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HomeMy WebLinkAbout97-02320 \ { ~ 11/ ~ ~ ~ ~ \ / I ! I I I i i ! I I ~ ~ ~ ~ ~ ~ *-*ro*_~__~_**ro~*~~~~.,..~.~,~.~~~~~..~ ~:--- ..-~.-' .. ..-..':"''= ... .. ....... ...".. ... ... . . . .~. .. ~ :) -.' .i ".', ",I .' ".'j ~'I .. ~'\ "'( s IN THE COURT OF COMMON PLEAS ~ ',' ~ ~,' s OF CUMBERLAND COUNTY ~ ',' ~ Jk~ STATE OF i!?~~ ,",,"'~"!''''''''''T ~ s PENNA. ~' ~ ~ ~ ',' ~ s CINDY L. HATTER, Plaintiff $ ~ , 97 - 2320 CIVIL TERM i\ II, ,,,,,..,,....,......,, "."............ ~l ~, ~ Vl'I':'lIS ,', ~ ~ DANIEL L. HATTER, s $ Defendant $ $ $ i, ~I' .. ~ J ..1 ,:,1 ~I s DECREE IN DIVORCE ANDNOW.qPJl.~....,~...".. 19.~.., ~ '.' ~ !.:, I'. ( . I c' l~ 'I~ .. i' ~ it is ordered and .. $ decreed that "". ,C.I.~~~ .~', .~~~~', . . . . , . . , . ,. . , , . " . ., . .. , .. '. plaintiff. and. ., , . .. . . . , , . . , ., . ~~~~~.~:. ~~~~~!, . , . .. , . . . . . . , . . . . ,. ,., defendant. are divorced from the bonds of matrimony, Further, the Matrimonial .. Settlement Agreement executed ~ the parties on September 15, 1998 is (cont1d)** I~ The court retains jurisdiction of the following claims which have i: been raised of record in this action for which a final order has not yet been entered; ~ ~ ~ $ ~ '.' $ ~ ~ (... ;~ ~ :.~ (cont'd)** incorporated herein as if fully set forth, for purposes of enforcement,'~ .... ........ ........ .......... .... ...... ...... ........ ...... .... ..........f '.' ~~. !l~~!lf!l~!I!l. !I~!l~l, no~, m!l~g!l. ~1I~?, !I!l~~. P!l~!!'l~.., f!l~. P!l!.t~~.s, !l!!3. .o!!l.e!.e.d. ,t.o. comply :~ with the terms of said Agreement. There are no additional claims. . ~: ~ , n y The' C" u r :.' { AlIe.I:/J. L"'v;'; U,Ao;r;:;J,;6 J, ~ ~1:;;)/~:' r ';~:~<'M~ : "7 ( , ~rolhol10lary :~ , ~ .~ :. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.;. .:.:- .:.:. .:.:. .:.:. J> -:.:. .:.:. .:.:. .:.;. .:+;. .:.:. .:.;. :!: ~1 .~} ~I ~i :II ":;1 ~I '.:-:. .:.:. .:.:. .:. NOW THEREFORE, in consideration of the premises and mutual promises, covcnants and undertakings hereinaftcr sct forth and for other good and valuable considcration, receipt of which is hereby acknowledged by each ofthc parties hcreto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. INCORPORATION OF PREAMBLE The reeitals set forth in the Preamble of this Agreement are incorporatcd herein and made a part hereofas if fully set forth in the body of the Agrecment. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not bc considered to affcct or bar the righl of Husband and Wifc to an absolutc divorce on legal grounds if such grounds now exist or shall hereafter exisl or to such dcfcnse as may be availablc to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party, which have occasioned lhe disputes or unhappy differences which have occurred or may occur subsequenlto the date hereof. Thc parties acknowledge that their marriage is irrctrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the temlS of Section 330] (c) ofthc Divorce Codc. Each party shall cxccutc an "Aflidavit of Consent and Waiver of Noticc oflntention To Requcst Entry ofa Divorcc Dccrcc"upon the cxpimtion of the mandatory nincty (90) day lI'uiting pcriod, , ~, tt!l- 3. EFFECT OF DIVORCE DECREE The panics agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the panies. 4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The panies agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. 5. NON-MERGER It is the panics' intent that this Agreement does not merge with the Divorce Decree, bUl rather shall continue to have independent contractual significance. Each pany maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid ineorporalion or as otherwise provided by law or statute. Those remedies shall include. but not be limited to, damages, resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an Order of Court or Agreement pertaining to equitable distribution, alimony, alimony pendenllite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in eficct and as amended or hereinafter enacted. 6. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRlBlITION DATE 3 pI. Thc transfcr of propcrty, funds, documcnts and/or any oth~r thing or provided hcrein shall only take placc on thc "distribution datc" which shall be defined as thc date of execution of this Agrcement unless othcrwise specificd herein. 8. FINANCIAL DISCLOSURE The partics confinn that each has rclied on the accuracy of the financial disclosure of the other. as an inducement to the execulion of this Agrcement. 9. SEPARATION Husband and Wife shall at all times hereafter havc the right to live separate and apart from each other and to reside from time to time at such place or places as they respectively deem fit, free from any control. restraint, or interference whatsoever by' the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causcs leading to thcir living apart. 10. DIVISION OF BANK ACCOUNTS The parties acknowledgc lhatthey have divided their marital bank/credit union accounts to their satisfaction and that any bank/credit union accounts held solely in individual names shall become the sole and scparate property of the party in whose name it is registered. Each party does hereby specifically waive. release. renounce and forever abandon whatever right. title. interest or elaim he/she may have in the other party's respective accollnts. " ,g) , (i) The 1995 Nissan Truck shall become the sole and exclusive property of Wife. There arc no outstanding liabilities associated with this vehicle. (ii) The 1997 Honda Motorcycle shall become the sole and exclusive property of Husband. There is an outstanding liability associated with this vehicle of approximately $ 2,000.00. (iii) The 1986 Honda Rebel MOlorcycle shall become the sole and exclusive property of Wife. There arc no outstanding liabilities associated with this motorcycle. B. Transfer of Ownership. The parties agree to execute the titles or assignments of lease agreements to lhe aforesaid vehicles, if appropriate, to effectuate the transfer as herein provided on the date of exeeution of this Agreement and said exeeuted title/assignments shall be delivered to the proper party on the distribution date. For the purposes of this Paragraph the tenn "title" shall be deemed to include a "Limited Power of Attorney" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. C. Indemnification. In the evenl any vehicle is subject to a lien. encumbrance. lease or other indebtedness the party receiving said vehicle as his or her property shall 0) take it subject to said lien. encumbrance. lease or other indebtedness: (ii) shall be solely responsible therell)re and (iii) agrees to indemnilY. protect and sa\'e the other party hanllless from said lien. encumbrance. lease or other indebtedness. Each oflhe parties hereto docs speeilieally waive. (, ,!I (I release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the tenns of this Paragraph. The parties acknowledge they know of no liens, encumbrances, leases or olher indebtedness to which any of lhe aforementioned vehicles is subject to, except those liens, etc. set forth in this Paragraph. 13. PERSONAL PROPERTY The parties hereto mutually agree that they have divided all furniture, household furnishings, appliances and olher household personal property between lhem in a manner agreeable to both parties. The parties also mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession ]4. EMPLOYEE BENEFIT PLANS Excepl as may otherwise be provided herein, each of the parties docs specifically waive, release renounce and forever abandon all of his or her right, title, interesl or claim, whatever il may be in any Pension Plan. RetiremenlPlan. Profit Sharing Plan, 401(k) Plan, Keogh Plan, Stock Plan. ESOPP. Tax Deferred Savings Plan and/or any other employee benefit plan (collectively referred 10 as "Employee Benelit Plans") and herealier said Employee Benefit Plans shall become the sole and separate property of the party named in the Employee Benelit Plans or through whose employment said Employee Benelit Plans arc carried. 7 pJIi 15. REAl. PROPERTY & TIME SHARE, The parties acknowledge that they o\\n real estate known as 3101 Columbia Ave.. Camp Hill, PA 170 II, located in Cumberland County, Penns)'lvania (hereinafter referred to as the "Marital Residence") which was acquired during the marriage as well as a "Time Share" with Outdoor World, located in Bushkill, PA, which was acquired jointly prior to the marriage. The parties agree that the o\\nership of the marital residence and the "time share" shall be transferred into Wife's name alone. The marital residence is subject to a mortgage, with the Firsl National Bank of Marysville. of approximately $40,000.00 and Wife agrees to (i) take it subject to said mortgage; (ii) shall be solely responsible therefore and (iii) agrces to indemnify, protect and save Husband hannless from said mortgage. The "time share" is nol subject to any lien or encumbrance. Husband docs specifically waive, release, renounce and forever abandon whatever right, title and interest he may have in the marital residence and the "time share" both of which shall become the sole and separate property of Wife. The parties acknowledge that they know of no mortgages. liens, encumbrances or other indebtedness to which the marital residence or "time share" are subjeclto, except those mortgages. liens. encumbrances or other indebtedness set forth in this Paragraph. 16, HUSBAND'S BUSINESS Husband has prcviously and continues to operate an unincorporated business under his name (hereinafter referred to as the "Business") currently located at ]01 AN. Fifth Strect. Lemoync. Cumbcrland County. Pennsylvania. Wifc hcrcby docs spccifically waivc. relcasc. rcnouncc and forcvcr ahandon whatewr righl. titlc and il1lcrcst shc may haw in thc alilrcmcl1lioncd husincss and the husincss shall hccomc thc solc and scparatc l! ~(" property of I I us band. Husband, on behalfofhis business has incurred and has outstanding various debts, including but nOllimited a truck loan. Husband agrees (i) to be solely responsible for any and all past, present and future debts, expenses and liabilities of the Business and (ii) agrees to indemnify, protect and save Wife harmless from any and all pust, prcsenl and future debts, expcnses and liabilities of the Business, including but not limited to Federal, State and Local taxes, interest and penahies. 17. MISCELLANEOUS PROPERTY All marital property not otherwise mentioned in this Agreemenl shall be hereafter owned by the party to whom the property is titled: and if untitled. by the party in possession. This Agreemenl shall constitute a sunicient Bill Of Sale to evidence the transfer of any and all rights in such property from each part)' to the olher. 18. DEBTS! POTENTIAL LIABILITIES A. Credit Card Debts, Husband has incurred debts on his individual credit cards, including a current liability of approximately $3,125.00 on his AT &1' credit card and approximalc1y $2,950.00 on his Bell Atlantic credit card. Husband agrees that these credit card debls shall be his sole responsibility, and he agrees to pay them as they become due, and to indcmnify and hold Wife and her propcrty harmlcss for any and all such dcbts, obligations and liabilitics. Thc partics acknowlcdge thatthcy have no joint debls nor any individual debts except for those debts specilically idcntilied previously in this agreement. B. Sale of Perrv Counlv Residence. The parties acknowledge selling their fonner residence. located at Box 2248. RR 2. Duncan non. Perry County. Pennsylvania (hereinalier referred III as the "fonner rcsidcncc") in 1995. Thcy partics furthcr l) .0'" CO LL acknowledge that on or about June 12, 1997 a lawsuit was commenced, against Husband and Wife by the purchasers of said former residence, b)' Writ of Summons, docketed as 97-550,41" Judicial District, Court of Common PIcas of Pennsylvania, Perry County Branch. Husband and Wife hereby agree to employ the law linn of Johnson, Duffie, Stewart & Weidner to represent them in the aforementioned litigation, to cooperate in defending said lawsuit and to equally share the costs of said representation. Any other legal fees incurred, withoulthe \\Tillen consent of the other party to this agreement, shall be the sole responsibility and liability of the party incurring said fees. Husband and Wife further agree thaI any and all liabilities, judgments, costs, or other expenses (other than legal fees) associated with defending, sell ling. compromising or litigating the aforementioned lawsuit shall be shared equally by Husband and Wife. Husband and Wife also agree to share equally any recover received from the litigation. C. Other Liabilities. A liability nol disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same become(s) due, and to indemnify and hold the other party and his or her property harmless for any and all such debts, obligations and liabilities. From the date of the execution of this Agreement. each party shall use only those credit cards and accounts fur which that party is individually liable and the parties agree to not use any credit card or other debt instrument for which the parties have joint liability or any potentialliahility. The parties agree to cooperate in closing any remaining accounts which prol'ide for juintliahility, 10 ~J# 19. MEDICAL INSURANCE. The parties eaeh agree lhatthey have or shall obtain medical insurance coverage for himselflhcrself. All non-covered medical e~penscs shall be paid for by the party incurring said e~pense 20. LEGAL FEES. COSTS AND EXPENSES Wife acknowledges that she has been represented by Gary L. Rothschild, Esquire and Husband acknowledges that he has not been represented by Counsel relative to this Agreemenl and the above referenced divorce action. Husband acknowledges that Attorney Rothschild has not represented Husband and thaI Anorney Rothschild only represents the interests of Wife. The parties acknowledge and agree that each shall be responsible for the paymenl of any fees owed to their respective attorney. Husband and Wife do hereby waive. release and give up any rights which they may have against the other for payment of counsel fees. The parties acknowledge and agree that each shall be responsible for the payment of any and all costs and expenses incurred by that party. E~cepl as stated herein to the contrary Husband and Wife do hereby waive, release and give up any rights whieh they may have against the other for payment of costs and e~penses. 21 OTHER WRITINGS Each of the parties hereto agree to e~ecute any and all documents. deeds, bills of sale or other writings necessary to carry out the intent and language of this Agreement. ~~. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she had the right to obtain from the other party a complete inventory or list of all of the property that either or hoth parties owned at the II .o.lll.. time of separation and at the time and/or owned at this time and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties underslllnd thatlhey havc the right to havc a court hold hcarings and makc decisions on the mallcrs eovcred by this Agreemcnt. Both parties understand that a court decision eoneeming the parties' respective rights and obligations might bc different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or hcr needs and is in his or her best interests, and that the Agreement is not the resull of any fraud, duress, or undue influence exercised by eilher party upon the other or by any other person or persons upon either party. BOlh parties hereby waive the following procedural rights: A. The righlto obtain an inventory and appraisemenl of all marital and non-marital property as defined by the Pennsylvania Divorce Code. B. The right to obtain an income and expense statement oflhe other party as provided by the Pennsylvania Divorce Code. C. The right to have property identilied and appraised. D. The right to discovery as provided by the Pennsyl\'Unia Rules of Civil Procedure. E. The right to have the court detemline which property is marital and which is non-marital. and equitably divide and distribute between the parties thai property which the cOllrt detennines to be marital. and to set aside to a purty tlml property whieh the cOllrt detennilles to be that purties' Iloll-Illaritul property. 12 .8J1I F. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including bUl not limited to possible claims for divorce, child support, spousal support, alimony, alimony pendente lite (temporary alimpny), equitable distribulion, custody, visitation, counsel fees, costs and expenses. 23. FURTHER DEBT Wife agrees thaI she shall nol contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save Husband ham)less from any and all claims or demands made againslHusband by reason of debts or obligations incurred by Wife. 24. FURTHER DEBT Husband agrees lhat he shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save Wife hamlless from any and all claims or demands made against Wife by reason of debts or obligations incurred by Husband. 25. MUTUAL RELEASE Except as otherwise provided herein and so long as this Agreement is nol modified or canceled by subsequent Agreement. the parties hereby release and discharge absolutcly and forever each other from any and all rights. claims and demands. past. present and future. including. but not limited to the tilllowing: spousal support. alimony. alimony pendente lite. division of property. claims or rights of dower and right to live in the marital home. right to act as exccutor or administrator of the other's est:lte. rights as 13 ~J I C.ll-- devisee or legatee in the Last Will and Testamenl of the other, any claim or right as beneficiary in any life insurance policy of the other and an)' claim or righl in the distributive share or intestate share of the other parties' estate, 26. TAX ON PROPERTY DIVISION. The parties hereby agree and express their intenlthat any transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Acl of 1984 or other similar tax acts {hercinal1er the "Act"}, specifically, the provisions of the said Act pertaining to transfers of property between spouses or fonner spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Intemal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, withoUl recognition of gain on such transfers and subjeclto the carry-over basis provision of said Act. As to transfers to which the Acl may not or does not apply, Husband shall be solely responsible for any an') all taxes that may be assessed or become due from Husband, and Wife shall be solely responsible for any and all taxes that may be assessed or become due from Wife as a result of or arising from this Agreement. 27. TAX RETURNS Except for the tax year of 1997. the parties have heretofore filed joint tax retums, including federal. state and local retums. Both parties agree that in the event any deficiency in federal. state or local income tax is proposed. or any assessment of any such lax is made against either party. each agrees to indemnity and hold hamllcss the other from and against any loss or liability IlJr any such tax deficiency or assessment therewith. Such tax. interest. penally or expense shall be paid solely and entirely by the individual 14 "'~" who is finally detennined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid tax returns. It is specifically agreed and acknowledged that any tax liability, including penalties, interest, costs or other expenses rcluting to Husband's business, referred to as the Business in paragraph 16 of this Agreement, shall be the sole responsibility of Husband and Husband agrees to indemnify, pro tee 1 and save Wife hannless from said taxes, penalties, interest, costs or other expenses. The parties filed separate tux returns for tax yeur 1997. Each party agrees to be liable for all taxes, penalties, interest, costs and expenses associated with their individual ta" liabilities for the tax year 1997 and future years. 28. FINAL EOUITABLE DISTRIBUTION OF PROPERTY The parties agree thut the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced, if not already pending, both parties relinquish the right to divide said property in any manner not consistent with the tenns set forth herein. It is further the intent, understanding and agreement of the parties lhat this Agreement is a full, final. complete and equitable property division. 29. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties. and there arc no covenants. conditions. representations or agreements. oral or wrillen. of any nature whatsoe\'er. other than those contained herein. 30. l.EGALL Y B1NDli':G 15 .DJ II It is thc intcnt of thc panics hcrcto to bc legally bound hercby and this Agrecment shall bind the panics hercto and their rcspective hcirs. exccutors. administrators and assigns. 31. FULL DISCLOSURE Each pany assens that she or he has made a full and complcte disclosurc of allthc rcal, pcrsonal and all othcr propeny or asscts of whatsoever nalurc and whcrcsoever locatcd bclonging in any way to cach of them. of all debts and cncumbranccs incurred in any manner whatsocvcr by cach of thcm. of all sourccs and amounts of incomc rcceivcd or rcceivablc by cach of them. and of every other facl rclaling in any way to thc subject mallcr of this Agreement. Thcse disclosures are pan of the considcration made by each pany for entering into this Agreement. 32. SOCIAL SECURITY NUMBERS Husband hcrcby acknowlcdgcs and warrants that his Social Security numbcr is ) 61-38-7517. Wifc hcrcby acknowlcdges and warrants that hcr Soeial Sccurity numbcr is 209-50-7552. 33. BREACH AND COSTS TO ENFORCE In thc cventthat either pany defaults in thc perfonnance of any duties or obligations rcquircd by the tcrnlS of this Agrccment and eithcr extra-judicial or judicial proceedings arc commenced to enforce such duty or obligation. then the pany found to be in default shall be liable for all expenses of curing lhe default. including. but not limited to reasonable attorneys' Ices. coun costs and cxpenses. 16 .oJf E. Wife enters into this Agreemenl voluntarily aner receiving the advice of independenl counsel and Husband enters into this Agreement voluntarily aner electing not to retain counsel although being infonned of Husband's right to retain counsel and receive counsel's advise; and F. Fully and complele1y understands each provision of this Agreement, both as to the subject mailer and legal effect. 36. AMENDMENT OR MODIFICATION This Agreement may only be amended or modified by a wrinen instmmenl signed by both parties. 37. SEVERABILITY If any tenn. condition, elause or provision of this Agreement shall be detennined or declared to be void or invalid in law or otherwise, then only thattenn, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise. the failure of any party 10 meet his or her obligations or duties under this Agreement or any one or more of the paragraphs of this Agreement, with the exception of the satisfaction of any conditions precedent. shall in no way void or alter the remaining obligations or duties of lhe parties. 38. LA W APPLICABLE This Agreement shall be govcmed. construed and enforced under the statutes and case law of the Conul1onwealth of Pennsylvania. 39. IIEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the paragraphs and subparugraphs herein arc 18 >- ,... >- cr. lt~ 1- , , (-~: ,"- r'i.. .:.'..- . ' " .}') It.'.~,~ <. /-. ...J;:~ i': ' " - 1-'.':. (~i; , . '\c.. ..,:,- : !;l ( c', ~...J~..-" .. " c_ '}'E u...... L.. :'" . i . - . l. ~ ....4. .' to.. .:j",:. .:> .' (" U ~, .' -. . ". " fr. \.Cl ..... v: [-- ~~ '/ t... .. ~3.-'!" UJ9. en ( ):....~;. ~1:i ~? (')::.... .l-:J' .'- ~)P: cr.) ';);~ @" Jli N 1-' " ~~ ["~~~; 0_ Ji'ij f~ u. :;'~tl.. c/o 1>- C:J ::; 0 to..... U -I d -j , "";i- n en - () "j- .' Cl... In '- g lll' C';, 0 .9 Cj. - f" -' If) lil ~ . . S': '.. :p " J III +1 fi') '...., .. Q: J ~ I ..) _..j .J k: ..---. J,.; 8t I':. ..: :~ :':'1.. ", r- . ~ U C1 ~3 . .. , II. HM"'U"AOftUI..nltll...nilO .0000mIO' "'"lYNOLI.'f'MIU".1l..!I'''''iIO~I'''lYtlJlIJ't'J'1''' , . cJ '" :i 8 3 oll e i ECQ o . ~ ~ ll: :: u en ~ ~o- ~~~: _1"0- D -co ~ ~.... s ~UlU) V) s-- !!;~ N~_- I en .' CINDY L. HATTER, IN THE COURT OF COHMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . C:t.~~l -CU"- VB. . NO. Q7..) 3.Jo . . CIVIL ACTION - LAW . DANIEL L. HATTER, . . Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(0) OR 33011dl OF THE DIVORCE CODE AND NOW COMES the above-named Plaintiff, by Gary L. Rothschild, Esquire and the law firm of SERRATELLI, SCHIFFMAN, BROWN' CALHOON, P.C., and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: COUNT I 1. Plaintiff is Cindy L. Hatter, who currently resides at 3101 Columbia Avenue, Camp Hill, Cumberland County, Pennsylvania 17011, since 1994. 2. Defendant is Daniel L. Hatter, who currently resides at 3101 Columbia Avenue, Camp Hill, Cumberland County, Pennsylvania 17011, since 1994. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 27, 1987, in Perry County, Pennsylvania. 5. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Defendant is not a member of the Armed Services of the united states or any of its allies. 9. The Plaintiff and Defendant are both citizens of the United states. 10. Plaintiff avers that there are no children of the parties under the age of 18. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. COUNT II 11. Paragraphs one (1) through ten (10) are incorporated by reference herein. 12. Plaintiff states that the Plaintiff and Defendant possess various items of both real and personal marital property which is subject to equitable distribution by the Court. WHEREFORE, Plaintiff requests that this Court: