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HomeMy WebLinkAbout97-01790 ~ > { - ~ ~ . .~ - ..... t to- ~ . a ~ I i I I , \, ) .," r~-~ Ilf~'- 1''''.' , ~~-----------~_._------------~ v ~ ~ ~ ~ ~ ~ 8 " M /, ~ ~ ~ 8 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 8 i ~ ~ ~ ~ ~ " ~ ~ ~ ~ ~ i ~ Atlelt:~~ ' ~ ~ . ' ; 11 Prothonotary ; ., --~ --~~--~------~~~*~----~--~~~~ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNSYLVANIA WILLIAM M. WITTER, II No. ........9..7.:::,1,!,9.0 ................, 19 II !I I I ..................................... PLAINTIFF ..................................-................................................. Versus CHRISTINE F. WITTER, DEFENDANT DECREE IN DIVORCE AND NOW, ... ~~\. .-:?,~............ 19 ~W.., it is ordered and WILLIAM M. WITTER . . decreed that .,..,.,..,..,..,...,.,..",..,.................... plaintiff, CHRISTINE F. WITTER and....... ,.,..,.' ".....".,. ...' ., .,.......',. ............, defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; NONE. THE POST NUPTIAL AGREEMENT DATED APRIL 16, 1998 IS INCORPORATED BUT NOT MERGED INTO THIS DECREE IN DIVORCE. .".,...,...."...:::::::::::::::::::::::::::::::/;:::::::::::::::::::: " / , D $ ~ ,'~ ~ ~ ~ ~ ~ '. $ ~ ,j ~ ~ 8 ij M l II: ~ ~ " , , ~ ~ "" " ~ ~ ;,: ~ ~ :;: ;.; ~ iiJ ,. 8 ~ , ~ 8 ~ 0;' " ~ .;, ., J. ~ ., .' , vs. 97 - 1790 WILLIAM M. WITTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHRISTINE F. WITTER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 10 day of v~ 1998, is hereby Ordered and Decreed that Plaintiff, William H. Witter, shall pay Defendant, Christine F. Witter, Alimony, in the amount of $225.00 per month for forty-eight (48) consecutive months in accordance with paragraph 10 of the attached Post Nuptial Settlement Agreement which shall be incorporated but not merged in the Divorce Decree. J. Andrew C. Sheely, Esquire-~./. at;;r /IU~ ~ /k Attorney for Plaintiff " Philip H. Spare, Esquire ,. -1vrfc., /lra~ .3.~ ~,F Attorney for Defendant r'/~/ Fti_~D-C:::'-:St O~ -, ,.,. .".... ,',-, .,,( It- I. ,~ ", . : '. ,.: t,.-...... 90Hi\Y~1 'liill:5! CW:;~~i,_;: ,,' '_',:J;'1T'( FEi'\''\~'{L..'/;~\J~'\ POST-NUPTIA~~~M~~ AGREE~ THIS AGREEMENT, made this It"{l~ay of April, 1998, by and between William M. Witter, party of the first part, hereinafter referred to as "Husband", and Christine F. Witter, party of the second part, hereinafter referred to as "wife". WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on November 11, 1995, in Mechanicsburg, pennsylvania, separating on or about December 1, 1996; and WHEREAS, certain differences have arisen by and between the parties as a result of which they have now separated, living independent and apart from one another, and the parties hereto are desirous of settling fully and finally 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 ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. WHEREAS, the parties being fully advised as to their respective rights, duties and obligations growing out of their marital status, particularly with respect to the relevant sections of the Divorce Code, Act No. 26, April 2, 1980, P.L. 63, ~ amended, 23 P.S. 3101 et seq., and being fully aware of their right to consult with or having consulted with their respective legal counselor advisors, namely Andrew C. Sheely, Esquire, Attorney for Husband, and Philip H. Spare, Esquire, Attorney for wife, and acknowledging the opportunity and ability to request a full and complete disclosure of income and assets from the other, and reviewing this Agreement, have come to an agreement as to each and all of their said matters of property and relations; and WHEREAS, Husband has filed a Complaint in Divorce, said Complaint being docketed in the Prothonotary's office of Cumberland County, Pennsylvania, at No. 97 - 1790. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter set forth, each of the parties hereto intending to be legally bound hereby by affixing their hands and seals agree as follows: 1. ADVICE OF COUNSEL Husband and Wife acknowledge that they have been given the opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel from his or her selection, and that each fully understands the facts and has been fully informed as to his her or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, and the circumstances, fair and equitable, after having the opportunity to receive such advice and with such knowledge, and that execution of this Agreement is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has had the opportunity to be fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and having the opportunity to be fully advised of 2 his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth therein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order effecting the respective parties rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from each other in such place or places as he or she may from time to time choose. 3. INTERFERENCE Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other or their respective families, or compel or endeavor to compel the other to cohabitate or dwell with him or her, or to in any way harass or malign the other or their respective families. 4. WAIVER OF CLAIMS AGAINST ESTATES Except as otherwise provided herein, Husband relinquishes his inchoate intestate right and his right to act as a personal representative in the estate of Wife, and Wife relinquishes her inchoate intestate right and her right to act as a personal representative in the estate of Husband. Each of the parties hereto by their presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns or any of them, of any and all claims, demands, damages, actions, causes of 3 actions, suits, at law or equity, of whatsoever kind or nature, for or because of any matter or thing omitted or suffered to be done by said other party prior to and including the date hereof, except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any cause of action in absolute divorce which either party may have against each other. S. MARITAL PROPERTY The parties hereto acknowledge that during their marriage they have acquired, individually or jointly, various marital assets, including miscellaneous personal property, automobiles, furniture, personal items, dishes, tools, jewelry, increase in value of non-marital property, equipment, coins, and marital debt. Husband and Wife acknowledge that they are aware of their respective rights pursuant to the Divorce Code of 1980, as amended, to obtain formal valuations or appraisals of the items of marital property. The parties hereby waive any necessity for completing or attaching any financial disclosure(s). Each party further acknowledges the opportunity to attach a full and complete financial disclosure and that such disclosure is not desired to effectuate a fair and equitable resolution of their marital rights, duties and obligations as provided in the Divorce Code of 1980, as amended. 6. PERSONAL PROPERTY The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate 4 owner of all such tangible personal property presently in his or her possession, whether said property is heretofore owned jointly or individually by the parties hereto, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possessions of each of the parties hereto. 7. ~ Husband and Wife agree that Wife shall be entitled to maintain and own the parties dog, CHESSA, and Husband shall sign all necessary papers and documents to transfer ownership of the dog to wife. 8. MOTOR VEHICLES The parties hereto agree that Wife shall be entitled to have the sole and exclusive control, benefit, use and title of the Mazda Protege, and that she shall hold Husband harmless from any debt thereon. The parties hereto agree that Husband's 1989 Ford FlSO has been returned to Wife's father, Charles Benner, and that Husband shall hold Wife harmless from any debt owed to Charles Benner associated with the truck. Further, both parties acknowledge that Husband has returned such truck to Charles Benner as of the date of this Agreement. The parties hereto agree that titles to the motor vehicles shall be transferred within thirty (30) days hereof, if applicable. 9. MISCELLANEOUS (A) The parties hereto acknowledge and agree that any and all savings and checking accounts, as well as certificates of deposit and other investment accounts, owned by them jointly or singly, have been divided to their mutual and individual satisfaction. S (B) Neither party hereto shall make a claim upon the other for accumulated pension, profit-sharing, retirement support, retirement benefits, insurance policies, IRA's, or any retirement-related benefits. (C) The parties hereto acknowledge and agree that any and all life insurance policies owned by them jointly or singly have been divided to their mutual and individual satisfaction. Each party hereto acknowledges that they have in their sole possession those policy or policies of life insurance which they intend to keep and retain as their sole and exclusive property and, further, each party shall have the right to designate the beneficiaries of said policies. (D) The division of existing marital property is not, except as otherwise expressly provided herein, intended by the parties to constitute in any way, a sale or exchange of assets and the division is being affected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of an equitable division of the marital properties and the marital settlement herein contained, the parties hereto agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. (E) Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. Wife specifically agrees that 6 she shall assume all credit card debt in her name alone which was incurred by the parties during marriage and that she shall hold Husband harmless from any liability associated therewith, provided Husband makes all alimony payments as required in paragraph 10 below. (F) The parties hereto agree that any and all obligations incurred subsequent to the date of separation, said date being December 1, 1996, shall be the sole and individual responsibility of the party incurring the obligation. Husband represents and warrants to Wife that from the signing of this Agreement and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Wife represents and warrants to Husband that from the signing of this Agreement and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 10. ALIMONY. SUPPORT AND MAINTENANCE Husband shall pay Wife, as alimony, the sum of two- hundred twenty-five dollars ($225.00) per month, beginning on May 1, 1998, for forty-eight (48) consecutive months, payable on the first day of each month. The alimony amount of $225.00 per month shall be nonmodifiable, excepting only a substantial change in circumstances directly related to a physical or mental disability, medical condition or the health of either party, which limits or impairs the ability of either party to work. Upon conclusion of the forty-eighth (48th) payment, the payment and amount of alimony from Husband to Wife shall forever cease. 7 This Agreement may be submitted to the Domestic Relations Office of Cumberland County for enforcement purposes. In such event, each party agrees to execute any documents as are required by the Domestic Relations Office to effectuate the terms of this Agreement. Alimony awarded pursuant to this paragraph shall cease upon either Husband or Wife's death. The alimony payments awarded pursuant to this paragraph shall be taxable to and included in Wife's income at the amount of $225.00 per month commencing as of May 1, 1998, and deducted from Husband's income at the amount of $225.00 per month commencing as of May 1, 1998, in accordance with all tax laws and Internal Revenue Service Rules and Regulations, for forty-eight (48) consecutive months and/or payments. The parties agree to reduce this Agreement to an Order of Court for enforcement or any other purpose upon the written request of either party. 11. MUTUAL RELEASE Subject to the provisions of this Agreement, each party waives his or her right to further alimony or support and further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code, as amended. Subject to the provisions of this Agreement, each party has released and discharged and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce or except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives their right B to request marital counseling pursuant to Section 3302 of the Divorce Code. 12. SUBSEOUENT DIVORCE A decree in divorce entered by a court of competent jurisdiction to either party shall not suspend, supersede or affect the terms of this Agreement. Both parties agree, if requested, to enter a Consent Order or Orders concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed or to be filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, pennsylvania, or any other Court of competent jurisdiction. Furthermore, both parties hereto agree, if requested, to execute the appropriate affidavits of consent and waiver of formal notice forms to secure a No-fault Divorce as may be required by the Divorce Code, as amended. Both parties hereto agree that this Agreement may be incorporated into a separate Court Order but shall not merge in such order. 13. 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with 9 respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of the Divorce Code or any amendments thereto. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 14. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 15. ADDITIONAL INSTRUMENTS Husband and Wife shall from time to time at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the terms of this Agreement. 16. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the 10 provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or construed as a waiver of any other term, condition, clause or provision of this Agreement. 17. BREACH If either party hereto breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for such breach, or seek other remedies or relief as may be available to him or her. Both parties agree and are aware that noncompliance with any provision of this Agreement permits either party to pursue appropriate legal remedies, including sanctions as set forth in 23 Pa. C.S.A. S3l05. All remedies provided by law and all remedies provided for in this Agreement for enforcement of the Agreement shall be deemed to be cumulative and the exercise of one remedy shall not bar or prevent the pursuit of any other remedy and either party may elect to pursue such remedies simultaneously and the exercise of a remedy one or more times shall not exhaust its use or prevent further pursuit of such remedy. In the event of breach of this Agreement, each party shall assume their own attorney fees and costs. i' ~ 18. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any effect whatsoever in determining the rights or obligations of the parties. 19. INDEPENDENT SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 11 ~ j ~ "" lJ; ..~ ., l.J1~1 - . J..... - (." '. MCo :r.: ("-' :':: Li':' ~~ ~.\ ;'-! )~) ". --:T lll~. C', ,.- .-.. r.:~' c: !-'itj r... ~~!t~ .." " t; 0.., .J ("I' U WILLIAM M. WITTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. 97 - 1790 CHRISTINE F. WITTER, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information to the Court for entry of a Divorce Decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (C) of the pennsylvania Divorce Code. 2. Date and Manner of service of the complaint: Certified mail, restricted delivery, on April 9, 1997. 3. Complete either paragraph (a) or (b). (a) Date of execution of affidavit of consent required by section 3301 (C) of the pennsylvania Divorce Code: by Plaintiff on April 16, 1998 and by Defendant on April 16, 1998. (b) (1) Date of execution of the affidavit required by Section 3301 (d) of the Divorce Code: Not apolicable: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Not a09licable. 4. Related claims pending: None. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Not applicable (b) Date Plaintiff's Waiver of Notice in Section 3301 (C) was filed with the prothonotary. April . 199B Date Defendant's Waiver of Notice in Section 3301 (C) Divorce was filed with the prothonotar~ (?_~ Andrew C. Sheely, Esquire Attorney for Plaintiff >- 0 f; ~ C; ''-L I-" i:A wQ -:-"':-t Uz E'; x: -':"""'.J.. ~?? oc:c 1::1:::;' , . <:! c ..:t' .....;.') Ii N ~);'~ LJ:Z a:gJ 0,: tlJLU 0... tf)u. ~ ocr :':i L'- OJ ,";) 0 0' U WILLIAM M. WITTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 97 - nt)fl .!'r(,jA..;:i.i;" IN DIVORCE vs. CHRISTINE F. WITTER, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed against you and a decree in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation with your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is avaHable in the Office of the Prothonotary at the Cumberland County Courthouse, 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 Court Administrator One Courthouse Square Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 (717) 697-0371 By: AdlivJfJ~ Andrew C. Sheely, Esq a PA. 1.0. No. 62469 BOGAR AND SHEELY LAW OFFICES 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff WILLIAM M. WITTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CHRISTINE F. WITTER, Defendant 97 - /'! ,/L' C"" i -i.~ IN DIVORCE COMPLAINT 1. Plaintiff is William M. witter, who currently resides at 155 Cedar Lane, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Christine F. Witter, who currently resides at 11 West Schoolside Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 11, 1995 in Mechanicsburg, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of marriage counseling and understands that he may have the right to request that the court require the parties hereto to participate in counseling. 7. Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken and that the Plaintiff and Defendant have lived separate and apart since December 1, 1996, or, in the alternative that Plaintiff 'i-~ 1 '>- ...:I' 1i\ h~ ,,,; .,. ....... ~~: (,. .~< ~ q UI~-:-) " O'n j';JI '" C-l ~:.: ... :~1 \ ~ ....- f'.. tll:-~ ',- ~ " , r-. . (:1 ~ C.ll I 'I:","; 111'-- ~ t ....J,. r,; . ., ,',] ~ ~ li." C. .':~ .- ..f. ~ t,_ r-- ,:'i \ . 0 (]'I u r-! ") ....... '{I I{I 0 ~ <.:SI -< Z (~ 1:< ~ 0 ~ -( ~ :5 ~ ~ " E >- 2 f- '" UJ <. ~ z 0 Z u 7- Z '" ~ Z oJ r UJ OJ '" 0- UJ rj z ~ ~ ~ a: ~ tXl 0 " i; ~ ::J ~ '" " lJ " < z -< J: U UJ ::; I ,f I , , ; I ; . v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WILLIAM M. WITTER, Plaintiff CHRISTINE F. WITTER, Defendant 97-1790 CIVIL TERM IN DIVORCE NOTI~ You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim for 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 that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DECREE OF 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, Pennsylvania 17013 (717) 249-3166 LAW O"ICr.U SNnDI\KCR. Orll:NW:MMI lk SPMH: SNELBAKER, BRENNEMAN & SPARE, P.C. By: /12~ 7/~: ~-4' Atto ney , for Plaintiff WHEREFORE, Defendant requests your Honorable Court to enter a Decree in Divorce divorcing Plaintiff and Defendant absolutely. COUNTERCLAIM COUNT I 8. Paragraphs 1 through 7 above, are incorporated herein by reference thereto. 9. During the marriage, the parties accumulated marital property and incurred marital debt. 10. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property and marital debt. WHEREFORE, Defendant respectfully requests your Honorable Court to enter an Order of Equitable Distribution in this case. COUNT II 11. Paragraphs 1 through 10 above, are incorporated herein by reference thereto. 12. Defendant lacks sufficient property to provide for her reasonable needs and payment of the marital debt. LAW OfFICl:O SNELDAKER. BRF.NNCMAN 8: SPARE 13. Defendant requests this Honorable Court to enter an award of alimony in her favor pursuant to the Divorce Code. -2- WILLIAM M. WITTER, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. 97 - 1790 CHRISTINE F. WITTER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 330l(c) of the Divorce Code was filed on April 7, 1997. 2. The marriage of plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I 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.A. Section 4904 relating to unsworn falsification to the authorities. DATE: I{ - 1(, <7; '/'17 ~ tv ~~e-c_ :., , ,,?;-j;t;L - '( B WILLIAM M. WITTER WILLIAM M. WITTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. 97 - 1790 CHRISTINE F. WITTER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 7, 1997. I acknowledge receiving a certified copy of the Divorce Complaint, said copy being served upon me by Certified Mail, Restricted Delivery, on April 9, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit true and correct. I understand that false statements herein made subject to the penalties of 18 Pa.C.S.A. Section relating to unsworn falsification to the authorities. ,,'< , V) // (-' i,l l( / Ie /t / CHRISTINE F. WITTER are are 4904 DATE: ~~)(,A ,'( WILLIAM M. WITTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. 97 - 1790 CHRISTINE F. WITTER, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301 (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 decree 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.A. Section 4904 relating to unsworn falsification to the authorities. DATE: 1)(~jy'{I /) (/'7 tA(:/~ /( ~j~: CHRISTINE F. WITTER - WILLIAM M. WITTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW " ' vs. 97 - 1790 CHRISTINE F. WITTER, Defendant IN DIVORCE C', ',') ( . -- " '" AFFIDAVIT OF SERVING COMPLAINT '1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS L- ~ LJ'" =:-j -, c., ". ~<l ...... 1.0 -< ANDPEW C. SHEELY, being duly sworn according to law deposes and says that he caused a true and correct copy of the Divorce Complaint in the above-captioned matter to be served by Certified Mail, Restricted Delivery, Return Receipt Requested, as indicated by the attached receipt cards, on APRIL 7, 1997. (2, ANDREW C. SHEELY SWORN to and subscribed before me ~~ ' this .to ~ day ~fa;-u 1998. Ui-tLy- i/J,,~ Notary Public My Commission Expires: NOTAaIA1 SIAl, CATHY J. IMUIO. Holory "'hie ~.ubu'll"'" CumbooI..Ild Co.. PA Mrc.m.,,,,:"~~ 1ft, = ~-::..... ....-t ~.--:;"'.' ...... rr- j." .! C. ..::J r" " "" or.;, . ) '....;' ;- , j; -', ". !. .. , ) c' (J '.) ,. ,. ','.-1'.' " !, r:'i F :_~ : -..1 ,: I ! r'i '.' " j',' '-.,., I. . - e.) {~. f--; ~:: V: 8 I!I ~ ('() :_; 0: ~ ... Co " ,- ~ Cd ~ - -', , r:>' , ] "Fl 1!.1l , ~ .11 r~ . JOll ~ l.'__ L'.' . " L".. .. .. I!, . . ~ .' U (.1 U \ OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Catlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Tracl Jo Colyer Office Manager/Reporter West Shore 697-0371 Ex!. 6535 February 9, 199B Andrew C. Sheely, Esquire P.O. Box 95 Mechanicsburg, PA 17055 Philip H. Spare, Esquire SNELBAKER, BRENNEMAN & SPARE 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055 RE: William M. Witter vs. Christine F. Witter No. 97 - 1790 civil In Divorce Dear Mr. Sheely and Mr. Spare: By order of Court of President Judge George E. Hoffer dated February 5, 199B, the full-time Master has been appointed in the above referenced divorce proceedings. At one time I represented a William Witter and I am not certain whether or not the Plaintiff in this case is the same William Witter that I had represented some years ago. I request that counsel inquire as to whether or not Mr. Witter was previously a client of mine. I am going to go forward with a directive for the filing of pre-trial statements but in the event that there is a conflict, I will forward the case to the Court Administrator for assignment to one of the judges. The divorce complaint that was filed on April 7, 1997, raised grounds for divorce of irretrievable breakdown of the marriage and averred separation since December 1, 1996. I am unable to tell from the pleadings whether or not the parties will consent or whether we need to wait until the two years have passed. An answer and counterclaim were filed on February 4, 199B. The counterclaim raised the economic issues of equitable I . Mr. Sheely and Mr. Spare, Attorneys at Law 9 February 1998 Page 2 distribution and alimony. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pre-trial statement on or before Monday, March 9, 1998. Upon receipt of the pre-trial statements I will immediately schedule a pre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pre-trial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRE-TRIAL STATEMENTS SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL , OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Slreel Catlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorc. Mast.r Tracl Jo Colyer Ollie. Manag.r/R.port.r West Shore 697-0371 Exl, 6535 March 11, 1998 Andrew C. Sheely, Esquire P.O. Box 95 Mechanicsburg, PA 17055 Philip H. Spare, Esquire SNELBAKER, BRENNEMAN & SPARE 44 West Main street P.O. Box 318 Mechanicsburg, PA 17055 RE: William M. witter vs. Christine F. Witter No. 97 - 1790 civil In Divorce Dear Mr. Sheely and Mr. Spare: I am writing in response to Mr. Spare's letter of March 9, 1998. I have no difficulty in giving counsel time to resolve the case by settlement; therefore, the directive to file pre-trial statements on or before Monday, March 9, 1998, is withdrawn. Mr. Spare suggests that counsel should be able to know if the case is settled by April 13, 1998. In the event that the case is not settled, I direct that counsel file pre-trial statements in accordance with P.R.C.P. 1920.33(b) on or before Monday, April 20, 199B. Thank you for your efforts in bringing this matter to conclusion. In the event the case is settled by agreement, please forward to me two (2) copies of the signed agreement and I will prepare an order vacating my appointment. Very truly yours, E. Robert Elicker, II Divorce Master . Mr. Sheely and Mr. Spare, Attorneys at Law 11 March 1998 Page 2 NOTE: Sanctions for failure to file the pre-trial statements are set forth in subdivsion (e) and (d) of Rule 1920.33. THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. i~ lr ,- '.J.l ,- -a. n- c: I Q ~ itl . , lj l:- I- .. c:- ~ 3 , I " . - :J ~: J ~ 1._" : ~ ;:l : ci.. I'. l ~.,. cJ