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Home My WebLink About00-05470 "'~ ,- ,', '" -, ~, 0"-,." -~,,i " , , " . ,",-'- ',.,-, " ", F ,,,-., }i::.XXC~;:.,-:;~8::<:(;~>>X-:~;~3t~~:::,.::"(::i::.'():C~~;:')i::+>:~,)::.X ~;~3t!:::::~::c;.~:)>>X-l:~:::C~~::::;~:C<,~~>>>~;;::;;~::.::~~;::~~::.::~t:~;~::C~~:::~~>>::~~;;i:::<0::c:<~>.::~:ztj~.~t.-r:~::+>jt?~~~::::~::.:>~;;::$'::+>@{"''t$.:, ~ . tl! X I ~ m ~ I w y ~ IN THE COURT OF COMMON PLEAS ~ ~ I ~ OF CUMBERLAND COUNTY ~ ~ i v ~ ~ ~ ; STATE OF PENNA. :.l r,:,; i ~'":~ ~ ~ N ~ ~ ;.~, ~ h ~ ~~~ ~ ~ .-.'< ~' ~ i ~! ~ ~ iu., !i! "');' I ~ x.::'()~&"'::~>>::( '~~~:" :,.>>)::: 'i...z:::' ;..; ~ ~-.s I ~ a ~~~ >.~ ~ i ~.<! ~.S ~ ~~ ~ ~.<! i ~.~ ~~~ ~ ~~~ ~ :,,-$ ;(~ ~ ~~ ~ ~~ , ~", ~.~ ~ ~ ~ ~.~ I ~.~ ~ I9-:P;,J;,AJJV!..RW!\~~"J)~~GI<l'l'l])!,;, UmUmuu hhmmh'hhh I I I No, "h?()99.:-::?4.79. ,uuuuou,u, 19 ~Ji'!tm;tJf VerSilS 15A+'m':. .L,~" J)~~ GW\l'l])!'; ...Defendant" DECREE IN DIVORCE AND NOW, .... oM? 1.. 1.'='............, W ..2002. it is ordered and decreed that............... .~:n,J;.~q:I:I.~J;I~?J;l~+~?........, plaintiff, and. . . . . .. .. .. . . .. . .. . . . .. . . .I9':r.~ .L.~ .~e.l.~~~~ .. . . . .. . . ., defendant, are divorced from the bonds of mafrimony. The court retains jurisdiction of the following claims which have been raised of record in fhis action for which a final order has not yef been entered; Nql'\~'......... . Prothonotary a ~.<! a !11.<! ~ i I ~~~ ~ s ~ ",.", ~ ~.<! i !I.<! ~%'1 a ~.~ ~ a ~~ ~ ~:~ ~ l", ~.~ ~ ~.'~ ~ ~~~ ~ ~ ~.~ * ~ ~.~ ~ ~.~ ~ ~.~ ~ ~.~ ~ v ~ ~.~ J. ~ ... ~ . ~ ~~~ ;', ~ ... 'if.;: :::.:.::{ ':'.>>::~;:: '):+::~.3t{ ":.>>::{ :::.::C~:,::':'::.:):,: :~.~::~;: :::.::.x "'.:+::( ":~::.;~,.~.::.::~,. ~~ :~::.;<>::.;<::.::.;'.: :::;:::.):::x.::<>::.::< :.':::.::": X+X::'.::.::',.: :::.:::.::~:: .5 ;;JB..,:),;2. 5'';;lJ.~~ . i ! I ,-'. ~~, ""'ll _ _ _'_~_~ _ _,"__ -,"-> . - , . . . > w-~ ~ ~4t-J~ ~ ~ ;F~~a(j~ T___ ' w,1~~._~~>., [UlllIi!l\~ ~"l"I'!l1 .- _~ "0 ,'" - F:\FILES\PAT AFILE\Gendoc.cur\I0099-pralltde Created: 071l1l0004:29:39PM Revised: 05JIO/021O:57:50AM WILLIAM DWAYNE DelGRANDE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-5470 CNIL ACTION - LAW KATHY LYNNE DelGRANDE, Defendant IN DNORCE 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) of the Divorce Code. 2. Date and manner of service of the complaint: See Affidavit of Service, as filed. 3. Date of execution of the Plaintiffs affidavit of consent required by Section 330 1 (c) of the Divorce Code; December 18,2001; by the Defendant; February 11, 2002. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: December 21,2002. D'lte Defendant's Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: February 11, 2002. MARTSON DEARDORFF WILLIAMS & OTTO By rrL ~ 9 lNdie-e- Thomas J. Williarlis, Esquire Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff Date: May 10, 2002 , ". [- i!illli ..;;.. ~~- ,> '," ,-,- ---"- " - .-~~~ , J'~ -'~-,i II ! C) c::> 0 C N -n is:: :It ---1 ;:ROJ :J;o>o rii~ m -< Z"".'j "Dm -, :Z:C;;; w cny (I) ~~ Q~~ -<L.. r::C' ~ ~J:-H 3:> C:. ~ Q(") Zc5 - OITi 5>c: .. ~ ~ -- r", -<: -.~,~,~" " F:\FILES\Dt\TAFILE\Gendoc.cur\10099_pra, !/tde ., Created: b7/1l/0004:29:39PM Revised: 02l12/0211:52:39AM , . WILLIAM DWAYNE DelGRANDE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-5470 CIVIL ACTION - LAW KATHY LYNNE DelGRANDE, Defendant IN DNORCE PRAEC~ETOTRANSNUTRECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under Section 3301(c) or 3301 (d)(I) of the Divorce Code. 2. Date and manner of service of the complaint: See Affidavit of Service, as filed. 3. Date of execution ofthe Plaintiffs affidavit of consent required by Section 3301 (c) of the Divorce Code; December 18, 2001; by the Defendant; February 11, 2002. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice III 93301(c) Divorce was filed with the Prothonotary: December 21,2002. Date Defendant's Waiver of Notice in 93301(c) Divorce was filed with the Prothonotary: February 11, 2002. MARTS ON DEARDORFF WILLIAMS & OTTO By~~~J1~ Thomas J. Willi s, squire Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff Date: February 19, 2002 ,,'.-- ~,~ 'ii:Iii.DrlJJ !H~.- .. . -'!i~~J1fi'} _: -- -....--'!lr'~j_~::Ei!ftjtl~ 'auu__ "-~ '"'""" ~-'l ' ',,;c- '~~-.-' ,p o ~~ ~iT 2C CJ.!o,i:::- -::. .c" ~C ~~..;: 5>~~ -;; , II ..-, """ 4 C) i' ~,} ~?, --:;) ;-,) ro-C' i._' ':".J :"-) (.[1 ~ ~ ~ ~ "~~,"I WILLIAM DWAYNE DelGRANDE, Plaintiff v. IN THE COURT OF C0Jl..fJ\10N PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2000 -S'Lf~ CIVIL ACTION - LAW KATHY LYNNE DelGRANDE, Defendant IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any ofthe statements set forth in this Affidavit, you must file a counter- affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on April I, 1998 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! may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 subjectto the penalties of18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. \ \ Date:AuO 4, LOGr) ~/~ L~_ L JRc(j-L f William D. DelGrande ". ~~. '"' ,.... _~~~ I . ~ ~~ F:\FILES\DA TAFlLE\Gendoc.clU'\l 0099-COM.1 Created: 07/11/00 04:29:39 PM Revised: 08J02/0009:47:09AM WILLIAM DWAYNE DelGRANDE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 CIVIL ACTION - LAW KATHY LYNNE DelGRANDE, Defendant 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 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 at the Domestic RelationsOffice, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,. -""- - .~ ' "'~-j WILLIAM DWAYNE DelGRANDE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 -5Y7a CIVIL ACTION - LAW KATHY LYNNE DelGRANDE, Defendant IN DIVORCE COMPLAINT AND NOW, comes Plaintiff, William Dwayne DelGrande, by and through his attorneys, MARTSON, DEARDORFF, WILLIAMS & OTTO, pursuant to Section 3301 (d) of the Pennsylvania Divorce Code and avers as follows in support thereof: 1. Plaintiffis William Dwayne DelGrande, an adult individual currently residing at Box 63, Tidioute, Pennsylvania. 2, Defendant is Kathy Lynne DelGrande, an adult individual currently residing at 504 Brenton Street, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Co=onwealth of Pennsylvania for at least six months i=ediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 19, 1989 in Camp Hill, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiffhas been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff consents to a divorce. 9. The Plaintiff and Defendant have been separated for over two years, beginning on April 1, 1998. ". _ ,i WHEREFORE, Plaintiff prays your Honorable Court to issue a Decree of Final Divorce pursuant to Section 3301 (d) of the Divorce Code. MARTSON DEARDORFF WILLIAMS & OTTO By :r.f:.w';;l. ~re.u Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff ..-..-.... Date: 'S: I t./) 6 CJ ~ =-" "---"; , - , VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. CoSo Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. W:L/\ ~ / )~ William D. DelGr~~ . F:\FILES\DATAFILE\Gendoc.cur\I0099-COM.l ~ii,,",- .l'1 ',,,,,,,,,,,,, m.Jil.1iiiI!f.~=~""""'''''''''.mBI~~'Wil&.lfU-\m!\i~~A!tr'' &"Jin:l ,~.- ~~~ ';;-, ~-,.....~ ,--i'_ ,___. ." ~ ~ ! (') a 0 ~ ~ c c::> 'Tl 70 '- -<Q.. s=: "'" ..~~ R ~ ~ j-Rg;( c: T rl::.. ~ ril:JJ Z:JJ r- 8 .l/) .//) ~~ I -om ~ -..I :'JX' .c. Sc.) ~ ~ 8e ~o -0 X41 ~o ::Jl: 0- ~ )'>0 z.o ~ . ~ ~ om ~ '"V ~ c::- ~ p::. =< +' -< J ~" i<l:~~ .' F: \FILES\DATAFILE\Gendoc.cur\l 0099-aff.ser/tde Created; 07/1110004:29:39PM Revised: 08115/0010:35:15AM 10099!1 ' WILLIAM DWAYNE DelGRANDE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5470 CIVIL ACTION - LAW KATHY LYNNE DelGRANDE, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in Divorce was mailed to Defendant Kathy L. DelGrande at 504 Brenton Street, Shippensburg, P A 17257 on August 8, 2000 by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "Kathy L. DelGrande" and dated August 10, 2000. /lvLL Swam to and subscribed before me this 15th day of August, 2000. cJ!.':~;'.(J ~ Notary Public Notaria1 Seal Tricl$ D. Eckenl'O$d, NollIry PublIc C$rllsl. Boro, Cumberi$nd County My Commission Expires Oct. 23, 2000 ~J"""'''"~'""'1ii i/Iiiit li~.i!!~~~,j;itm"'-W.MlfulUl!,,"fjj.iiIl1#~)"~~iilIi!!l~.illlSiI"~"'"'M~-~""~~""" i'~'"" - - .. () CJ 0 c <::> _$: -n ;boo V['JJ e- 52'" ~ :0 G') ':!J , 1 ZS:" ,_. C/) '. ~~~(~ -<;-:::: c"\ kG- -'0 :-?C.; -,~ -:..-b:; -ri ZC' , .::n 0'"0 Pc:! ~ Orn z:: w );! :< .c- :0 -< - . I. .. , ~ .,. AklwD Z T ~ IZ~ t- "'11... SL O:t3 3j8 174 1. 0 Addressee's Address 2. jjl Restricted Delivery 'eff/Mll: I also wish to receive the follow- ing services (for an extra fee): Q!(Certified o Insured o COD Ii .!l > Ii ., 1;, '8 d! " ,~ i a: ''" . " .1 .e " g. t .. .c: ... Speci"l'~ry .Restricted D~~iVWi~-~~~ m RetOOl Receipt Showing to Whom & Date Delivered '[ RelumReceiplShowing"Whom, .0: om.,l_'_ o o T01Al.. Postage & fees <Xl C') Postmark or Data E- If CIJ a. , 7':>' , ).. ') $ };. q<:; ~. .g ;; I " s " o . " " \) , Q. E o u ., C Complete items 1 andlor 2 for additional services._ Complete i@ms 3, 4a, and 4b. o Print your name and address on the reverse of this form so that we can return this card to you. C Attach this form to the front of the mailpiece, or on the back If'space does not permit [J Write "Return R&ceipt Requested" on the maiJpiece below IhfOl,article number. o The Return Receipt will show to whom the article was de\\v,~ed ami the date delivered. ' 3.ArtiCleA~fr:'t~to: (\~n .... o....,ii....,.:. rw.. nLUA'~ 1.. Ulib " SO~'~i S:i~. Qft 11~1 4b. Service ype o Registered o Express Mail o Return Receipt for Merchandise Odll1i$tlc Return Receipt __J ',- "I + [} ....~u~.-,= "~"""I;l~,,-~~~~";';'~- ~'''("_",",.....~"",,,,,,;llIiRluidl"- ~~ ""-. =~ ~iI.j ',I Ii il )1 " Ii !I il I = ...~'~ () Cl () c: c::> -r1 :$': ~ .-, -no:; ~ :-:-;::n- lit~~ :7) "_'c--' Z_,--' 'TJ[q ZS: 0'1 :,:1''-.( a?.': :~~~~. 2L- :.,,--C -0 j>. ;*;:::::J :z:C; ~ :::;;C) ""e-rn ~O ~ S ;PC ~ w 55 .1"" '< '- . " ~ i'~~~ . ,_J ,. " , ~""'~,," WILLIAM DWAYNE DelGRANDE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5470 CIVIL ACTION - LAW KATHY LYNNE DelGRANDE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S 3301(d) of the Divorce Code was filed on August 7, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a fmal decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) AND ~ 3301 Cd) 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 con,cerning alimony, division of property, lawyers fees or expenses if! 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 thatt.1.e statements made in fr,is affidavit and waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. CoSo S4904 relating to unsworn falsification to authorities. D~J/:ft-. L~ Ll~IJ-^ J Z./If/O ( ~ii~i:lili~~~~;';'(t:W-,,~~t:i<l;:\Ji:ii\1iil'l;;!-Iliii:'~.w.UiIl;;IIL<il!m""'""'~'~-:il::li:~~--~" ~~, , ~.~-'.~-~ -[[ " ~ ~ (") 0 0 c: "f'l ;;;::: CJ ;L~T1 -om f'T1 mg ,-, \_-~~i z.. N ~s:; ...,9 ?-L ~~~ ,.' ;<',--./ ".. ?,to ::Y. 90 5>8 C? om ~ ~ N -< dEC!::l~ H~ {JEe, "/ l'- f J 2001 'lji!' ' ~- (( ~ -, , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA William Dwayne DelGrande, Plai ntiff Civil Action - Law v. FoR. 2000 - 5470 Kathy Lynne DelGrande, Defendant In Divorce a v.m. AFFIDAVIT OF CONSENT I. A complaint in divorce under Section 3301(c) or 330 I (d) of the Divorce Code was filed on August 7, 2000. 2, The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made. sub~ies of 18 Pa. C,S. 4904 relating '" OOfflom "".""00 '" ,<rtho,;ti~/ ~ ~ Date:~.d I~ 200 "L ( . -,"" Ka h L~e , - ''''''''\-:~LMl ' " ',~~;m~i~"~",*,H1i"g~ ~~'''''''~'~- -- ~-~~O&iill!ii..~":I'h,,,,"; , " " _ J,."", - - ~--~~ ~" ~~.... " ~ 0 ,,"'. o IV ...,., m 'oJ o C -7 ~".. "ULc'. rnrl', z:"' :ZC U)~""" -;::::p, ~..: :: ~,-,j . ;-.;;.:.-(.....'" ~G. '2 :2 - ,.~ ti ECEfVED 'JAN 3 0 2002 'lIowr .' "I "i !:I '!: II;; ': , I I i I' 1 i: I: I C) --n :s -... :JJ ,..~h"', ~_l')O "'\:~:~l~~; ".. c,~, '~tf?; S -,? ':.0 '< ~ N - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA William Dwayne DelGrande, Plai ntiff Civil Action - Law v. F.R. 2000 - 5470 Kathy Lynne DelGrande, Defendant In Divorce a v.m. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330 I (c) OF THE DIVORCE CODE I. 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 Waiver are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C.S, Section 4904, relating to unsworn falsification to authorities. Date: ;)d /I, Zoo :z.. . Ka -----.--'.. rande, Defendant ~~i~lilIIlitll&mj~~~lMiiIll:~ii~~~~ ~ ~jr~ ~..;-" 0 J, '-' ~, ".--""" ., _ J " "~ ,_' c<, ~ '~, 0 c:> () c: 1'.) '-n ~~ -., -- -oCc; r-rl ~n 2'''' c.o ,;:::-- " -'-::;8 ---roo- "'::-j> . , ~z ( "'() ,-c ""t'l 2~\{ 'S ::;::: ~(~< -t,,,; ~ >~; -4 )> :t N ':Xl ~ tiECErVEL JAN 3 (\ 2002 __e_ ~" "-'i i~! :q I~! ~'I ti " 'I II !,j ! ~- < -,'tj" ., --~- .""~ ""'.... .. " ~. ~ ~~ "~, ~, "~I~,,, DIVORCE INFORMATION SHEET PURSLJANT TO ACT 2001-82, VITAL STATISTIC FORMS ARE NOT REQUIRED BY THE STATE EFFECTIVE JANUARY 1, 2002. THE' PROTHONOTARY IS REQUESTING THIS INFORMATION IN LIEU OF THE VITAL STATISTICS FORM, PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE, DOCKET NUMBER: 09'5'/70'~' DATE OF MARRIAGE: Gilt/AI I~ iCJ8Cf =-()WCO =-=--N~ .:- S ::;:1 it :.... cr"-~, ~ .. ' (1;1,,-+- . ~ ;;l,oCO =.0'" . =-Ei(1)1--3 .. {JQ (b 0 ~ ~ ~ ~ =:> q-~ : f-I ~ :::1 -.. .......:).-+- 0. -t:3 tu - '" .g q' '" ()>-l > '" .~ z cm ~ G; ~:" ...j ~::r: z--R t: ~ ~U'> ~;;J Z m >= ~ - " o - '" z~~ 0, ~ ~ ..", ~ .., .9 0' ~H~ .~~U.S , tl i? 0 ;5 ~ B~. ....~' . ;:: '" O~ 'u""'i'-' n;,J:?::;;J ~ i=' :> 0 ~. m?:l S gL~r-i~ ,,(tJ '~.rJJ 00 , "'::r:.OC"-< :>~. z ~ . (JQ d <; ...... 'p-' _. -.) , ,I--' o'C/) tr:f~_ t;:;@~& " '" ..... . om ::0'" "!j.g '"rj ::;" ~" r-< .'~ (/l .?? o ...., ...., o Q;;;i ." z b.rr1 f7~ ;;?:r: ~9 , ~ ~ ~'~, ,. " !; ~ ~ ~ " a '" z~~ o ' >. ~ ::.j ~ ~ 5 0 ~ r--1 .~ a~u. .~ . 0 ~ 0 < " o .." Q. . ." Q l:$', g I I I ",-,-",'"" 'l ,-, ~" ~ i ~.~ I i~~ ~ ~,' 8 to', ~, ~ I ~~ ~ i 1......_..,.. ""_'. .....v..;p,...""......,,;,-,.;>>:;,: ..'IIWJtl'" " .....'<. "'..7-,, ' __""" ' _i-', .' __,,-,_, ' ........."" _,' _i, -, ' - , ".-' ~ ~.~ i ~.~ ~~~ ~ ~ ~.~ ',,:~~' t !t.~ ;"S . ~.~ ~ ~~~ ~ ;.,,~ ~.{ ~ '''', ~ !t.~ i !to" I ~ h , ~ ~.~ ~ ~ i ~.~ j~; ~ !t... ~ ~ ,,0,< Z~ ~ (:i ~ (;, 't.~ ~ ~ .t.., ;..; ~ ~.~ ~ .'" k~ ~ /'; .' ;'~"^,,' - ~, , ,.,.^' , , -~-"~.-," .. ,'~; -, ')a-::~~: ::;~3::~:.--:;!:+::~~ I ~.~ ~ i~~ ~ ,", .,~", W !to" l~~~~,;: :~!-::.::~~;. ,~:-C{:~f::.:::{:::!.~:::~!::CKt!::.::~;::):c{::!::Ci()::.::(:;:!8-::(,::'!~~~::::!~;;::::!::C~;:::::,!>>::K::~!:c(:::!>>::~**E:!::.::!t:~:ct~'>>}~:~~!:+~E!::.::~;::~!~!r~:!::c~;;J::~#~~, ~ ,v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. WILLIAM DWAYNE Dsl~E I d'munmuu II I '"'''''''''',,''' 19 N 0, .2.0.QQ:::5.~7Q" V ergus n!9\.TIN..J;,~n.J;!<;!JGMNP!'. DECREE IN DIVORCE AN D NOW, . . . . . . . . . . . . . . . . . . . . . . . . . . . . , ~. ?QQ?, it is ordered and decreed thaf ................. WJj:.Lm1. DWlI:mE. DelGRANDE.. .. .. ", plaintiff, and, .. .. . . . . . . . . .. . . .. .. .. . . . .I9!'lJ!Y: .~~ P€!~qlWjQFi. .. .. .. ", 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 yef been entered; ., .!\IQI1~.. .. . . . . .. .' ' , .' .. .. . .. . . . .. . . . . . . .. .. .. . . . .. . ., .. . . .. ., . . . . . . . . . . . . , By The Co U r t : Attest: Prothonotary ~ ~~~~~~~~~~~~~~,~~~~~~~ 2 ',,<, ~ -,0,' I ~ ~ ~." ~.* I ! I ~.~ ~ '",< * !"..~ ~~~ ~ v' ~ ~ ~ ~.~ ~.; ~ ti\ ~ i ~~ ~ S fA I ~.~ :;,~ ~ N ~ (~ ~.~ ~ ;.~ ~ ~ ;.~ I ~ !".~ ~ ~.~ ,'~ ~ a ~.~ ~ ~.~ J. ~ ~.~ ;.~, ~ ~ '.' ~ ~.~ ~ ~.~ ~ ~.~ - '" '~ ''', , - ,"~ - -', -..'- ~~ ',- WILLIAM DWAYNE DELGRANDE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW KATHYLYNNE DELGRANDE, Defendant NO. 00-5470 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of April, 2002, upon consideration of Plaintiffs Praecipe to Transmit Record, and the record containing no disposition of various economic claims raised in Defendant's answer to the complaint, and the action not having been bifurcated, a divorce decree will not be entered at this time, without prejudice to the parties' right to correct the deficiency and file a new praecipe to transmit. BY THE COURT, )!homas J, Williams, Esq, Ten East High Street Carlisle, PA 17013 Attorney for Plaintiff A':Iarbara B. Townsend, Esq, 32 West Queen Street Chambersburg, P A 17201 Attorney for Defendant > [~ 01-12-02 :rc ~ "C_" ,~ ___,4IIIlIJlf '~'~C'~' . I' ~ ,=, u;- 1 ~lL~[)..q~~~?'~JTf\RY 02 APR I 2 -,>, I OQ P-<I-", '. 'I. . ."J CUMBt}1LJ\ND COUNlY PENNSYLVANIA "~~~"...,.,,,,V;fI!!l",~->>~~J:jij!%'~!fflli~~!'1~~~,rl (~~~~~ 'ire' F:\FlLES\DATAFILE\Gendoc.cur\ 1 0099-pra3/tde Created: 07/11l0004:29:39 PM Revised; 04I301021l:04:12AM WILLIAM DWAYNE DelGRANDE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-5470 CIVIL ACTION - LAW KATHY LYNNE DelGRANDE, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: The parties jointly, through their counsel, withdraw all pending claims related to this divorce action, except the claim for divorce. Date: >/7) t> 2- MARTSON DEARDORFF WILLIAMS & OTTO By Th;:.,~~;i 11-- Ten East High Stfeet Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Barbara B. To end, Esquire 32 West Queen Street Chambersburg, PA 17201 (717) 267-3244 Attorne)'1 for Defendant Date: ~ IJ ~O 2--- ~ ~'iIill I<i>,"'w "., iIllfU:'ilf -lit!l '_~~"wt_"'~"I1>~' ~.- -~ , --- -, ,. ~ ._,~ ~. , , , ~, 0 0 ;;; f',-) () us". ::!l: -11 Cr mfT~ :;0.. Z.,..: -< p Zr (J).P <::> ;~~~~ ~Z ;<:::C -0 ~8 ::JJ:: 5>- J- ~..,.o c: - Om z " ~ 0 s;! N :n -< J~ECEI\lEL MA,( 0 7 21102 '\" n\Mr ~~ -. ",:1 Iii I:i I:] 11 !i I: Ii ,I I I I , il l ....R:::7c -' ~ u ',- " William Dwayne DelGrande, Piaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No, :2000 - 5470 CIVIL ACTION - LAW Kathy Lynne DelGrande, Defendant : In Divorce a v,m. NOT~CIE TO DEFEND AND CLAIM RIGHTS You have been slled in Court, If you wish to defend against the claims set forth in the following pages, YOll mllst take prompt action. Y Oil 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, inclllding custody or visitation of your chHdren. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage cOllnseling, A list of marriage counselors is available in the Office of the Prothonotary at the Flllton County COllrthouse, McConnellsburg, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR AliMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSIES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THIEM. 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, Pennsylvania Bar Association Lawyer Referral Service Telephone: 1-800-692-7375 (FA ONLY) or 717-238-6715 AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cllmberland County is required by law to comply with the Americans With Disabilities Act of 1990,. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before this Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court, YOll must attend the scheduDedl conference or hearing. ".......," ~ ,-J" '"' '"~ William Dwayne DelGrande, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 'IS. : No, 2000 - 5470 CIVIL ACTION - LAW Kathy Lynne DelGrande, Defendant : In Divorce a '10m, ANSWER NOW comes the Defendanlt, Kathy Lynne DelGrande, by her attorney, Barbara 8, Townsend, and answers the complaint as follows: COUNT I COMPLAINT UNDER 330 I (c::) OR 3301(d) OF THE DIVORCE CODE I. - 9. Defendant neither admits nor denies the allegations as set forth in the original divorce complaint in accordance with ~a,R.c.~. 1910.14, COUNT II ALIMONY/ALIMONY PENDENTE LITE ~L The allegations of Paragraphs I through 9 above are incorporated herein by reference thereto as if fully set forth herein. 12, Defendant is without sufficient funds or estate or income to provide for her reasonable needs and is unable to support herself through appropriate employment. 13. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage, JJ' :' .'. , '-0-- , 14, Defendant requests the court to enter an award of reasonable temporary alimony until final hearing and permanently thereafter, COUNT III EOUITABLE DISTRIBUTION Of MARITAL PROPERTY 15, The ailegations of Paragraphs ~ through I) above are incorporated herein by reference thereto as if fully set forth herein, 16, Plaintiff and Defendant have acquired property, both real and personal, during their marriage, D'. The parties have been unable to determine and equitably dispose of their respective rights and interest in the said property, 18. Defendant requests the Court to equitably divide, distribute and assign the said property of the parties pursuant to the Divorce Code, awarding the Defendant just and equitable relief, COUNT IV COUNSEL fEE AND EXPENSES 19. The allegations of Paragraphs I through <) above are incorporated herein by reference thereto as if fully set forth herein, 20, Plaintiff is without sufficient means to meet the costs and expenses of litigation, (> ~ " 2L , .. R!!!0_ Defendant lias an earning capacity substantially in excess of that of Plaintiff. 22. Plaintiff requests tile COlJrt to enter an award of attorneys fees. arbara B. Tow nd Attorney for Defendant , " i' , "-' =,-" ~ if!lljU-.., I 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 perjury contained in 18 Pa. CoSo Section 4904, relating to unsworn falsification to authorities. Date: ~~/L)D ~W~ ."'".IlEi!iN~-;M-"'" , ---~....j -~lniilU~~M'ili<i ~~,I~.~_~ "'''filfl~r -.., '~.jjj '~'''';; J1~'~H~:!sIj )l Ijl!ili.LUIMI .- -- ., ~ ,~, -~"" ~. ,,> " ,,~ .., (') c <: -off} mr:l 271 2':C_' ~~1.' ~~-: ~Ci ....">~; ..::" ~ -' ~~""---Ifi:*If!ll ,,- ~ , [ ~ i I I I I , i I I o C> ~ L_ CO> -c,j (') ., --; '- " :~~tB I_~)--) _;~.J "j' , ~0h~ :::; ;:> ~TJ =< -n --'. 7.;>} - J __, '-- l~Di William Dwayne DelGrande, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. :2000 - 5470 CIVIL ACTION - LAW Kathy Lynne DelGrande, Defendant : in Divorce a v.m, ACCEPTANCE OF SERVICE NOW,this .;\I~ayof g~,2(JO(),I, "f'~~ 7', WI ti(c4"",,.I' attorney for the Plaintiff albove, hereby accept service of a true and attested copy of the Answer filed in the above cause pursuant to I'a, ItC.p. 1920.4(3) and verify that I am authorized to do so on behalf of the Plaintiff. {~ ,wLL~ Attorney for P amtlff ~~~~"l'-' ~1Ill~ ~!lMl:.'''''lmllij:f1X'''''~'!i~~'i",",,,,~jMii,,,,i,:ji!~,'~;0j~<ii$!:m_iai_l(ill~'1iiC "~ "<~ -' ~*~'~""'"'-"""'-1- = j.ll~": r. I I , I I " I: I, H ii 1,1 I'!' H I,! I 1 , 0 c::' C) C 0 .'-n $: = _,_I \Jm (, ~~B .~-; --r:\ r-'- Zc-" --,,','1 ~~~:~ f'- ,_,:::,,---:J v ~~:;! ,<C () )>. ~ "-~ ZCc S;j(!;:) F-, Pc if? O\'n ~ :::> :;;! :JJ ..7" -< '"~.. - ,,~ - -, -,'- " F:\FILES\DATAFILE\Gendot:.cur\I0099-caff.lltde Created: 07111/0004:29:39PM Revised: 08l08l0Q08:11:04AM WILLIAM DWAYNE DelGRANDE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-5470 CIVIL ACTION - LAW KATHY LYNNE DelGRANDE, Defendant IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 330Hd) OF THE DIVORCE CODE 1. Check either (a) or (b): A 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! do not claim them before a divorce is granted. A) 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. IfI 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 of18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: 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. """ il- ~ '.~i!!!r."'-~~~'- '"""-,l.'--:~~ll'lii-~' 'ri.~ ',Co' ,_ """,u_,-"'_ iIiilJl ,~ o c <' -vi~::' rnrl- ~~" r;: C) -c:;,,- Z' , __C'::'1 "'C: ~ -< ,-.. " , C) D :,r.1i1' C) c~' --u ". " ". , c:. " '1-- ..~ ;~:; ~,? ~~C) t:, ..-.-:~; -~;-;r5 .:~.;n -,,:,,, ~ [ "~~.- ~~..,' ~" - .~ , '.. & ~~ #i,;j,i F:\FILES\DA TAFILE\Gendoc_cur\10099_pra,2/tde Created: 07/11l0004:29:391'M Revised: 04/08l0204:07:1S:f'M WILLIAM DWAYNE DelGRANDE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-5470 CIVIL ACTION - LAW KATHY LYNNE DelGRANDE, Defendant IN DIVORCE PRAECIPE To the Prothonotary: Please file the attached Property and Settlement Agreement with the record in this case. MARTS ON DEARDORFF WILLIAMS & OTTO BYTh02~~-d~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: April 8, 2002 ~~ ~. .,. ~'" PROPERTY AND SEPARATION AGREEMENT 6tJ _ -5'1'10 THIS AGREEME~~ made and entered into this 10 davof $ c.fl.."..lo~ 2001, by and between Wilham D. DelGrande of York, York County, PA hereinafter referred to as Husband, and Kathy L. DelGrande of 504 Brenton Street, Shippensburg, Cumberland County, PA, hereinafter referred to as Wife, WITNESSETH: WHEREAS, the parties hereto are husband and wife, they having been married on or about August 19, 1989 in Mechanicsburg, Cumberland County, PA, and WHEREAS, the parties hereto have one child, to wit: Rebecca Michelle DelGrande, born February 1,1993, and WHEREAS, diverse unhappy differences, disputes and difficulties have 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 desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling all matters between them related to the ownership and equitable distribution of real and personal property; settling all matters between them relating to the past, present and future support, alimony, alimony pendente lite andlor maintenance of Wife by Husband or of Husband by Wife; settling all matters between them relating to the past, present, and future support andlor maintenance of the child; implementing custodylpartial custody arrangements for the minor child of the parties, and, in general, settling any and all claims and possible claims by one against the other or against their respective estates, Accordingly, except as otherwise expressly provided by this Agreement and in consideration of the promises and mutual undertakings herein contained, intending to be legally bound hereby the parties do mutually agree as follows: SEPARATION: The parties may and shall continue to live apart for the rest of their lives. Each shall be free from interference, direct or indirect, by the other as fully as though unmarried. Each may for his or her separate benefit, engage in any employment, business or profession he or she may choose. PERSONAL PROPERTY: The parties make the following disposition and settlement with respect to their personal property: a. All the furniture, furnishings, household goods and appliances, fixtures and appurtenances, books and works of art, and other items of personal property (except only the items enumerated in subdivision b next following) presently in possession of Husband or Wife shall constitute the DelGrande Property Agreement Page 1 of 13 - September 2001 Copy , -~ .. -,-,- .>."",- :: sole and exclusive property of each, as to which property each hereby transfers all rights, title and interest therein to possessor. b. . The following items presently in possession of Wife shall constitute the sole and exclusive property of Husband as to which items Wife hereby transfers all her right, title and interest therein to Husband. Hunting Equipment Fishing Equipment His books Clothing Tools, Gun Safe and Contents ....~1 U U . ._ _00- _.,_ _00' _;:...._. ._. _oo!~! Y" 1940 Packard Automobile Husband shall within ninety (90) days after the execution date hereof remove these items from the marital residence. Husband shall notify Wife at least 48 hours in advance as to the date and time he intends to remove these items. c. Each of the parties hereby waives any right, or claim to and transfers unto the other, any interest that either may have in the other's retirement plans, pension plans, savings accounts, checking accounts, choses in action, unemployment benefits, Workmen's Compensation benefits, causes of action, or any other item which constitutes marital property but which is now or hereafter in the name or title of the Husband or Wife, individually, unless otherwise specifically set forth in this agreement. d, Except as otherwise herein provided, each of the parties shall hereafter own, have and enjoy, independently of any claim or right of the , other party, all items of real and personal property, tangible and intangible, now or hereafter belonging to him or her and now or hereafter in his or her possession, with full power to him or her to dispose of the same as fully and effectually, in all respects and for all purposes, as though he or she were unmarried. As to all such property, each party transfers all his or her right, title and interest therein to the other, respectively, e. Husband agrees that he shall cooperate with Wife so that she may pay for and carry life insurance on Husband's life, policy payable to Wife for the benefit of the parties' child to effectuate the child's raising and her education. Said Insurance shall be in effect until the child completes her education, attains twenty-three years, or is married, whichever shall come first. Completing education means that the child has not attended schooling or engaged in a course of higher education for a period in excess of eighteen months. DelGrande Property Agreement Page 2 of 13 - September 2001 Copy " " !\.: MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: a. Wife hereby conveys her right, title, and interest in and to 1989 Bronco, 1940 Packard and to Husband. b. Husband hereby conveys his right, title, and interest in 1991 Ford Taurus and 1990 Honda CRX. b. The titles to the said motor vehicles shall be executed by the parties, if appropriate for affecting transfer as herein provided, on the date of execution of the document. The said executed titles shall be delivered to the proper parties on the distribution date. REAL ESTATE: Husband and Wife hold title as Tenants by the Entireties to the premises identified as 504 Brenton Avenue, Shippensburg, Cumberland County, PA. The parties agree as follows with respect to the marital residence: a. Following the distribution date of this Agreement, and after the mortgage transfer to wife, Husband shall deliver to Wife a warranty deed, conveying to Wife all of his right, title and interest in and to the marital residence. Thereafter, Wife shall be the sole owner of the marital residence and shall be permitted to record the deed and take any other action with respect thereto that she deems appropriate. b. 'Commencing on the execution date of this Agreement, and without regard to when bills for such items are incurred, 'received or due, Wife shall be solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining the marital residence (except as provided herein), including but not limited to, all real estate taxes, water and sewer service line repairs and rents, gas, electric and telephone service, homeowner's insurance, general upkeep and repair of home, compliance with local municipal codes such as nuisance and sidewalk ordinances, and gardenffig expenses and repairs, etc. c. There is presently outstanding against the marital residence a mortgage in favor of Chase Manhattan Mortgage Corporation, AdditionallY, there is a home equity loan in favor of Mellon Mortgage Company. Commencing on the mortgage transfer date, Wife shall be solely responsible for the timely payments of all past, present, and future principal, interest, and other fees due under the mortgage. DelGrande Property Agreement Page 3 of 13 - September 2001 Copy ~ ~ d. Husband and Wife agree to take all steps necessary to have the mortgage and home equity loan transferred to Wife's name alone, provided however, that mortgage holder agrees to such a change. During the interim, Husband shall continue to pay the monthly mortgage and wife shall continue to pay the monthly home equity loan debt service. e. Wife shall indemnify and hold Husband harmless from any liability, cost or expense, including attorney's fees incurred subsequent to the execution date of this Agreement in connection with any expense required to be made by Wife, including bl:lt not necessarily limited to, the mortgage, the home equity loan, property taxes, maintenance, repairs, upkeep, and insurance with respect to the aforesaid premises. f. Husband warrants that there are no liens or encumbrances against the marital residence with the exception of the existing first mortgage and home equity loan held in the approximate amount of $81,000.00 and $11,000.00 respectively. In the event that Husband has failed to disclose a lien or encumbrance in violation of this paragraph, he shall immediately take all necessary steps in order to remove any such lien, judgment or encumbrance against the aforesaid premises and shall indemnify and hold Wife harmless with respect thereto. Husband shall be responsible to and pay Wife for any costs or expenses, including attorney's fees, penalties or any other expense of whatever nature, whether direct or indirect, incurred by Wife as a result of Husband's failure to remove said liens or encumbrances at any default in payment thereon. g. Husband shall continue paying the monthly mortgage bill and the municipal household waterlsewerlrefuse bill until mortgage is transferred to wife. Wife shall reimburse husband for household municipal waterlsewer/refuse bill within thirty days of husbands receipt of the bill. Husband shall deduct the cost of the mortgage payment from the monthly amount of child support/alimony listed in this Agreement. In the event that the mortgage, cannot be transferred to Wife, (as first stated in writing by the Mortgage Holder) Wife agrees to sell the home within two years of the date of execution of this Agreement. Husband agrees to give Wife all of net proceeds of sale of home, after the proceeds are used to pay off the mortgage and the home equity loan. Wife agrees to reimburse Husbahd for any maintenance or repair expenses he may incur on or from property at any time before or after the date of this Agreement. Wife agrees to be solely responsible for home equity loan at all times. In the event that Wife fails to make timely payment on the home equity loan between the date of this Agreement and either the date of the sale of the home or the date DelGrande Property Agreement Page 4 of 13 - September 2001 Copy -.- ~ ' - -~, . . 'ID'--;.; of the mortgage transfer to Wife, Wife shall immediately inform Hus~and of the problem, and Husband shall make begin making ro~tme payments on the home equity loan. Wife shall routinely reimburse Husband when Husband must make home equity loan payments. Wife shall reimburse Husband for any legal expenses involved with collecting debts or expenses owed to him by Wife. DEBTS: The following unsecured debts shall be paid as follows: Husband agrees to pay and to hold Wife harmless on the following debts and obligations. If any claim or action is initiated seeking to hold Wife liable for any of these debts or obligations, Husband will, at his sole expense, defend Wife against the claim or action, and shall indemnify her against any loss resulting from the proceeding. MBNA credit card balance of about $100.00 Discover card balance of about $1 ,024.00 Wife agrees never to involve Husband with any line of credit, loan, or credit card debt again and to hold Husband harmless from any debts she incurs. Wife agrees to pay and hold Husband harmless on the following debts and obligations: If any claim or action is initiated seeking to hold Husband liable for any of these debts or obligations, Wife shall, at her sole expense, defend Husband against the claim or action, and .shall indemnify him against any loss resulting from the proceeding. Balance of the home equity loan through Mellon Bank. Balance of the home mortgage through Chase Manhattan Mortgage Corp, Any and all outstanding household utility debts and household maintenance expenses such as heating oil, propane, electricity, telephone, cable TV, water, sewer, refuse, plumbing, electricians, carpentry, roofing, landscapers, etc. Any and all other credit card debt, line of credit, personal debt, commercial debt, etc. that wife incurs or has incurred since November 1998, BANK ACCOUNTS: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. DelGrande Property Agreement Page 5 of 13 - September 2001 Copy CREDIT: Husband and Wife represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist that provide for joint liability. From the date of the execution of this Agreement, each party shall use only those cards and accounts for which that party is individually liable. Wife agrees to seek credit counseling and to attend money management courses annually, during the life of this Agreement, to improve her handling of money matters. ALIMONY AND SUPPORT: Although this Agreement may be incorporated into a decree of divorce, and the alimony payments entered as an agreed order with the Domestic Relations Section of a court of the Commonwealth of Pennsylvania, the parties expressly intend that this shall not be deemed to be a merger. Husband and Wife expressly intend that Husband's obligation to pay the sums set forth below and Wife's right to receive those sums are not only contractual in nature but are also enforceable by any court of competent jurisdiction pursuant to Section 3703 of the Divorce Code and specifically agree that any court of competent jurisdiction may issue an order as is contemplated in Section 3704 of the Divorce Code. Husband and Wife irrevocably agree that the only reason for a modification of the amount and length of Husband's alimony obligation is very specific and limited changes set forth below. In recognition of the criteria set forth in Section 3701 of the Divorce Code, commencing on date of execution of this Agreement, Husband shall pay to Wife as alimony and unallocated child support the sum of $1 ,000 in cash per month for 92 months after the date of this agreement, payable on the first business day of each month until the termination. Husband's aforementioned mortgage and tuition expenses will be deducted from this amount. In addition Husband shall supply medical insurance for the parties' child so long as such insurance is available at reasonable cost, and Husband remains gainfully employed. Husband further shall pay, in such intervals as required, fifty-percent of the tuition for any private school in which'the child may be enrolled. Wife agrees to pay fifty percent of the tuition for any private school in which the child may be enrolled. Wife's share of tuition expenses shall be deducted from monthly alimony/child support, when wife fails to pay for her 50% share of tuition costs. Notwithstanding the provisions above, the unallocated alimony payments provided for in the paragraph shall terminate on the first to occur of (1) Wife's death, or (2) Husband's death. The payments hereunder are to continue notwithstanding Wife's cohabitation or remarriage. Husband, however, may make a final lump sum payment at any time, discounted at six (6) percent simple interest, based upon Wife's then life expectancy. Upon termination of the unallocated alimony and child support, Husband shall pay an amount equal to the child support as normally assessed against his income pursuant to all applicable child support guidelines. Said child support shall terminate when the DelGrande Property Agreement Page 6 of 13 - September 2001 Copy - . . ~ "7 ~ ~. . ~' ~ -- " - ,. 1. ~l parti~s' minor child attains twenty-one years, dies, moves out from Mother's residence, or falls to attend any school designed to provide her education or vocational skill for a period in excess of eighteen consecutive months, whichever shall come sooner. Fee Deductible: This Agreement has been negotiated on the assumption that the payments described above shall be deductible by Husband and includable in the income of Wife. Therefore, it is the intention, understanding and agreement of the parties that the payments described in this paragraph shall constitute "alimony" as that term is defined in Section 71 of the Internal Revenue Code, and that, accordingly, all . such payments shall be includable in Wife's gross income and deductible by Husband for Federal Income Tax purposes pursuant to Sections 71 and 215 of the Internal Revenue Code. Wife must report payments Feceived under this paragraph in her gross income for federal and, if applicable, for local and state income tax purposes. Wife shall be solely responsible for the income taxes with respect to those payments. If Wife should fail to report these payments on her income tax return as required by this paragraph, Wife shall exonerate and indemnify and hold Husband harmless from any expense and/or liability, including reasonable counsel and accountant's fees arising from that failure, unless the next paragraph applies. If, pursuant to any final and binding ruling by the Internal Revenue Service or any court or as a result of any legislation, regulation, tax examination or audit, all or any part of the amount paid under this paragraph shall not be deductible by Husband for the purpose of computing his Federal Income liability, and not includable in Wife's gross income for the purpose of computing her Federal Income Tax liability, the payments made pursuant to this paragraph shall be readjusted so that Wife shall receive the same net amount after taxes as she would have received had the payments been includable in her gross income for the purposes of computing her federal tax liability. CUSTODY: (A) LEGAL CUSTODY The parties hereby agree to share legal custody of theIr child, Rebecca. All decisions affecting the child's growth and development incl\lding, but not limited to: choice of camps, schools, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to the actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; education, both secular and rel.igious; athletic pursuits and extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other, and with a view towards obtaining and fOllowing a harmonious policy in the child's best interests. Each party agrees to keep the other informed of the progress of the child's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the child. Each party agrees to give support to the other in the role as parent, and to take into account the consensus of the other for the physical and emotional well-being of the child. DelGrande Property Agreement Page 7 of 13 - September 2001 Copy - While in the presence of the child, neither parent shall make, or permit any other person to make, any remarks or do anything which could in any way be construed as qerogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. Each parent shall have the duty to notify the other of any event or activity which could reasonably be expected to be of significant concern to the other parent. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modification to the physical custody schedule, which may, from time to time, become necessary, and shall specifically not use the child as messenger. Furthermore, neither parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. With regard to any emergency decisions which must be made, the parent with whom the child is physically staying at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day to day decisions of a routine nature will be the . responsibility of the parent having physical custody at the time. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. The Husband's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency, and to be notified regarding school events. However, it will be Wife's primary responsibility to provide Husband with copies of report cards and all notifications of school conferences and events. Neither parent shall schedule activities or appointments for the child which would require his/her attendance or participation at said activity or appointment during a time when he/she is scheduled to be in the physical custody of the other parent without that parent's express prior approval. The parties acknowledge that both parties are fit parents who give loving care and protection to their child and that the child maintains warm and strong relationships with both parents. Moreover, each parent has maintained a frequent and consistent relationship with the child. The parties recognize that Pennsylvania provides the child with aJamiliar and congenial environment in which the child possesses significant relationships with friends, relatives, teachers, and classmates. DelGrande Property Agreement Page 8 of 13 - September 2001 Copy =^" '~~."""""1 (B) PHYSICAL CUSTODY . . Wife s~all have. initial r~sidential custody of Rebecca, subject to Husband's right to VISit the child from time to time, and to travel with child, as the parties may agree. INCOME TAX RETURNS: Husband and Wife represent to each other that to the best of his or her knowledge all tax returns and other documents required to be filed with the Internal Revenue Service for calendar years 1989 through 2000 have been filed and that no notices have been received from the Internal Revenue Service which remain unresolved. Each party further represents to the other that to the best of his or her knowledge, the information set forth in the joint tax return for calendar years 1989 through 2000 was and remains accurate as relates to his or her sole income and acknowledges that the other party relied on such representations in signing those returns. Therefore, if any deficiency in federal, state, or local income taxes is proposed, or any assessment of any such tax is made against the other party by reason of his or her having joined in the filing of joint federal, state or local income tax returns, Husband and Wife shall indemnify and hold harmless the other against and from any and all tax, interest, penalty or expense relating from any such tax deficiency, including reasonable counsel and accounting fees, and such tax, interest and penalties or expenses shall be paid solely and entirely by the responsible party as determined to be attributable to that party on account of misrepresentation or failure to disclose relevant information of income on the aforesaid joint returns. MUTUAL ESTATE WAIVER: 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 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, courtesy, widow's or widower'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 is testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate whether arising under Chapter 22 of the Pennsylvania Probate Estates and Fiduciary's Code, the other laws of the Commonwealth of Pennsylvania, or any similar law, code or the like of any state, commonwealth or territory of the United States or any other country. It is expressly understood, however, that neither the provisions ofthis 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 the execution of this Agreement), nor 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 DelGrande Property Agreement Page 9 of 13 - September 2001 Copy , ~,.1 ~ . " ril~" , personal representative or executor if so named by the will of the other if such will was executed prior to or subsequent to this Agreement. RELEASE OF CLAIMS: Except for the 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 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. 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 limited or absolute 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 terms of Section 3301(c) of the Pennsylvania Divorce Code of 1990. PERFORMANCE: If, after the divorce of the parties is final, they reconcile and resume cohabitation, regardless of whether they subsequently remarry, this Agreement shall remain in full force and effect, unless specifically voided by a subsequent writing signed by both parties. LEGAL REPRESENTATION: The parties to this agreement acknowledges and declares that he or she, respectively: a. Is represented by counsel of his or her own choosing or unrepresented as he or she elected without coercion or undue influence; b. Is fully and completely informed of the facts relating to the subject matter of this Agreement; c. Has given careful and mature thought to the making of this Agreement; d. Has carefully read each provision of this Agreement; e. And, fully and completely understands each provision of this Agreement, both as to subject matter and legal effect. DelGrande Property Agreement Page 10 of 13 - September 2001 Copy - . - ~~ ~.~ ~ ..-- ....,..~ " Ji .~" .';, It is the purpose and intent of this Agreement to settle forever and completely the interests and obligations of the parties and all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, 23 Pa.C.S.A. 3501, and that is referred to in this Agreement as "marital property," as between themselves, their heirs, and assigns. The parties have attempted to divide their marital property in a manner that conforms to a just and fair standard, with due regard to the rights of each party. Division of existing marital property is not intended by the parties to constitute in any way at sale or exchange of assets, and the division is being effected without introduction of outside funds or other property not constituting a part of the marital estate. COUNSEL FEES AND EXPENSES FOR ENFORCEMENT: Husband agrees that he will pay the reasonable counsel fees and costs incurred by Wife in the event that Wife shall bring any action against Husband to enforce the terms of this Agreement, and in the further event that Wife is successful in such action. Wife agrees that she will pay the reasonable counsel fees and costs incurred by Husband in the event that Husband shall bring any action against Wife to enforce the terms of this Agreement, and in the further event that Husband is successful in such action. WAIVER OR MODIFICATION 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 of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. No oral modification of this paragraph shall be valid. MUTUAL COOPERATION: Each party shall, at any time, and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. APPLICABLE LAW: This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, and is independently enforceable . as a marital agreement pursuant to Sections 3502, 3505(d), 3703 and 3705(a) of the Divorce Code. While the parties understand they may from time to time remove themselves from the jurisdiction, it is their understanding and their intention that this Agreement shall be valid and effective with respect to where the parties are domiciled at any time in the future, or where in the world property owned and controlled by either party is located. DelGrande Property Agreement Page 11 of 13 - September 2001 Copy .,l~- -- ., ~'" ill'" If one or more provisions of this Agreement shall be held to be invalid or unenforceable under the laws of any jurisdiction, the parties intend that such invalidity or unenforceability shall not affect the remaining provisions, but shall nonetheless be valid and enforceable. If it is necessary that any invalid or unenforceable provision be replaced in order to interpret properly the remaining provisions of the agreement, any such invalid or unenforceable provisions shall be replaced by a valid provision which fulfills as closely as possible the intent and purposes of the invalid provision. It is intended by the parties that no additional rights be conferred on them other than as set forth in this Agreement by the laws of any jurisdiction whatsoever. In the event that either party becomes a debtor in bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers, and conveys to the creditor spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. The failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of conditions precedent, shall not in any way avoid or alter the remaining obligations of either of the parties. WHOLE AGREEMENT: This agreement constitutes the entire understanding of the parties. It supersedes any and all prior agreements between them. There are no representations or warranties other than those expressly herein set forth. This agreement shall survive integration by any Court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. The parties agree that 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. Upon entry of the decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed to merge in such decree. The Agreement shall survive any such decree in divorce, shall be independent thereof, and the parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceeding, whether enforcement is sought in an action on the contract itself at law or in equity, or in any enforcement action filed to the divorce caption, including Section 3502(e) and Section 3703 ofthe Divorce Code, 1990, December 9, P.L. 1240, No. 206. DelGrande Property Agreement Page 12 of 13 - September 2001 Copy .' "~"~ ~"~<- The alimony and equitable distribution provisions herein shall not be subject to modification under any circumstances even if submitted to Court for the sole purpose of the convenience of enforcement. The parties acknowledge that, notwithstanding this provision, custody and child support remain modifiable for a change of circumstances as provided by applicable law. CAPTIONS: The captions of this agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this agreement, nor in any way effect this agreement. DATE: 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. The "distribution date" is thirty (30) days after the date of execution. WARRANTY OF DISCLOSURE: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties' attorneys and this Agreement between the parties is based upon this disclosure. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. AND the parties hereto state that she or he, in the procurement and execution of this Agreement, has not been subjected to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. IN WITNESS WHEREOF, the parties have set their hands and seals to tw,o II counterparts t this Agreement, each of which shall constitute an original, this ~ day of Sf-'" ,2001. I WITNESS: ~/iJ~ :~1/IU< . )JJ w'l'fl,M'i);.,,) I (SEAL) STATE OF PENNSYLVANIA DelGrande Property Agreement Page 13 of 13 - September 2001 Copy - ~ . . ,~ J'~- ". -.,= -r.4j"-?,' 55 On this, the ~ day of _~I'-k/1)/;f/ ,2001, before me, a Notary Public, the undersigned officer, personally appeared William D. DelGrande, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. IJ NOT STATE OF PENNSYLVANIA ' NOTARIAUIEAI.. SS AUDREVL. WEIK.NoIlIIyPWlc €ast lampeter Tw.p., I:ancaSIer CountY ~ CorlIinIsslon EXp/IeS Oct. 5, ~ On this, the ~ day of -6, 2001, before me, a 0 , undersigned officer, personally peared Kathy L. DelGrande, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC NOTARIAL SEAL JULIA R. ERS, NoI8/)' PublIc Susquehanna Twp., Oeuphin Collllly My Commission Expires Nov. 5, 2001 DelGrande Property Agreement Page 14 of 13 - September 2001 Copy iJiIij . ~ "'''>''o';';~'''~~~-T ~ """"""''''"''-'''Ii'm ~, lIawjJl\ti!j!~~r^' ..,!llt~~iiJUr~ > '''';'''''''~'';1't1ll L ~. ~ ~_. .,. "' '...~. ~ ", _"~,' p,' ~~v ~: i !I ~! :i "I 'i Ii I' Ii II , ~i Ii Ii II II [j 11 r , i (') C~ (') c: "" " s:: :10. n'1 -o'c.., "'"\J . 'r mrr! ;;.:) " Z::1:,' I -".';"'l- Z';: 'j") ,0 cr.J,,;;~ ~::;:~) -<--. ~CJ "3:' ~-, : 1 ~(') -"> {~(~)' pC) S"? C)frl c: ~ Z r:- :2 (,.,) -< .. :;