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HomeMy WebLinkAbout98-00082 . . :,:<<"-,:Co' .:.:-..:<<....:.>:'.:~. '.:.:....:c....:c-".:c-...--.:.:. .:+:. .:+:. .:+:. .:.:. .:.:.'.:.:.' .:+:. .:.:..:-::.:.:-:;.:.....<:.:.}::.:<<.:;.:+X~.:.:.>:.:..~.:c-~;.:.x~"!,- ~ -- ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS ~ ~ * ~ OF CUMBERLAND COUNTY ~ ~ ~~ ~ ~ STATE OF j'~~~ PENNA. ~ . ,"."~~,'''r. ~ ~ ~ i ~ ~.~ ~~ ~ ..,.;:?~~.0 .,~T.\~:::~::rT'~Y.. II ~-:l N (). ,5.~,:e?'" .........,..,.... 1<) ~ ......,...,.,.....,...PJ..,O,\~T\'9"=".. .... ................. II ~ VCl'StlS il II ~ .............J..~.,.F."...p...>'t'..~>'.. ,. .. ' ... ,......... II ~ ......... .,P,,=-~?E~. ,-i W ? W. :'~ .', ~ w '.' :; 8 ;.; l ~ ~ ~ $ ~ ~.~ ~ ~ ~ r-: .', ~ ~ ~ ~ ~ ~Y..'eT.h)0tu~..:) oei ........ ,~ Alles /..~. d r:;-: ~. -N.J J. !!l ""~ ^ 'Jf; r4e>7?lIn,;:{'::;I ~ ~ ~.;?/Iut. K ~.(0'...~~, I'" ...... $ 2 V CA'rot lonotnry . ~ ~ ~ y --~~.... ~----.... -,.~ ~~"--' ~~.-..-..- -..-...-... ,.--..._~--_.-,,---~..-~-~,-~ ~ . >>> oz.. 0:.:- .:.:. .:+:. .:.:. -:.:. .:.:. .:+:. .:.:. .:+:- .:+;. .:.:. .:.:- .:+;. .:.:- .:+:. .:+;. .:+:. .:+:. .:+:. .:+:. .:+:. ':0&:' .:+:. .:+:- .:.:. .:+:. .:+:. .~+:.. DECREE IN DIVORCE AND NOW, ... .J.lI ~1' :~.O.. .... . .. ... ., 19 ~1'.... it is ordered and decreed that.. .?~.'":".r::;'.~.y.'. .~I~.-:-:r>.'l::-:~':Y........ plaintiff, and. .... .. ......!. '-~ 7". .. D. J?-;>~~1.. .... .. ... ....... ... 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; ... ...... ...... ...... .... ...... ...... ................ ...., ~.; ~ ~ ~ ,~ ~ ~ ~? ~ '.' r~ a :': ,', ~ ,'. ~ ~ " ~ w t': ,'. ~ " w ~': ~ ~.~ .' ~ ~ *- ... s ~ ~ ~ s ~ '.' .'. ~ ~'.3'??, d:v(. c'~ /H~.4- -z, ;lJff ",. J . f'f 71% /H"~"~ ~ dfI' .. " v , It . N.c. q'6~~ , ',', AGREEMENT BETWEEN SANDRA J. MARTIN-DUTTRY AND LEO F. DUTTRY, JR. 'f, ~, . . AGREEMENT This AGREEMENT made this ~ day of Av,1 /118 ~I I \ , l 1 ,~ 199B, by and between Sandra J. Martln-Duttry, of 112 W. Main Street, Apartment 3, Mechanlcsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"), and Leo F. DUTTRY, JR., of 213 Center Street, Enola, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"). , WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on February 23, 19B4; and WHEREAS, there was one (1) child born of this marriage, to wit: J Elizabeth Ann Duttry, born November 17, 19B7; and ~ , I WHEREAS, diverse, unhappy differences, disputes and difficulties have j arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, 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: the I I I I~ ownership and equitable distribution of marital property; the past, present, and future support, alimony, alimony pendente lite, and/or maintenance of Wife by Husband or Husband by Wife; and in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, In consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which Is hereby acknowledged by each of the parties hereto, Wife and Husband, each Intending to be legally bound hereby, covenant and agree as follows: I. . AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds If such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement Is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the provisions of Section 3301 (c) of the Divorce Code of 1980, as amended. j II. EFFECT OF THE DIVORCE DECREE The parties 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 parties. i: III. AGREEMENT TO BE INCORPORA TED IN DIVORCE DECREE , The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. The Court \ '.... ~~ ..~- ~; of Common Pleas which may enter such Divorce Decree shall retain continuing it . Jurisdiction over the parties and the subject matter of the Agreement for the purpose of enforcement of any of the provisions thereof. IV. DA TE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it Is executed by the parties If they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. V. DISTRIBUTION DA TE The transfer of property, funds and/or documents provided for herein shall take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments provided for In this Agreement shall take effect as set forth herein. VI, TERMINATION OF AGREEMENT ABSENT DIVORCE Notwithstanding any of the provisions of this Agreement, if a final Decree in Divorce shall not have been entered with respect to the parties within six months from the date of execution of this Agreement, this Agreement shall automatically become null and void and the covenants and undertakings contained herein shall not be binding upon the parties. In such event, any property, funds, and/or documents shall be returned by the parties themselves or any escrowees named herein to their original sources, the intent of the parties being to restore themselves to their respective position Immediately prior to the date of execution of this Agreement. VII. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect are understood fully by both parties hereto. The parties acknowledge that each has had ample opportunity to receive Independent legal advice from counsel of their selection throughout these proceedings and that they have been fully Informed as to their legal rights and obligations, Including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party believes the terms, conditions and provisions outlined herein to be fair, just, adequate and reasonable under the existing circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress. undue influence, collusion or improper illegal Agreement or Agreements. VIII. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference, or authority, direct or Indirect. by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupations, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. IX. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present, or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, Its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements, and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtsey, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are Intended to defeat the right of either party to receive any Insurance proceeds at the death of the other of which she or he Is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy. bequest, or residuary portion of the other's estate under his or her Will, or to act as personal representative or executor if so named by the Will of the other, whether such Will was executed prior or subsequent to this Agreement. (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained In this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights, or demands whatsoever, In law or In equity, which either party ever had or now has against the other. X. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's Income, assets, liabilities, holdings and estate. XI. WAIVER OR MODIFICA TION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless In writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. XII, LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. XIII. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall Inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and assigns. XIV. INTEGRA TION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. XV, OTHER DOCUMENTA TION Wife and Husband covenant and agree that they will forthwith (and within at most ten [10] days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. XVI. NO WAIVER OF DEFAUL T This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of :1 , \ any provision hereof be construed as a waiver of strict performance of any other obligations herein. XVII. SEVERABILITY AND INDEPENDENT AND SEPARA TE COVENANTS The parties agree that each separate obligation contained In this Agreement shall be deemed to be a separate and Independent covenant and agreement. If any term, condition. clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this 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 to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. XVIII. HEADINGS NOT A PART OF THIS AGREEMENT Any headings preceding the text of the several paragraphs and sUbparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. XIX. WAIVER OF SPOUSAL SUPPORT, ALIMONY AND ALIMONY PENDENTE LITE Husband and Wife do hereby waive, release, and give up any rights arising from the continuing existence of the marital relationship which either may have against the other for spousal support, alimony pendente lite, alimony or other maintenance of any kind. It shall be, from the execution date of this Agreement, the sole responsibility of each of the XX. HEALTH INSURANCE AND MEDICAL EXPENSES respective parties to sustain himself or herself without seeking any support from the other party. Husband and Wife hereby agree to be responsible for any routine, non-covered medical expenses that each may incur respectively. With regard to health Insurance, Husband and Wife hereby agree to be responsible for the costs associated with their Insurances respectively. Husband and Wife hereby waive and release the other party from providing any for of medical or health insurance for the other from this day forward. XXI. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property, including but without limitation, jewelry, clothes, furniture, furnishings. rugs, carpets, household equipment, appliances, pictures, books, works of art. automobiles, and other personal property. Wife agrees that all of the property In the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property In the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release. renounce and forever abandon any claims which either may have with respect to the above items. XXII. RETIREMENT BENEFITS AND BUSINESS INTERESTS Wife and Husband to hereby acknowledge any marital interests In any businesses of the other party and hereby waive all right, title, and interest in and to the same. Husband and Wife hereby acknowledge their marital interest in each other's retirement and insurance policies and hereby waive all of their right, title and interest in and to the same. It is the intent of either party to release any and all claims whatsoever that each may have in any assets or interest which may inure to the benefit of the other in the future. XXIII, MOTOR VEHICLES The parties hereby agree that each shall retain the motor vehicle currently in their possession and shall assume the responsibility for any liens or encumbrances thereon. Each party hereby releases the other from any responsibility for such liens, and each party hereby agrees to waive any right, title and interest in and to such vehicles. XXIV. BANK ACCOUNTS The parties hereby agree that all of the funds contained In the parties' joint accounts have been divided. Husband and Wife hereby agree that each will retain any accounts solely In their name and hereby waive and release any right, title, and Interest In and to each other's accounts. XXV. MARITAL REAL ESTATE The parties own no real estate jointly and, therefore, have no need to divide the same. XXVI. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy. independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible. which are or were acquired by him or her after the date of the parties' separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. XXVII, EXISTING AND FUTURE PERSONAL OBLlGA TIONS The parties hereby acknowledge a debt to Plaintiffs parents as follows: Joint loan to both parties on 7/1/92 to cover debt: Loan to Defendant on 8/7/93 to cover car insurance: Loan to Defendant on 11/7/93 to cover car insurance: TOTAL DEBT to Plaintiffs parents $5,103.00 $272.00 $272.00 $5,647.00 To date, there have been two payments made by Defendant on account on 7/24/92 and 1/16/93 In the amount of $249.96, for a total payment of $499.92. Defendant's portion of the debt subtotals $3,095.50 ($544.00 for car Insurance and $2,551.50 for Defendant's half of the joint debt). After applying the $499.92 credit, Defendant has a remaining balance on account of $2,595.58. Defendant's portion of this debt shall be considered satisfied in full by Plaintiffs parents upon their receipt of $2,500 and shall hereby waive the $95.58 balance. Defendant shall contact Plaintiffs parents within thirty (30) days of signing this agreement to arrange a schedule for payment of said debt. Plaintiff has already made arrangements with her parents for satisfaction of her portion of this debt. The parties hereby agree that all other eXisting personal liabilities, debts and obligations of every description which have been incurred by either of them shall be paid in a timely fashion by the party who is assigned the responsibility for the said liability. Husband and Wife each hereby indemnify the other and guarantee to hold each other harmless for any and all payments, charges, or penalties due on account of any liability which is the sole responsibility of Husband or Wife. Further, Husband and Wife each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and Indemnify the other and the estate of the other from all debts, charges, and liabilities Incurred after the execution dale hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been Incurred heretofore by either party, Including those for necessities, except for obligations arising out of this Agreement. The parties agree that all joint credit and/or charge accounts shall be terminated Immediately, and that no charges shall be Incurred by either party against any joint account from the date of execution hereof. XXVIII, CUSTODY AND VISITATION Plaintiff shall have primary physical custody of the parties' daughter, Elizabeth Ann Dultry, born November 17,1987. Defendant shall have partial physical custody, including but not limited to the following terms: A. Every other weekend from Friday at 6:00 p.m. until Sunday at 7:30 p.m. B. Every other Thursday from 6:00 p.m. until Friday morning at 8:30 a.m., at which time Defendant will take the child to school., C. Every other holiday, holidays including: Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and New Year's Day. D. Plaintiff and Defendant shall share physical custody on Christmas Day, with the then-current custodial parent having the child until noon. At noon, the child will be delivered to the other parent for the remainder of the day. If the child Is to be returned to the other parent to finish a visitation schedule, the child shall be returned not later than 9:00 p.m. E. Every Father's Day, regardless of whether said day falls on Defendant's weekend. F. Plaintiff shall have physical custody every Mother's Day, regardless of whether said day falls on Defendant's weekend. G. Plaintiff shall have physical custody on the child's birthday, with any visitation by Defendant to be agreed upon between the parties, regardless of whether said day falls on Defendant's weekend. H. All visitation as mentioned above on behalf of Defendant is contingent upon Defendant's sobriety. Plaintiff may, at any time Defendant may be deemed "not sober," resume physical custody of the child. Both parties shall share legal custody of said child, Including all decisions regarding schooling or non-emergency medical and/or dental care. Any decisions made under emergency circumstances by one party shall be supported (both financially and emotionally, where applicable) by the other party, within reason. When possible, all decisions will be made upon conferral of both parties and shall always be made In the best Interests of the child. Should Defendant become Indisposed for any reason and unable to fulfill his physical and/or legal custodial roles for a prolonged period of time (more than one month), sole legal and physical custody of said child shall revert to Plaintiff until such time as Defendant can resume his responsibilities. Should Plaintiff or Plaintiff and Defendant concurrently become Indisposed in such a manner, sole legal and physical custody of said child shall reside with Plaintiffs parents, Wayne and Betty Martin, of Box 100, Route 23, Goodville, Lancaster County, Pennsylvania. Any further custody arrangements shall be dealt with by Plaintiffs parents (e.g., if Plaintiff has remarried, and Plaintiffs parents decide it is In the best interests of the child for her to remain in her current environment with Plaintiffs husband. such arrangements shall be made in writing and agreed to by all parties involved prior to a modification in custody). XXIX. CHILD SUPPORT Defendant shall pay to Plaintiff the sum of $200 per month for the support of the parties' one daughter. Should Defendant's salary increase, Plaintiff and Defendant shall revisit the amount of support being paid and revise said amount as agreed upon by both parties. If the parties cannot agree, Cumberland County Domestic Relations or any jurisdictional domestic relations court will settle the matter. Defendant shall also contribute no less than one.half of any child care expenses during the summer months when the parties' daughter requires child care. Plaintiff shall carry medical and/or dental Insurance for said child. However, Defendant shall be promptly responsible for one-half of any uncovered medical, dental, mental health, or orthodontia expenses. or any other health expenses Incurred on behalf of the child. Defendant shall carry $100,000 in life Insurance, naming a trust as beneficiary, to continue child support expenses should Defendant die prior to the child turning 18 or graduating from high school. Plaintiff shall be named as beneficiary of said trust, and shall receive any and all funds from said trust for use as Plaintiff deems necessary to support the child. Said funds shall always be used In the best interests of the child. Upon the child's 18th birthday or graduation from high school (whichever last occurs). Defendant may at his discretion terminate the polley or rename a beneficiary or his choice. Plaintiff and Defendant shall make equal contributions to the child's educational well-being, inclUding but not limited to the following: higher education expenses; school-related supplies and expenses; and extra-curricular activities, such as music/instrumental lessons or equipment, athletic endeavors, or any other extra-curricular activities. , , XXX. ENFORCEMENT OF SUPPORT PROVISION The parties hereby agree that all of the support provisions contained In this Agreemont (Including both direct and Indirect contributions to support and alimony, such as health care payments and the maintenance of hoalth and/or IIfo Insurance may be by an action In support In accordance with Pennsylvania Rulos of Civil Procedure 1910.1 etseq. XXXI. REMEDIES AND SANCTIONS In addition to such othor remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as thought It had been an Order of Court. XXXII. INCOME TAXES Husband and Wife hereby acknowledge responsibility for their own income taxes and agree to file the same for the tax year 1997 and forward separately and independently of one another. Husband and Wife hereby release and indemnify one another of any tax liability resulting from failure to file or failure to pay and shall be responsible for any and all consequences to hlm- or herself. Husband and Wife also agree that the parties' child, Elizabeth Ann Dullry, shall be declared as a deduction on Wife's Income tax return from the tax year 1997 and forward; and Husband will claim no deductions for the support of said child. .-.. ~.......-- XXXIII. ATTORNEYS' FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorneys' fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IT WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first above c:::::::-., -tor- ~ ~""'~\ Sandra J. Martin-Duttry written. l~!~P. ,"- ..~... .:.t_ I ~- I;.' ,. . " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ..I On this, tho 02/ dOY 01 ) ) SS ) 4,,(,(-:,.,- , 1998, belore me. a Notary Public In and lor tho Commonwealth 01 Pennsylvania, personally appeared SANDRA J, MARTIN.DUTTRY, known to me to be the person whose name Is subscribed to the wllhln Agroomont and acknowlodgod that she executed the same lor the purposes therein contalnod, IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARI MICHAEl. R. CARANOI. HUY Public c.no Hili 110I0. CiInbIrInI CcmY My Comm1aslon EIlplres J\XlIl15, 2002 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND p- On this. the :;)1 day 01 ) ) SS ) 44D'.?/~ , 1998, before me, e Notary Public In and lor the Commonwealth of Pennsylvania, personally appeared LEO F. DUTTRY, JR., known to me to be the person whose name Is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal, ~ NOTAR MICHAEL R. CARANCI, NoIsry Public Camp HIli Boro. CUmber\ancf CountY It! CommlS$1on EIlplresJune 15, 2002 " ~ ,,^, ,q " , "'.i;',,.; /-i J ~ ~ Ii ~ ~:. UJf;.; ~L,) r,."j' .l~i C.")r. 6": uJ':' --1 ~J' G~-;- F 11- o <:11 C 9 :::!../ ~ -0 Cb Q o L() ..3 ~ ~ r<) ] c:: 7': .- .:1~... (1 p..~ ~~) :~ r,.":l?"j '. - ~:'{~ ;:~:'., iCHtl 1'1D- ~.~ ::J u 21 -,- ... ...t ..' N <.." ::> .... C'l 0' ':::':J' '. '.;"""',. 'i~'" !~ ' !.!' 'f" 1"' -/' , . .'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANDRA J. MARTIN-DUTIRY, Plaintiff, No. 98-82 v. Civil Action - Divorce LEO F. DUTIRY, JR. Defendant PRAECIPE TO TRANSMIT THE RECORD To The Prothonotary: Transmit the record. together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section (x) 3301(c) () 3301(d)(1) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: Service on January 7, 1998 via acceptance of service signed by the defendant. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by plaintiff7-20-99; by defendant 7-20-99 . (b) (I) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: lSlA.; (2) date of service of the Plaintiff's affidavit upon the Defendant:~. 4. Complete the appropriate paragraph(s). (a) Related claims pending: No related claims are pending I '. , ., , (b) Claims withdmwn: None (c) Claims settled by agreemcnt of the parties: All claims settled by agreement oftbe parties. (d) State whether any agreement is to be incorpomted into the Decree. No. If so, attach a true and correct copy of the fully executed agreement: (e) Has a request for counseling been made by either party? : No. If so, has the counseling been completed?: 5. I certifY that the notice required by Rule 1920.42(e) was mailed on: Waived by Plaintiff & Defendant on 7-20-99 as part of Mutual Consent Affidavit and a copy thereof is attached. ~I...- -0 . M.-.., Sandra J. Martin Duttry, Pro Se 112 West Main Street Mechanicsburg, P A 17055 (717) 697-2859 \,.~~ 11.l 'Ole ; ~:','. . ,~ ,.::.' ~ .:J \- .. ::>< uJc;?, - Cl~.. -r O~ (~)c5 0: - ~:T~ ';}2 de: \.0 ';~"(n ~G. N ..~1~ " tb~,j .i.l..... .....l _('"~ !~lO- u:;.... ~ \.. '"-',; -' ~- ~ CJ'\ :::::> ,i a- (J . '('- . ., . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW PLAINTIFF, ) ) ) ) ) ) ) ) ) No. qf'~R;;J., (1'-';1 < kfJ.Yl SANDRA J. MARTIN-DUTTRY, IN DIVORCE V. LEO F. DUTTRY, JR., 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 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 or relief requested in these papers by the PlaIntiff. You may lose money or property or other rights Important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marrlags counseling. A list of the marriage counsslors is availabls in the Office of the Prothonotary at the Cumberland County Courthouse, Cumberland County, 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. Court Administrator Cumberland County Court of Common Pleas Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 [, f Telephone: (717) 697-0371 \ , , ,. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW ,(I /fftJ"\ SANDRA J. MARTIN-DUTTRY, ) No. ) PLAINTIFF, ) IN DIVORCE ) V. ) ) LEO F. DUTTRY, JR., ) ) DEFENDANT. ) COMPLAINT IN DIVORCE TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. The Plaintiff In the above-captioned action is Sandra Jane Martin-Duttry, and ths Defendant is Leo Frederick Duttry, Jr, 2. The Plaintiff is a United States citizen and resides at 112 West Main Street, Apartment 3. Mechanicsburg, Cumberland County, Pennsylvania 17055. \ j 3. The Defendant is a United States citizen and resides at 213 Center Street, Enola, Cumberland County, Pennsylvania 17025. 4. Plaintiff has continuously been a bona fide resident of the Commonwealth of Pennsylvania for more than six (6) months immediately previous to the filing of the Complaint herein. 5. Plaintiff and Defendant were married on February 23, 1984. by District Justice Fuller in Lower Allen Township, Pennsylvania; and were separated on March 1, 1992. 6. There have been no prior actions of divorce or for annulment of marriage between the parties hereto in this or any other jurisdiction. 7. Plaintiff avers that this action is not collusive. WHEREFORE, Plaintiff prays that your Honorable Court enter a Decree divorcing Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant. . .. . SECOND COUNT ) I I I. I ~ 8. All allegations and averments of Paragraphs one (1) through seven (7) of the First Count ere Incorporated herein by reference thereto as If fully set forth and made a part of lhls Second Count. 9. The marital relationship of the parties herein Is Irretrievably broken with no prospect of reconciliation. WHEREFORE, Plaintiff prays that your Honorable Court enter a Decree divorcing Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant. " THIRD COUNT 10. All allegations and averments of Paragraphs one (1) through nine (9) of the First and Second Counts are incorporated herein by reference thereto as If fully set forth and made a part of this Third Count. 11. The parties hereto have one (1) child born of them, to wit: Elizabeth Ann Duttry, born November 17, 1987, at Harrisburg Hospital, Harrisburg, Dauphin County, Pennsylvania. 12. The said child resides with Plaintiff at 112 West Main Street, Apartment 3. Mechanicsburg, Cumberland County, Pennsylvania, and has resided at that address since November 17.1987. WHEREFORE, Plaintiff prays that your Honorable Court enter an Order granting primary physical custody to Plaintiff, reasonable visitation to Defendant and shared legal custody of the parties' child. _ L~k-~-~~ <:...sa ~. Martin.Duttry. Plaintiff 112 W. Main Street, Apartment 3 Mechanicsburg, PA 17055 Telephone No: (717) 697-2859 i i ,I I . " I I . >I . VERIFICA TION I verify that the facts contained In the foragolng Complaint are true and correct to the best of my knowledge, Information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904. relating to unsworn falsification to authorities. Date , /., /"'\ ~ , <C. A ~4~~~ san~ Martln.Duttry ; ; . , . . ., . . ~ . COMMONWEALTH OF PENNSYLVANIA I 155. COUNTY OF CUMBERLAND ) I. Sandra J. Martln,Outtry. being duly sworn according to law. depose and say that tha facts set forth In the foragolng Complaint In Divorce ere true and correct to the best of my knowledge. information and ballef. ~_i.-~ ~~~ San '. Martin-Duttry Sworn to and su~rlbed before me this '/ IJ' day /tift ( of~nu4rld . ~. I 1PAiUJ':j k ~ Notary Public Nola...., SNl o.n. S. I<cc:ol1. Not.,.,. I'lAllIc !IIII "".,lIloooTwp. c.,"llotIInd c."" My CIlmm*'" .':>1'0' l4ay ;"I, 1 ~~ 'l~'" ,-...~..;.-;:.-.:;.:\;:;;;::::;~ (<(, \J . .. . . .. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANDRA J. MARTIN-DUITRY, Plaintiff, No. 98.82 v. Civil Aetion - Divorce LEO F. DUITRY. JR. Defendant ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce, Notice to Defend and Notice of A vallability of Counseling in the above-captioned matter. I aeknowledge that I am the Defendant in said matter or that I am authorized to accept on behalf of the Defendant. JanuaQl 7 1998 Date -v:-,2 Defendant or Authorized Agent 0)/.3 CG'f/7?::7e. Sr: (gA),Pt..,4 J p/1 1'702.S' Mailing Address ;f}: ! 'U' .~,-. --'""-" .~ ""./'''"~,..:,,:.},.i)~' i) ..... (") E ~ ..:1' 1- .. .0<. UJQ - ::J~ &26 ::t: 8~ .'1"" .~ '.J~ ". ~ 0- (-'i;:: sl? I _~. al.J~ tD :.~~, (J') wu.. c" ...1:7':: o:llJ _I ffira i! T ~ r.: -, , [lJo... Ii. ..?: CJ\ ::.::> 0 CTt U -. , , . - ... , . ., . . .. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTV, PENNSVL VANIA SANDRA J. MARTIN.DUITRY Plaintiff, No. 98-82 v. Civil Action - Divorce LEO F. DUITRY, JR. Defendant PI.AINTIFF'S AND DEFENDANT'S AFFIDA VIT OF CONSENT. W AIYER OF NOTICE AND AFFIDA YIT OF NON- MILITARY SERVICE I. A Complaint in Divorce Under Section 3301(c) of the divorce code was filed in the above-captioned action on January 7, 1998. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and at least ninety days have elapsed from the date of service of the complaint. 3. We consenl to the entry of the final decree of divorce by the Court of Conunon Pleas of the 9th Judicial District of Pennsylvania. Cumberland County. 4. We understand we may lose our rights concerning alimony, division of property, lawyer's fees or expenses if we do not claim them before a divorce is granted. 5. We have been advised of the availability of marriage counseling and understand that we may request that the Court require us to participate in counseling. 6. We understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which is available to us upon request. 7. Being so advised, we do not request that we participate in counseling prior to a divorce decree being handed down by the Court. 9. We understand that we will not be divorced until the Court enters a divorce decree and that a copy will be senl to us immediately after it is filed with the Prothonotary. 10. Each of us consents to entry of a final decree of divorce without notice. '.... .,; >- C"> ~ ~ ..:: 7- ,.- ::>~ 1,.u8 o=., ~)". :r:: C) :1e _.~() I!-"f a.. 0;;0; c)J-' ,.,<-, ~o \.0 :~'f;; C''l L'~ LLiL:. C'" :..,;;~ . T~ f.E\ -, ' J"'- l'lU => :Z~n.. '" -, f.t~ m ~ 0 en C.J . - -" 'tI . .." .