. u.~ni A~onCr:.....-..__ - .---- .-. . ....-.-- . . 102 SlllIng Agoncy: ._-_.~- - ~-- - - _u. - . 103 Commiuion !laid &ll~!~.mlnl ------ .,-.-. - -.-..---.--- COO lTl!lAS "AYABUi IN CONNECTION WITH LOAN OOt Loon OrlolNtion ,.. I.OOO~ BamllllAortolol ComDlnv 13a3.22 002 LOin Dllcounll,250% Ilam.lI Mortg.g. Co!!'f>any 1135.20 .- -. 003 "oorll..J F.. .275 pac Danl.1 BamlnOll P,O,C, 004 Credit nlport S50 POC Clod~ Bul of Or HBG FICIl.I&I Dala P.O,C, C05 Undlrwritina F.. 80c Documlnt PrlelrlUen Fee IlamllllAortalgl ComD.&nv 2.0.0 C07 Rood c.rttflcatian F\ood 0.1& 8.rvIco IC.oo COC Tilt S.MC' F.. Tranaam.rica Tu S.I'IIoI CI.O 1lQ0 OVlmighl 101.11 Charall: GIora. F, Dougl.. III 30.0 C\ 0 OVlmlght Mall Chllall: A1/l)Om. EXD,... 25.0 000 ITElAS LENDER REOUIRES TO BE PAID IN ADVANCE OOllnlllul @ S27,57.21dav 2 dlvs 29-8'0-07 3O-Slo-07 55,15 002 PMI/MIPNA FF D.oartmlnl 01 Vlltranl AIIllra 2722,00 003 Huard In.ulancl 00. 1007 -00 School nul Estate Tax Marv.... Murrav, Tu Collector uoe,ee 1000 RESERVES DEPOSITED Willi LENDER Esc,awI collecltd: (I rnoa, du.: X' eel me,: 100\ Hazard lnlul.nee S 32,75 08,25 1002 Mongaa.lnlulanc. 0 0,00 0,00 1003 Counl'//LOCII taxll S 2M3 211,'" 100. School tax.. . 117,23 .u,02 1005 "a or. got. Adlultm.nl - (EacIOW Startlna BatanC4l1520,05) -UO,5G 1100 TlTtE CHARGES 1101 Goltllmlnl 01 ciOlino f..: 1102 Ablllact or titil lurch: 1103 lid.ulmln.Uon: 110. ll~llnlurancl blndlr. 1105 Docum.nl preD.ratian: An1hollV L. O.Luca 00,0. II O~ Netarv t..I: NotarY 12.00 HI' 1107 Allamlv', f.lI: fincludll .bovelttm numbel'll: IIO~ llU.lnlurenco: AGENT FOR FIOEUTY N"OONAl. TlTtE lOCUS ~ncludll abav.lttm numbel'l):ll01-1104 Endoraem.nta $75,00 , I OQ Ownlr'. coverea. $130,1045,50 '1013,75 1110 Lendlr'. cov.rlo. $130,1122 ,00 1111 Ol.bulum",t t.. GIolal F, GIolg. III SS:Ol 1200 GOVERNMENT RECORDING AND TRANSFER CHARGES '20\ O..d 23,50 Martaaa. S 1.50 &$,00 1202 R.I.... .....,onm.nl 0,00 , 202 Counly/LOC.I trani'" tax II'" l3OI,~ 1203 P.. Stal.ll&nl'" tax It,,) 1301..1 1300 ADDITIONAL SETTl.EMENT CH"RGES 1301 Radon tutina: 1302 P8IllnIOecuon: 1303 WillI Certification olllltina: '30. Seotic/S4ndmound r.Dair GIN Morrow 7000.0' ,.00 TOTAL Sl;TTU;U~NT CHARm:!!: 10371.57 8775,., ,.110 .ntlr.d on IIn. 103 for BorrowlI: IInl 502 fOI S.II." II \.,;. I . .011 i 'III. \ hi, .' I. . ArTOHNEY AT LAW 35 EAST HIGH STREET SU'TE 203 CARLISLE. PENNSYLVANIA 17013 LEGAL ASSISTANT BONNIE L. COYLe TELEPHONe 1717/ 241.4311 FAX 17171241,4021 August 26, 1997 Thomas D, Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 RE: Karen Duppstadt - Dale Duppstadt Dear Tom: Karen and I have reviewed the proposed Marital Settlement Agreement. The proposal is definitely not acceptable, We will not be in a position to discuss settlement until we have accurately identified and valued all marital assets and liabilities. Based upon my current knowledge of the facts, in consideration of the standards for equitable distribution and alimony, it is my preliminary analysis that Karen will be entitled to approximately 60% of the net value of marital assets and five years alimony. There are, however, other important matters to consider, such as providing Karen with sufficient funds from the sale of the marital real estate to purchase a new home for herself and the children, Dale's maintenance of sufficient life insurance, with the children as beneficiaries, to provide for their care and education in the event of his death, and a reasonable contribution from each party toward the expenses of post high school education for the children, The proposed Agreement which you prepared is consistent with Dale's ideas which he shared with Karen recently, However, consistent with my advice, Karen did not respond to his suggestions, Rather, she wishes the negotiations to proceed through legal counsel, Karen dropped off a good bit of financial information which I will pull together and submit to you in the near future together with a request for additional information, However, in the context of this letter I do wish to address certain items proposed in your Agreement and request certain written confirmations of assets and liabilities which will be necessary to obtain, Dale's retirement plan through Woolworth's is marital property subject to equitable distribution, Karen delivered a January 1/ 1996 personal benefit statement, Please obtain one for January 1, 1997 and provide it to me, We will need to obtain a present worth determination of the value of the asset and decide how to distribute Karen's share, whether by direct offset or by distribution of a portion of the monthly payment upon Dale/s retirement (i,e, deferred distribution method), August 26. 1997 Pale 2 DALE F, Slll'fiIlART. JR, Based upon the preliminary analysis I initially performed in regard to the parties' net earnings, when the marital home is sold and the mortgage is paid, the guideline determination was approximately $720 of child support and APL of approximately $185 per month, a total of approximately $905 a month, We will, however, need to obtain and exchange current income information in order to make an accurate calculation. Karen is working additional hours and therefore her net pay has increased, It is my understanding Dale received a bonus, We will need a copy of the pays tub for the bonus, By way of further note, under support guidelines, Rule 1910,16-5(p), unreimbursed medical expenses are divided proportionate to the parties' income, Additionally, under no circumstance will Karen agree to forego her right to claim all three children as dependent deductions on her tax returns, The proposed Agreement you prepared contemplated completing the divorce in 1998 and filing a joint return for 1997, It will probably be in both parties best interest to do so, Under the circumstances, we are not under a great time constraint to work out a settlement agreement. It is doubtful an agreement could be reached by the time the house is sold, Therefore, the majority of the net proceeds will need to be escrowed, It may be appropriate for each party to receive a small partial distribution from the net proceeds for present use, As I mentioned previously in this letter, the maintenance of life insurance for the benefit of the children is a prime consideration, Please obtain and provide for me written confirmation of the face amount and cas~ surrender values of Dale's life insurance policies as of the date of separation and forward them to me. Please accumulate the information requested herein and forward to me, As previously stated, in the near future I will provide you a more comprehensive statement of marital assets and liabilities as well as supporting documentation which I have accumulated. k7;;;~ DFS,JR/bc Dale F, Shughart, Jr, cc Karen E. Duppstadt