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HomeMy WebLinkAbout07-1147SHANNON WITMER, Plaintiff VS. THEODORE WITMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- /1 q 7 CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation or your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 r SHANNON WITMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007- q7 CIVIL ACTION - LAW THEODORE WITMER, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE AND NOW comes Shannon Witmer, plaintiff herein, by and through her attorney, Jacqueline M. Verney, Esquire, and represents the following: 1. Plaintiff is Shannon Witmer, an adult individual, currently residing at 2180 Cedar Lane, Enola, Cumberland County, Pennsylvania 17025 since February 17, 2007. 2. Defendant is Theodore Witmer, an adult individual, currently residing 617 Colonial View Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 since October, 2005. 3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on April 24, 2004, in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. 7. This marriage is irretrievably broken. WHEREFORE, Plaintiff prays Your Honorable Court enter a decree in divorce. Respectfully submitted, acq line A Verney, Esquire 0 Supreme Ct. ID. 23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing divorce complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date dd&"a' 'I Shannon Witmer, Plaintiff ?° Pt7 T? a !\j i7 C," SHANNON WITMER, Plaintiff VS. THEODORE WITMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-1147 CIVIL ACTION - LAW IN DIVORCE MARITAL PROPERTY AND SETTLEMENT AGREEMENT This Agreement, made and entered into this 2,4-j day of 2007, between Shannon Witmer, hereinafter referred to as "Wife," and Theodore Witmer, hereinafter referred to as "Husband." WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on April 24, 2004 in Mechanicsburg, Pennsylvania; and, WHEREAS, a Complaint in Divorce was filed in the Cumberland County Court of Common Pleas at No. 2007- 1147 on March 2, 2007; and, WHEREAS, certain differences have arisen by and between the parties as a result of which they have now separated and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligation 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; and, WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; and, WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to counsel fees, or expenses and other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually 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 of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligation, and each party acknowledges and accepts that this 2 Agreement is, and under 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 his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or 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. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 3. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3 4. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 4 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court pursuant to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of fmancial assistance whatsoever from the other, except as otherwise expressly provided for herein. 5. Division of Personal Property. Except as set forth hereinafter, the parties agree that they have divided their personal property including all household items, accounts, mutual funds and automobiles to their mutual satisfaction. Each party agrees to execute whatever document is necessary to accomplish the intent of this paragraph. Household items. The parties have satisfactorily divided all personal property. Motor Vehicles. Husband shall hereinafter retain all right, title and interest in the 1991 Subaru and 1978 Chevrolet truck, along with any debt that has been incurred or will be incurred in relation thereto. Dog. The dog being a gift to Shannon, Shannon shall have all future rights to possession of the dog. Upon the signing of this agreement, each party shall have the freedom of disposition as to their separate property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband 5 nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 6. Real Property. The parties acknowledge that Wife is the owner of real estate located at 617 Colonial View Road, Mechanicsburg, Cumberland County, Pennsylvania. Husband hereby agrees, along with Wife, to list said property as soon as possible with a realtor of Wife's choice at a selling price as determined by Wife. Husband further agrees that he shall upon request, execute either a Quit Claim Deed to Wife and/or the Deed transferring said property to the buyers of the property. If there are any net proceeds from the sale of the real property, Wife shall be reimbursed for the mortgage payments she makes until the property is sold. If there are additional net proceeds from the sale of the real property, marital debt, as listed hereinafter, shall be paid down therefrom. In exchange for Husband transferring his marital interest in the real estate, Wife agrees to be responsible for all debt to her parents as listed in paragraph 7. 7. Debts. Husband and Wife acknowledge that they have the following marital debt: A. To Wife's parents: 1. $3,300.00 for taxes 2. $1,000.00 for incidental bills 3. $300.00 hot water heater 4. $400.00 closing costs for purchase of 617 Colonial View Road. 5. $100.00 veterinarian bills for dog 6. $23,000.00 for purchase of Shannon's 2006 Ford Explorer In exchange for Husband's transferring any marital interest he may have to the real estate listed in paragraph 6, Wife agrees to be responsible for all marital debt to her parents. 6 Husband and Wife shall be responsible for all other individual debt, including their individual credit card debt.. 8. Future Debts. The parties further agree that neither will incur any more future debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will indemnify and hold the other harmless from any and all liability thereof. 9. Spousal Support, Alimony and Alimony Pendente Lite. The parties hereby waive any right either may have to receive Spousal Support, Alimony or Alimony Pendente Lite. 10. Pensions/Retirement. Husband hereby waives any right, title or interest in any retirement, pension, IRA, or 401K that Wife has or may have an interest in. Wife hereby waives any right, title or interest in any retirement, pension, IRA, or 401 K, including any military pension that Husband has or may have an interest in. 11. Counsel fees. The parties shall be responsible for their respective counsel fees. 12. Income Taxes. For the tax year 2006, the parties shall determine the most advantageous way to file their income tax returns and be entitled to their respective refunds. 13. Divorce. The parties acknowledge their intention and agreement to proceed in an action in divorce to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in any divorce action. The parties agree to execute any and all documents necessary for the entry of a final divorce decree. 14. Breach. In the event that either party breaches any provision of this Marital Property and Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce 7 the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other parry shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 15. Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 16. Applicable Law and Execution. The parties hereto agree that this marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 17. The Entire Agreement. The parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 18. Incorporation and Judgment for Divorce. In the event that either Husband or Wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this agreement and all of its provisions shall be incorporated into any such judgment for divorce, either directly or by reference. The Court, on entry of judgment for divorce, shall retain the right to enforce the provisions and terms of this marital settlement agreement. 19. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and 8 purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: SHANNON WITMER THEODORE WI MER 9 ul cc SHANNON WITMER, Plaintiff VS. THEODORE WITMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-1147 CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce in the above captioned matter pursuant to Pennsylvania Rule of Civil Procedure, Rule 1930.4(d). I certify that I am authorized to accept service on behalf of the defendant. Date: Y Defendant or Authorize gent Mailing Address C? ? -st --? ? ,.,- , ? --t _ 1 ?;;, _? ?' r,7 C+ ss {,' , `:??? ,}l , ? ? v SHANNON WITMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. 2007-1147 CIVIL ACTION - LAW THEODORE WITMER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 2, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of 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. section 4904, relating to unsworn falsification to authorities. Date: o Shannon Witmer, Plaintiff a Q "s1 f 3 p • Cr3 SHANNON WITMER, Plaintiff V. THEODORE WITMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-1147 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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. section 4904 relating to unsworn falsification to authorities. Date: LPL Shannon Witmer, Plaintiff ? r`3 a i -1 SHANNON WITMER, Plaintiff V. THEODORE WITMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-1147 CIVIL ACTION - LAW : IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME Notice is hereby given that the Plaintiff in the above matter hereby intends to resume and hereafter use the previous name of Shannon Kearns and gives this written notice avowing her intention in accordance with applicable law. Z44akd-na Shannon Witmer To be known as: jAdf Shannon Kearns COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss , 2007, before me, a notary public, personally On the 0 day oJkt appeared Shannon Kearns (fo l y own as Shannon Witmer), known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto s t and and seal. NbTAWL EK Notary Public iI,AU3K F. GSELL, NoWy PAk OM& em, cw6w f C9* Com?aion t)ddbee 1?'19 y v? -1Z :m; U'3 "Olos 1,40 , 42 Q -n i ,\ `uy "'L SHANNON WITMER N/K/A/ SHANNON KEARNS, Plaintiff V. THEODORE WITMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007-1147 CIVIL TERM : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. The parties to this action separated on February 17, 2007 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. section 4904 relating to unsworn falsification to authorities. DATE: - C/? SHANNON (WITMER) KEARNS, Plaintiff "? ? ? c? : ? ? ? ,'; ` ? w N ? - ?- .,.? '' ` - : .? ?" - ? ? , w, , ?. ? , .? 4? r- c?,=} SHANNON WITMER N/K/A SHANNON KEARNS, Plaintiff V. THEODORE WITMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007-1147 CIVIL TERM : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF & 3301 (d) DIVORCE DECREE TO: Theodore Witmer, Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301 (d) affidavit. Therefore, on or after March 10, 2009, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 32 S. Bedford Street !- Carlisle, PA 17013 (717) 249-3166 d? acq ine M. Vern ey, Esquire #23 7 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff SHANNON WITMER N/K/A SHANNON KEARNS, Plaintiff V. THEODORE WITMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007-1147 : IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. Check either (a) or (b) (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. DATE: THEODORE WITMER, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT ?. ` ? ° ?' ?? <-. rr ? ? -ri ? ? '-? s ? d i T ? ? ? '" j t ??„ -°i , ?i ? LL ? ^? r SHANNON WITMER, n/k/a SHANNON KEARNS, Plaintiff V. THEODORE WITMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA NO. 2007-1147 CIVIL ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c), 3301 (d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Acceptance of Service, dated April 2, 2007. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by sec. 3301 (c) of the Divorce Code: by plaintiff ; by defendant (b) (1) Date of execution of the affidavit required by sec. 3301 (d) of the Divorce Code: February 21, 2009; (2) Date of filing and service of the plaintiff's affidavit upon the defendant February 26, 2009. 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: February 19, 2009, certified mail, return receipt requested to last known address. (b) Date plaintiff's Waiver of Notice in sec. 3301 (c) Divorce was filed with the Prothonotary: Date defendant's Waiver of Notice in sec. 3301 (c) Divorce was filed with the Prothonotary: tto y for Plaintiff Jacqueline M. Verney, Esquire #23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 SHANNON WITMER N/K/A SHANNON KEARNS, Plaintiff V. THEODORE WITMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 2007-1147 CIVIL TERM 29 • ?v s IN DIVORCE rn' NOTICE OF INTENTION TO REQUEST ENTRY OF & 3301(d) DIVORCE DECREE TO: Theodore Witmer, Defendant z cr ?J u You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301 (d) affidavit. Therefore, on or after March 10, 2009, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 32 S. Bedford Street' Carlisle, PA 17013 (717) 249-3166 a/ q y, q 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff ?v ac ine M. Verne Es uire #23 7 SHANNON WITMER N/K/A SHANNON KEARNS, Plaintiff V. THEODORE WITMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 2007-1147 IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. Check either (a) or (b) (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. DATE: THEODORE WITMER, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT SHANNON WITMER : IN THE COURT OF COMMON PLEAS OF N/K/A/ SHANNON KEARNS, : CUMBERLAND COUNTY, PENNSYLVANI A Plaintiff V. : CIVIL ACTION - LAW 0 : NO. 2007-1147 CIVIL TERM n _ . r1 THEODORE WITMER, IN DIVORCE ; c Defendant - a k _ NOTICE - - -'' ' c..? If you wish to deny any of the statements set forth in this Affidavit, you must file a c counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. The parties to this action separated on February 17, 2007 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. section 4904 relating to unsworn falsification to authorities. DATE: - /- 5 SHANNON (WITMER) KEARNS, Plaintiff • Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the hack of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Received by PNnt C *w*M B. Date of Def C. r x Agent 0. Is delivery address dMfsrord from item 17 0 Yee If YES, enter delivery address below: 0 No s. IdSo- T Joe w, W* Mali 0 gees Mail cw ? Registered ? Return Receipt for Merchandise A N a, P ??ss 0 insured Mai, o C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yee 2. Article Number 7003 161G '0[301 1198 2868 Retu Ps Form 3811, March 2001 Domestic rn Receipt 1025e"1•M-1424 C.% l SHANNON WITMER, n/k/a SHANNON KEARNS . V. THEODORE WITMER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-1147 CIVIL ACTION-LAW DIVORCE DECREE AND NOW, M PIA C. K 1'1 , 1-001 , it is ordered and decreed that SHANNON WITMER, n/k/a SHANNON KEARNS plaintiff, and THEODORE WITMER , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The parties' Marital Property and Settlement Agreement dated April 2, 2007 is incorporated herein and the Court has jurisdiction over no other claims. By the Court, Attest: J. 1"'onotary ?,???? .2 ?''-?'? a''? bra - ?= ?' ? ?,.