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HomeMy WebLinkAbout03-1008 vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW MITCHELL D. MOTTER, Plaintiff JENNY L. MOTTER, Defendant : NO.o.3 ~ / &-0 ? : IN DIVORCE CIVIL 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 marriage counseling. A list of marriage counselors is available in the Office ofthe Prothonotary atthe Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 II MITCHELL D. MOTTER, Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW JENNY L. MOTTER, Defendant : NO. 03 - JOD % CIVIL : IN DIVORCE COMPLAINT UNDER SECTIONS 3301(c) AND 3301 (a) OF THE DIVORCE CODE 1. Plaintiff is Mitchell D. Motter, an adult individual who currently resides at 7548 Wertzville Road, Middlesex, Cumberland County, Pennsylvania. 2. Defendant is Jenny L. Motter, an adult individual who currently resides at 7548 Wertzville Road, Middlesex, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 23, 1983 in Cumberland County, Pennsylvania. parties. 5. There have been no prior actions of divorce or for annulment between the 6. The marriage is irretrievably broken. In the alternative, the Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render the Plaintiff's condition intolerable and his life burdensome. 7. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~~~ Robert L. O'Brien, Esquire Attorney for Plaintiff 1.0. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 -_.._~~._. ...._"---~-..'...-1'--~--_.~..,.-.....,___,_,.". II :1 VERIFICATION I, Mitchell D. Motter, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. 9 4904, relating to unsworn falsification to authorities. Date: 3/YO 3 () ~ c: <'" -r__": ~';. rilrl ~ ~ P\ ~ ~~ ~ /1.. (l'- e ' -- -< r:: t. "- '2} ~~::, \.'0) - \.J\. "- ~ "- ~ ~ ,- ~ -- \0 \.>J {' ()' d M\kk~l\ J).M.o~' In the Court of Common Pleas of Cumberland County, Pennsylvania No. 03 - I CD () Civil. $ VS. ----:\e.\AV'i_h, 'l(v\.o~ ~ ~~O~\ ". f'LLa.SJ 1Ul~~~ ~ o.bov-'<- ~~"'e..J( ~\~C.Q " To Prothonotary ~ '-fJ, I "*' 200-:S - ~l\ ~ Attorney for Plaintiff FiLEU'-OFFiCE "'''.,'''',''', 'r""''''T'RY OF !-:'."l,.,) i f'-'!.,}.',~'~)d'~\ No. Term, 19 _ 03 "pD - I' 1'.1,1111:?1 , Mol; 1\ h~,:" . CUI'vIBr:r:lJ',i\D COUNTY PENNSYLVANIA vs. PRAECIPE Filed 19 , Atty. I I MITCHELL D. MOTTER, Defendant v. JENNY L. MOTTER, Plaintiff 'ID THE PROI'HONOI'ARY: IN THE CDURT OF CXMIDN PLE'AS OF CUMBERLAND CDUNTY, PENNSYLVANIA NO. 03-1008 CIVIL ACTION - DIVORCE PRAECIPE Please reinstate the above-captioned divorce action. O'BRIEN, BARIC & SrnERER BY~~____ Robert L. O'Brien, Esquire Attomey for Plaintiff a ~ ~.;- -OeD E]Cf; ~5i -< ~ ~CJ 4(') ~C) >t:: ~ '""" <=> <=> .z:- -T1 fT1 co Ia N ~ ~:!l i_~ 5: ~~ ~ ~ CJl SHERIFF'S RETURN - REGULAR CASE NO: 2003-01008 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOTTER MITCHELL D VS MOTTER JENNY L KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon MOTTER JENNY L the DEFENDANT , at 1725:00 HOURS, on the 3rd day of February, 2004 at 7548 WERTZVILLE ROAD CARLISLE, PA 17013 by handing to WAYNE E FRANTZ, ADULT IN CHARGE a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.83 .00 10.00 .00 32.83 '.~~~ R. Thomas Kline 02/04/2004 OBRIEN BARIC SCHERER Sworn and Subscribed to before By: ;::~Uff - me this /.1- - day of J~ ~'f A.D. (If C!~ ~ ~othonotary , v~OOS-IDre-Gvir~ MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~day of "'3"","'l , 2004, by and between Mitchell D. Motter, hereinafter called Husband, and Jenny L. Motter, hereinafter called Wife; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on April 23,1983 in Cumberland County, Pennsylvania; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they have determined to live separate and apart from each other and have consented to a mutual consent divorce; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations, including the settling of their property rights and other rights and obligations growing out of their marriage in accordance with the provisions of the Divorce Code of Pennsylvania. NOW, THEREFORE, the parties, intending to be legally bound hereby, agree as follows: 1. Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as admission on the part of either party of the lawfulness or unlawfulness of the causes leading to them living apart. Each party shall be free from interference, authority and control, direct or 1 indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 2. Division of Propertv. The parties have divided between them, the personal effects, tools, equipment, household furniture and furnishings, and other articles of personal property which have heretofore been used by them, individually or in common. A list of the items to be removed from the marital residence by the Husband is attached as exhibit "A", consisting of all his tools, clothing and personal items. All items remaining in the marital home shall be deemed the sole property of Wife. The parties' residence located at 7548 Wertzville Road, Carlisle, Pennsylvania, shall become the sole and separate property of Wife. Wife shall assume and be fully responsible for the real estate taxes, utilities, mortgage payments and other expenses for the property. The Wife shall receive her 1994 Honda Accord and Husband shall receive his 2001 Silverado and agrees to be fully responsible for the GMAC obligation associated therewith. Each party shall retain his/her pension/retirement accounts and they agree that they will each sign any documentation reasonably requested to release and extinguish any interest that they may have in the other's account(s). 2 3. Alimonv and Spousal Support. Neither party will pay alimony and/or spousal support to the other. 4. Child Support and Custody. The parties agree that Wife shall have primary custody of the parties minor child, Ashley Nicole Motter, born June 6, 1988. Husband shall exercise times of partial physical custody. Husband shall pay to Wife the sum of $320.00 per month for the support of Ashley. The parties agree that if Husband does not neglect to make these payments that he shall be entitled to make them directly, rather than through the Domestic Relations Office. The first payment shall be due upon the signing of this agreement. This support shall continue until such time as Ashley turns 18, graduates from high school or drops out of high school, whichever first occurs. 5. Debts. Except for the debts and obligations created hereunder, each party agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by him or her subsequent to the date of separation which occurred in March, 2003. If any claim, action or proceeding is hereafter brought seeking to hold the other party liable on account of such debts or obligations, each party will at his or her sole expense defend the other party against any such claim, action or proceedings, whether or not well-founded, and indemnify the other party against any loss or liability resulting therefrom. Each party agrees to pay and hold the other harmless from any and all credit cards held by each party in his/her name alone. 3 6. Equitable Property. This Agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting the matrimonial estate. Each party hereby acknowledges that this Agreement adequately provides for his or her needs and is in his or her best interest, and that the agreement is not the result of any fraud or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: A. The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. B. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have the court determine which property is marital and which in non-marital, and equitably distribute between the parties that property which the court determines to be marital. D. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to 4 possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), and counsel fees, costs and expenses. 7. Mutual Release. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted, or suffered to be done by said other party prior to and including the date hereof; further, the parties hereto have been advised by their legal representatives, respectively, of all their rights under the Pennsylvania Divorce Code, and such rights as are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 8. Release of All Claims. Each party, except as otherwise provided for in this Agreement, releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred, or may be incurred, relating to or arising from the marriage between the parties, including waiving any claim to their 5 respective pensions or retirement accounts. However, neither party is relieved or discharged from any obligations under this Agreement or under any instrument or document executed pursuant to this Agreement. 9. Breach. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and seek any other remedy allowed in law or equity. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. Waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any subsequent, similar breach or other breaches. 10. Full Disclosure. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the source and amount of the income of such party of every type whatsoever and all other facts relating to the subject matter of this Agreement. 11. Divorce. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to a true and absolute divorce on legal and truthful grounds as they now exist or may hereafter arise. It is understood, however, that Husband, as of the signing of this Agreement, has filed an action in divorce in the Court of Common Pleas of Cumberland County, in which he alleges that the marriage is irretrievably 6 broken. Both parties understand and agree that Husband shall pursue said divorce on the grounds that the marriage is irretrievably broken. 12. Representation of Parties bv Counsel. Each party has had the opportunity to have legal counsel to represent each of them in the negotiation and preparation of this Agreement and has either been so represented or has voluntarily chosen not to be represented. Each party has carefully read this Agreement and is completely aware, not only of its contents, but also of its legal effect. 13. 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 purposes of this Agreement. If either party fails on demand to comply with the provision. that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 14. Modification and Waiver. Modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 15. Descriptive Headinas. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 7 16. Successors and Assians. This Agreement, except as otherwise expressly provided herein, shall be binding upon and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assignees and successors in interest to the parties. 17. Governina Law. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 18. Order of Court. With the approval of any court of competent jurisdiction in which any divorce proceeding may now be pending or which may hereafter be instituted, this Agreement shall be incorporated in any decree of absolute divorce which may be passed by said court. In the event the court shall fail or decline to incorporate this agreement or any provisions thereof in said decree, then and in that event the parties, for themselves and their respective heirs, personal representatives and assigns, agree that they will nevertheless abide by and carry out all of the provisions thereof. It is further agreed that regardless of whether said agreement or any part thereof is incorporated in any such decree, the same shall not be merged in said decree, but said agreement and all the terms thereof shall continue to be binding upon the parties and their respective heirs, personal representatives and assigns. 8 IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS: (SEAL) /" /;/ X. . '14. ttc7'?-[ ./---.!J t./. ~ ,J":' [ 1t..1--;!,. -~- Mitchell D. Motter ( lrll5/., X 10/rJ/JIr, (SEAL) Jenny L. M er COMMONWEALTH OF Pennsylvania SS. COUNTY OF Cumberland AND NOW, this day of , 2003, before me, the undersigned officer, personally appeared Mitchell D. Motter, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF Pennsylvania SS. COUNTY OF Cumberland AND NOW, this day of , 2003, before me, the undersigned officer, personally appeared Jenny L. Motter, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. rlo.d ir/domestic/motterlsettlement.agr Notary Public (" ~J r ,-:0 , .::.-) ~ , 1 c :',) t. II MITCHELL D. MOTTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2003-1008 CIVIL TERM JENNY L. MOTTER, Defendant CIVIL ACTION-LAW 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. Ground for divorce: irretrievable breakdown under Section 3301(c) and 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: The Complaint was served by the Cumberland County Sheriff on February 3, 2004. 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 Plaintiff on March 30, 2006; and Defendant on March 30, 2006. I II I B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301 (d) of the Divorce Code: n/a (2) date of service of the Plaintiffs Affidavit upon the Defendant: n/a 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301 (d)(1 )(i) of the Divorce Code: None. Respectfully submitted, ~'D' Robert L. O'Brien, Esquire II C'\.l c"J 1_0 I u C) II MITCHELL D. MOTTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1008 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE V. JENNY L. MOTTER, Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 33011C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on March 6, 2003 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. 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. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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.SA Section 4904 relating to unsworn falsification to authorities. Date: March 30 , 2006 \._'::) C~.J "J '_8 1 r< (~J II MITCHELL D. MOTTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1008 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE V. JENNY L. MOTTER, Defendant I II DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 33011C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on March 6, 2003 2. Service of the Divorce Complaint was made by the Cumberland County Sheriff on February 3, 2004 . II II " 'I I I 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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.SA Section 4904 relating to unsworn falsification to authorities. Date: March 30 , 2006 J ~/~ (,)');nt &f;tJt--..:> J NY L/ TTER I ',:,) {'.J N ',.:) C) ~~~~~~~+~~~~~~~~~++~~+~~~+~~+++~+~+~++~+++~+~++~~+++~+++~+~~~+~~+++~+~~++~~++~ OFCUMBERLANDCOUNTY + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + rder of Court.: + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + 1 ATTEST[J~ ?~ J. 1 : /" ~ 7 PROTHONOTARY : + . ...... + + ~~~~ + ~~+++++++~+++~+++~~+++++++++++~+++~++++~++++++~++++++++++++++++++++++++++++++~ IN THE COURT OF COMMON PLEAS STATE OF PENNA. MITCHELL D. MOTTER, No. 2003 - 1008 CIVIL Plaintiff VERSUS JENNY L. MOTTER, Defendant DECREE IN AND DIVORCE NOW'~ . IT IS ORDERED AND ~i, \\. DECREED THAT MITCHELL D. MOTTER , PLAINTIFF. AND JENNY L. MOTTER , DEFENDANT. ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECCf.R Rf~ INN,T T~HIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ,~ The parties' Marital Settlement Agreement dated 2004 1, By THE c6CRT: .~ is incorporated, but not mer ed herein as , ~""'f' (i?lnw 7~7L~ "'r-rf7, // f'? {2 /!J7??YV ~/4;//-"79 ,7<7-., .; )C j"'" '1!7)"C .1/ .