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HomeMy WebLinkAbout00-06575 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . ~ > ~~ "" . . , ~ ~ ~ ~ ~~~ ~ f.~ ~ ~ ~ . ;f. Of. :f.:tiili IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JEFFREY LEE POTTINGER, Plaintiff No. 00-6575 CIVIL TERM VERSUS MATI~FFl\l GAV POTTIl\TGER ~ . Defendant DECREE IN DIVORCE AND NOW, O~"a.. J~ 2000 , IT IS ORDERED AND DECREED THAT JEFFREY LEE POTTINGER PLAINTIFF, AND MAUREEN GAY POTTINGER , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; IT IS FURTHER ORDERED that the parties I Marital Settlement Agreement and Agreement for Child Support and Alimony, dated September 18, 2000, shall be incorporated into, but not merged with, this Decree in Divorce. . . . . . . o~ R THONOTARY . . . . . . . . . . . . -'"~' , -f1".,(, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . " ;,._, " ". ,.,,~ ""Y'^." /0-]00 /03-0::; < ,-"....- , -~ " fl' ~.~_ >"~~-~-"'.'--',,,,,,,~, >..~ "-~ ~ <~-"=-.~'" .,'~ I"<'''''-'I''.'(',:;;d ..' .. , &I-~ /UaJ/-z4~ 'Jt~~~~. --,'~-~ ~'= _M~~ ~_....~. f':jj!ll!l'!lP!1l mlIU__ "'_ ,~S~~_ V!M1r- ~~~:: ~,,-;- C._'"~ ~~_~ _ - < - "'-~",," . - ~ ,'-~~-- ,-.",' '"' ..c..c,..................,c...... .._P......,"' ,- ,"'''-'~" 1'll~~ C' Ii..'. , i "7lc. UV.. (.j- 76- (' . 'J. " ,. MARITAL SETTLEMENT AGREEMENT AGREEMENT made this pi day of September, 2000, by and between JEFFREY LEE POTTINGER, hereinafter called "Husband," and MAUREEN GAY POTTINGER, hereinafter called "Wife." WITNESSETH: WHEREAS, in consequence of disputes and unhappy differences, the parties are separated and living apart from each other; and ~; WHEREAS, the parties desire to confirm their separation and make arrangement in connection therewith; and WHEREAS, seven children were born of the marriage; IT IS THEREFORE AGREED: 1. CONSIDERATION - The consideration for this Agreement is the mutual promises, covenants and agreements herein contained. 2. SEPARATION - It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose deem fit. 3. NO INTERFERENCE - Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. 4. COUNSEL FEES A. Husband agrees to pay all counsel fees incurred by him since the separation of Husband and Wife. 1 --" ", '_P " - ~" '~","-" '~" ''',",'';'' ,'" ... -i'" "~, {_'_ _', ~, '," 'L c...~'.' -~- "'-'~__',,".;, .,',.',,"" ,/-0- ;-' __ /c;,;J,'"-"'_L:d,-~~::>&;,,,,:;;',,\-;^,:-,:'::;','>>~:<s8\;', .- ,"'-"'"" ~'''-r[:;- . B. Wife agrees to pay all counsel fees incurred by her since the separation of Husband and Wife. 5. DIVISION OF PERSONAL PROPERTY - Husband shall be the sole owner of the items of personal property currently in his possession, including the following items: The 1996 Jeep, 1994 Altima, all funds in his Navy Federal Credit Union checking and savings accounts, the USAA mutual fund and the Series EE bonds. Wife shall be the sole owner of the items of personal property currently in her possession, including the 1994 Altima, 1992 Dodge van, and her funds in checking, savings, and stock. Except as outlined in this paragraph, the parties will divide their remaining personalty to their mutual satisfaction, and hereafter each shall own and enjoy, independently of any claim or right of the other, all items of personal property of every kind, which are now owned or held or which may hereafter belong or come to him or her, with full power of disposition as if he or she were unmarried. 6. AFTER-ACOUlRED PROPERTY - Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, whether or not marital assets were utilized in the acquisition, since the date of the parties' separation, or if not separated, the date of the execution of 2 , = - -" ~,- ~ -. H_"~"<"~ ,__=_=~ -- ",,-,' --.-'=',-'.-"",-, ",'^'."-'- "'''''-''_"C:''~__'''''~',,''.._' '70"l8 . . < this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried; and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after-acquired property of the other party pursuant to the terms of this paragraph. 7. NO-FAULT DIVORCE - The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce. The parties shall execute Affidavits of Consent and Waivers to permit the entry of a Decree in Divorce. 8. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS - Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in this or her best interests, and that the Agreement is not the result of any fraud, duress, or 3 ~ ',,'~' ,n ^ ^_~~ ",~ ." .," ~'.. '-", ,~,'c' ,_,. ;',. - ~"-..r_- ~"",'. ,v~.;";;",- ".,.,-,,<,:,,',,; ,,-G:"-:C;,_,,"'^-';'~,~..J.i,c::;<;' -,,,""__ '-;';.:"';;':;J"-:';"~',:;i;,"'~ ;.-..,>.-,-,,>,;;>: . 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 non-marital 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 property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to either party that property which the court determines to be the parties' non-marital property . f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/ or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, debt allocation, and counsel fees, costs and expenses. 4 ,h <,.- , . ,,-~-,.~,' ,.;",",_,~...,..,'~ '_.', _ , ~ ,~ "/.~".' 0'''' .,,-,. - ',,00..;;-.' -..,', ",,,,-"'L',,,,'~"" "",,,,,,,,_ -,'-.. ""'." -'~';_~'",--,~",,,{,".;.,,;<;,,<;_~c;, .,<.<,;,~\.o;,J.,;;."_ '''"'_'_,' ';;~_:"" ,. '''~ 9. PENSION BENEFITS - The parties acknowledge that Husband is the owner of a military retirement benefit package resulting form his years of service with the United States Navy. The parties agree that Wife shall be entitled to one-half of the value of said pension from the date of the parties' marriage until the date of the parties' final decree in Divorce. Husband and Wife agree that each shall execute any documents necessary to secure this right in Wife. 10. MARITAL DEBTS - The parties acknowledge that they have previously divided the obligations and payments required thereof of any debts and obligations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said party shall indemnify, protect and save the other party harmless therefrom. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 5 ^'^^ no _ qd ~ ~,' '" "<--',';''-''''y"',; "'~"--"".-"""--' ..-' "" -< ,_;~'-"'J' ",. "-, - ,""~,i-"',,,,, .;;;;"'""'"....?-.--;.,<~,;,;.i', --;:""e":~' ';"~,,:s;,, :-,~~i,,," .,'00''.. ',- '" '-' ,;_ ""'~_~ Specifically, each party shall be fully and solely responsible for payment of the loans secured by vehicles in his or her name and the credit card debts in his or her name alone. Each party agrees to hold the other party harmless from any liability arising out of his or her failure to pay these debts as agreed. 11. WIFE'S DEBTS - Wife represents and warrants to Husband that she will not contract or incur any debts or liabilities for which Husband or his estate may be responsible and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her since the date of the separation. 12. HUSBAND'S DEBTS - Husband represents and warrants to Wife that he will not contract or incur any debts or liabilities for which Wife or her estate may be responsible and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him since the date of the separation. 13. REAL ESTATE - The parties acknowledge that they are the owners of three parcels of real estate: 1. The real estate known and numbered as 282 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania, shall remain titled in joint names with Wife having exclusive possession and full ownership rights for income tax purposes. Wife further agrees to be solely and fully responsible for payment of all debts and expenses associated with the real estate, including 6 .:;~ L:_~:_'"; "_ ,_,;' "'-, ".:-' co'_ ,i:..\',:-,:,':(,,~., ;i: '-, but not limited to the mortgage debt, taxes, insurance, and maintenance. Wife agrees to hold Husband harmless from any liability arising out of Wife's failure to pay any of these expenses. If Wife elects to sell the real estate, Husband shall have the right of first refusal to purchase the real estate at fair market value. If Husband chooses not to purchase the real estate, Wife may sell the real estate to any third party at a price to be determined solely by Wife. Wife shall be entitled to receive all of the profits from the sale, and shall be fully and solely responsible to pay any losses associated with the sale. Wife agrees to apply for refinance with respect to the property upon inception of her monthly receipt from Husband's military pension. The purpose of the refinance is to remove any liability that Husband may have with respect to the mortgage debt secured by the real estate. Wife shall acquire and maintain life insurance in an amount sufficient to pay the remaining mortgage balance in the event of her death prior to repayment in full or refinance. 2. The real estate located at 14083 Tontine Road, Jacksonville, Florida, shall remain titled in joint names with Husband having exclusive possession and full ownership rights for income tax purposes. Husband further agrees to be solely and fully responsible for payment of all debts and expenses associated with the real estate, including but not limited to the mortgage debt, taxes, insurance, and maintenance. Husband agrees to hold Wife harmless from any liability arising out of Husband's failure to pay any of 7 "~F_ , "-~ -, ^".~''',"' ",'" ",,-^,"' -,." ; "'~',,,,-,,-- _'''_.0-,:;""__.,, - '=L> "el'. '__'~"L- "_. "",",_ _~~~_..::::> <;, these expenses. If Husband elects to sell the real estate, Wife shall have the right of first refusal to purchase the real estate at fair market value. If Wife chooses not to purchase the real estate, Husband may sell the real estate to any third party at a price to be determined solely by Husband. Husband shall be entitled to receive all of the profits from the sale, and shall be fully and solely responsible to pay any losses associated with the sale. Husband agrees to apply for refinance with respect to the property upon inception of his monthly receipt of his military pension. The purpose of the refinance is to remove any liability that Wife may have with respect to the mortgage debt secured by the real estate. 3. The real estate located at 105 Sweet Gum Drive, Athens, Georgia, shall remain titled in joint names, with Husband having full and sole responsibility for its management and upkeep. Husband shall be fully and solely responsible for payment of the mortgage, taxes, insurance, and maintenance. Husband shall entitled to any rental profits, and shall be solely responsible for payment of any rental losses. If Husband decides to sell the real estate, Wife will cooperate with the sale. All proceeds from the sale will be divided equally between the parties. 14. TAXES - Husband and Wife agree to indemnify and hold each other harmless should either party have to pay any taxes, interest and/ or penalties assessed as a result of any error in the reporting of income and/ or in the 8 ',,", "-,-",,., preparation of any tax return by the other party during the years in which they were married. 15. WAIVER OF WIFE'S CLAIMS AGAINST HUSBAND'S ESTATE - Wife does hereby remise, release, quitclaim and forever discharge Husband and his estate of and from any kind of every claim of any nature and kind whatsoever, including but not limited to any claim arising out of the marital relationship, whether arising out of any former contracts, engagements, or liabilities of Husband, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to elect against Husband's Will, or any other claims of any nature whatsoever, except only the rights accruing to Wife under this Agreement. Wife hereby waives and renounces any preference or right to claim appointment or to qualify as the personal representative of Husband, or to administer Husband's personal estate and effects in the event that Wife survives Husband. 16. WAIVER OF HUSBAND'S CLAIM AGAINST WIFE'S ESTATE - Husband does hereby remise, release, quitclaim and forever discharge Wife and her estate of and from any and every claim of any nature and kind whatsoever, including but not limited to any claim arising out of the marital relationship, whether arising out of any former contracts, engagements or liabilities of Wife, by way of curtesy, or claim in the nature of curtesy, widower's rights, or under the intestate laws, or the right to elect against Wife's will or any other claims of 9 , '.'. , ',~ ,._~_'~_<'" q ^. ., ,..,,'C> -,,'" -,,---"-- <"~---'~ .<,".,,~.,-~ "~, '. "~.-,-~.lJ,,-';i.1" ,.,.-_"0",,,,,,,-,/'_ '_ :,c,,*_"v';"-':O"_'~''''''''''''''''k.: -,'- any nature whatsoever, except only the rights accruing to Husband under this Agreement. Husband hereby waives and renounces any preference or right to claim appointment or to qualify as the personal representative of Wife, or to administer Wife's personal estate and effects in the event that Husband survives Wife. 17. SUBSEQUENT DIVORCE - Nothing herein contained shall be deemed to prevent either of the parties from maintaining suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted, the parties shall be bound by all terms of this Agreement and this Agreement shall be the sole remedy available to the parties. 18. EQUITABLE DIVISION OF PROPERTY - By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 19. MUTUAL RELEASE - Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, or his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or in equity, 10 "'",',-' ~---"", C'_;"_~_' ',_._,- -'.,..___,-. -n "");:",, ' " ,-,", which either of the parties have, or have ever had, against the other including any and all rights under the Pennsylvania Domestic Relations Code, including spousal support, alimony, alimony pendente lite, equitable distribution of property and counsel fees. 20. BREACH - If either party breaches any provision of this Agreement, then he or she shall have the right to sue for damages for such breach, or seek such other remedy or relief as may be available. Counsel fees and costs of the prevailing party shall be paid by the defaulting party. 21. ADDITIONAL INSTRUMENTS - Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party within a reasonable time period (presumed to be thirty (30) days after such request is made) any and all further instruments including deed(s) or releases which may reasonably be required to give full force and effect to the provisions of this Agreement. 22. VOLUNTARY EXECUTION - The provisions of this Agreement and their legal effect have been fully explained to the parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The parties acknowledge that full disclosure has been made and they have been furnished with all information relating to the financial affairs of the other which has been requested and that counsel for each of the parties have 11 ,-~"",,--,~,.~.,_,"":;'T"" -"-""=_'_" reviewed the document, or, in the absence of counsel, the party has waives his or her right to counsel. 23. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parties, and there are no representations, waivers, covenants or undertakings other than those expressly set forth herein. 24. MODIFICATION AND WAIVER - A modification or waiver of any of the provisions 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 on strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default for the same or similar nature. 25. PARTIAL INVALIDITY - If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 26. BINDING EFFECT - Except as otherwise stated within, all of the provisions of this Agreement shall be binding upon the respective heirs, next of kin, executors and administrators of the parties. 27. INTENT OF PARTIES - It is the intention of the parties hereto that this Agreement is a complete and final disposition of their property rights and not a mere Separation Agreement. 12 "-'-'L"c"" .- ..."" ". . ~" ~," ., , ~.- ',,"_c"' .., Oi,'"._ =/!,,' ,~",:' '''-r';'~ ,~,~.~,'--~" "',, ~'-"d_",1_'__.illO",,; --~-, ___, ."/"cO:\:,;','cf0",'"""",.",-~-~"" ";', "''' '-&!I 28. INCORPORATION - The parties agree that the terms of this Agreement shall be incorporated but not merged into any Decree of Divorce which may be entered. The parties understand and agree that this Agreement shall survive any such final Decree of Divorce and shall be independent thereof. Said incorporation shall be for the sole purpose of obtaining additional rights of enforcement and the parties understand that the provisions of this Agreement shall not be subject to any modification, unless specifically provided for in the relevant paragraph. 29. ENFORCEMENT - The parties agree that any action necessary by either party to enforce their rights under this agreement against the other shall be filed before the Court of Common Pleas of Cumberland County, Pennsylvania, and, regardless of where any divorce action between them is conduded, both parties hereby stipulate to the jurisdiction and venue of the Court of Common Pleas of Cumberland County, Pennsylvania, for purposes of interpretation or enforcement of this agreement. 30. HEADINGS NOT PART OF AGREEMENT - Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH 13 "i-.' -i-,', - '~;i' _ ~ -, '''''_'O'~''''''''~--_ " '-'h' "" . , PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. r-/t- ~ ~ /I..vt WITNESS t'l.~r~ WITNESS 14 - '-'d'~ , r..!I.IIIIIL,., --~., ;;w'-i'" "" ~," . . . .," ~_J;' ,,,:,,oe, . ",-, ~'.'" .. ",y -",c, .'" .' .~" , . .... "'4 . ,-, "' ~," """''''''''~_'''~''''"'~-'''_ ,~. -.,"",,,0 ;<-"""'_",, ,,,, ",. "", ~ -.", ,,^ ,~" ~.~ (") C)"- C:") C L_' "",-j -"'" c:J < "'tJtj] r-) .-:1 \1'1;--': ."~1 /''71 2: c: ,. , ,_. ~2:~> r.,j C C .--;:) ~ C~, .'_.~ , , <C. C=J 5" C) c: .::,-, L. :~f1 E. .-j ~ -<. I v -, ~~ ~ 00 . .. ~,Vv- (,.,r7( C Tv AGREEMENT FOR CHILD SUPPORT AND ALIMONY AGREEMENT made this %-d. day of September, 2000, by and between JEFFREY LEE POTTINGER, hereinafter called "Husband," and MAUREEN GAY POTTINGER, hereinafter called "Wife." WITNESSETH: WHEREAS, in consequence of disputes and unhappy differences, the parties are separated and living apart from each other; and WHEREAS, the parties desire to confirm their separation and make arrangement in connection therewith; and WHEREAS, seven children were born of the marriage; IT IS THEREFORE AGREED: 1. Husband shall pay to Wife the sum of Four Hundred Dollars per child per month for each child under the age of eighteen (18) and residing with Wife as child support. The parties presently have four children under the age of eighteen (18) years residing with Wife, and Husband will pay Wife the sum of One Thousand Six Hundred Dollars ($1,600.00) per month in child support. Child support for each child will stop when each child graduates from high school or reaches age eighteen (18), whichever occurs first. 2. Husband shall pay to Wife the sum of Four Hundred Dollars ($400.00) per month in alimony. This shall remain in effect until the first of the following events occurs: ..' <=> .~, "'---"' .' , , .-,'~.-, ..;,-;i-h,O , ;", ""~--" -;-~~,;:" "'b,"""""~ ." ,,'., ., .~. ("~,';;-. C -;,;'.'~ " ,~:j.h;"""""", , "'.- ,.,.'."...,. . a. Wife remarries. b. Wife receives her first monthly payment from Husband's military retirement benefits. c. The death of either party. 3. Neither party shall be responsible for payment of post-high school expenses for any child. 4. Husband shall maintain health insurance coverage for himself and for the parties' minor children until their eligibility for medical/ dental benefits expires, through his United States Navy provided medical/ dental benefits or through the United States Navy's TRICARE PRIME for medical coverage and the United Concordia Plan for dental coverage. The parties shall divide equally any liability for the children's unpaid medical bills. Husband shall be solely responsible for any unpaid medical/ dental bills of his own. 5. Upon the issuance of a decree in Divorce, Wife shall maintain her own separate medical and dental insurance coverage, either by maintaining/reacquiring her military insurance benefits, or through private insurance. Wife shall be solely responsible for any unpaid medical/ dental bills of her own. ,;':,.::)'~;;,'-c;".;'.".~.;",;-',. " '~_:"_'~:~' -, >--~,., ""--,,.'<.',., . '_-'",~'" -'f"-- '.f"""~i",;_ 6. This Agreement shall be enforceable through the Domestic Relations office of Cumberland County, Pennsylvania, or through any other enforcement tribunal at Wife's sole election. IN WITNESS WHEREOF, and intending to be legally bound, the parties have hereunto set their hands and seals the day and year first above written. e.G~ t:,,4A WITNESS /'~~~~ WITNESS ",- -L ~~~-~"J4 ~ ~ > . ~~ ~- ~ _~,_,<,,,.,~c <' CO"~ _,<_~" ~"~,,.. ".~.... ,-'-.. ... (") -ot~ ;f.' ~lE.~. ):~;; r~ s=;~j z :;;I ,~ c:) :::> :;.') ,--t I , r; j,,-; __~J::i ,-- , <;:~;~~ ~];--:1 :J> :r..1 -< "TJ .-"1;.. U1 (.;> " ,~,,~''''',j-''''''I'''''"''-''''~''"''1ll1l'OlJ ~- " , ~ -, "~ ,~---- "-~ ~. ~-'~~_lIil.""., 1 ~.'" JEFFREY LEE POTTINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CMLACTION - LAW VS. NUMBER: tl\-l.S1S CML TERM NAUREEN GAY POTTINGER, Defendant IN DNORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of an appropriate divorce decree: 1. Ground for divorce: Irretrievable breakdown under @3301(c) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of complaint: April 5, 2000, by certified mail. 3. Complete either paragraph (a) or (b): (a)(l) Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by plaintiff: September 8,2000; by defendant: September 8,2000. (a)(2) Date of execution of the Waiver of Notice of Intention required by @3301(c) of the Divorce Code: by plaintiff: September 8,2000; by defendant: September 8,2000. (b)(l) Date of execution of the affidavit required by @3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the respondent: Filed: ; Served: 4. Related Claims Pending: No claims raised. 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Lli<!'~~~-.~' ~~ ~ ~m~',..~~~ _.. ,.../l> ... .~ -,~ ~""'""''''~' -j"IiL1iirl;,i:l\.f,j. . (b) Date plaintiffs Waiver of Notice in g330 1 (c) Divorce was filed with the prothonotary: September 14, 2000. (c) Date defendant's Waiver of Notice in S3301(c) Divorce was filed with the prothonotary: September 14,2000. ~~-. ~~~ CHARLES E. PETRIE ATTORNEY FOR PLAINTIFF "~i '-.~lli~,*,-l.>OHHE-;t;"d",,"-,-r,",'~";;~"'-",-Ji~_~h'6i~~~i"iC'.Loi1'lli.Ibil'_"~~~.111i w. 1_, ,_ ~"""'h",'''~" __ .~,.." ~~... .- '.',.'" ,,,., .~ . ". -~ -, ~ _......~ ;. - '""'- . ~.~" ~. '-f:;W t .. . ....---' C) 0 ,"_,1 c: C:-, . 5.~ :::~ nVGJ n 'frj'" "."of , T! Z:T ,f:'~ z: ~'. (f) P,) ;'j '".1 -< ..,<. '.-) )-, r::: 0 - -~ -'~j :P -0 :H (') :J,"..: ,~.) Z C- D 5>c 0 rT~ :7 ---{ ::::t LI1 ~:>. -< (.0 JJ -< Ii: ~ " '~"'= I.... ,.. " ~ -, - - - - :~". " - '. fJ(Jd-6576 ~ , , IN THE COURT OF COMMON PLEAS OF'THE FIFTY-NINTH JUDICIAL DISTRICT OF PENNSYLVANIA JEFFREY LEE POTTINGER, Plaintiff . COUNTY BRANCH - CAMERON . . MAUREEN GAY POTTINGER, Defendant CIVIL ACTION T L{'-W F~ ' ," i i NO. 2000-2115 \ \ \ \ i \ I I :-~.. I I' :..: ORDER OF COURT \ \ ~.. ,C) . AND NOW, September 15, 2000, upon consideration ~f br~ci~ to irl:lnsmit . VS. . . r'"} . \.w record; and, upon review, the Court noting that the parties are requesting approval and incorporation of a marriage settlement agreement in the divorce, that the parties are the parents of minor children to which the marriage settlement agreement does not speak; that this Court is not inclined to approve a divorce between a non-residents of Cameron County where there are children and no arrangements made with regard to the custody/support of said children; IT IS THEREFORE ORDERED AND DECREED that the request for entry of divorce decree is denied and the proceedings transferred to the County of Cumberland, where the action originally could have been initiated pursuant to PaRC.P. No. 1920.2(c). Cost of transfer are imposed upon the plaintiff and shall be paid within 20 days from date of entry of this Order. BY THE CO RT: T e and Correct Copy .tied from the . rds of Cameron Co. ne. Judge Ve , - J&llWl-t , . IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY Fifty - Ninth Judicial District NO: 00- 2115 RECORDED: 03/30100 BOOK: PAGE: 0 KIND: DIV DEBT: $ SURCHARGE: PRO: JCP FEE: SAT DATE: 0.00 10.00 40.50 5.00 09/15/00 <PLAINTIFF> 1 POTTINGER JEFFREY LEE <DEFENDANT> 1 POTTINGER MAUREEN GAY MARCH 30, 2000 - Plaintiff's Complaint in Divorce filed by CHARLES E. PETRIE, ESQ. SAME DATE: Certified copy of Complaint with endorsement thereon to plead to same, issued for service upon the defendant. Verification and Affidavit of Non-Military Service filed. SEPTEMBER 13, 2000 - Affidavit of Service, certified card, Plaintiff's and Defendant's Affidavits of Consent, Plaintiff's and Defendant's Waivers of Notice of Intention to Request Entry of a Divorce Decree and Praecipe to Transmit the Records filed ($9.00 fee paid) . SEPTEMBER 19, 2000 - Order of Court filed. And Now, September 15, 2000, upon consideration of praecipe to transmi record; and, upon review, the Court noting that the parties are requesting approval and incorporation of a marriage settlement agreement in the divorce, that the parties are the parents of minor children to which the marriage settlement agreement does not speak; that this Court is not inclined to approve a divorce between a non-residents of Cameron County where there are children and no arrangements made with regard to the custody/support of said children; It Is Therefore Ordered and Decreed that the request for entry of divorce decree is denied and the proceedings transferred to the County of Cumberland, where the action originally could have been initiated pursuant to Pa.R.C.P.No. 1920.2(c). Cost of transfer are imposed upon the plaintiff and shall be paid within 20 days from date of entry of this Order. BY THE COURT: Isl Vernon D. Roof, President Judge certified copy of Order sent to Atty. Petrie. True and Correct Copy" certified from the Records of Cameron Co. ~n~Af~) . ~":;~ . .,.~ , .MiL -, ~- ~"n:. '.' JEFFREY LEE PO'ITINGER, Plaintiff vs. IN THE COURT OF COMMON PLEAS CAMERON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW rftrMBER: 2006 -;1/} b MAUREEN GAY PO'ITINGER, 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 o~h~r ::' g claim or relief requested in these papers by the plaintiff. You majldse' I ;,'" money or property or other rights important to you, including cus~odyor ::' visitation of your children. i \ _, ~.~ When the groun~ for the divorce is indigniti~s or irretrie,:able I \; breakdown of the marrIage, you may request marrIage coUnSelmgft l[$t of marriage counselors is available in the Office of the Prothonotaliy, SJ ~ Cameron County Courthouse, Emporium, PA. r._?S; : ".- ~~1 ."; . -) ~- " -'] ~--u IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DMr'J. -DANIEL J. REED, PROTHONOTARY CAMERON COUNTY COURTHOUSE EMPORIUM, PA 15834 frue and Correct Copy (814) 486-3355 certified from the . Records of eameron Co. /1:~~ ~~honotary _i"""'~ ""'-"-",ll JEFFREY LEE POTIINGER, Plaintiff vs. IN THE COURT OF COMMON PLEAS CAMERON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NuIiBER: 2000 - .( /I ~ MAUREEN GAY POTIINGER, Defendant IN DIVORCE COMPLAINT UNDER SECTION 330lfcl OF THE DIVORCE CODE 1. Plaintiff is JEFFREY LEE POTTINGER, who currently resides at 282 Ridge Hill Road, Mechanicsburg, County of Cumberland, Pennsylvania, since October, 1998. r--.,:) (~ c';) ~ r---..r-:'l I I I I 2. Defendant is MAUREEN GAY POTTINGER, who cur1e~tly U resides at 282 Ridge Hill Road, Mechanicsburg, County of Cum~er 8.f1d, 'r', 1-; C' ':~.J n (11 Xl Pennsylvania, since October, 1998. 3. Cl Ul Plaintiff has been a bona fide resident in the Commonwealth '~.O for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on July 2, 1977, in Columbus, County of Franklin, Ohio. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. True and Correct Copy certified from the .' Records of Cameron Co. @ <j!;;o/lil/v ;j( A1) rothonotary ~ "<fI,'<te 7. Plaintiff has 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 is a member of the Armed Forces of the United States of America. 9. After ninety (90) days have elapsed from the date of service of this Complaint, plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting ti a[ divorc8 after ninety (90) days have elapsed from the date of service of ~hi~" f; Ii, u I i .'"_ Complaint, plaintiff respectfully requests the Court to enter a 1e9r;e of:: , . divorce pursuant to Section 3301(c) of the Divorce Code. c,_. f) 1.1 0 on I verify that the statements made in this Complaint are true and <.'1 (') n; -~ <--1 ',-, , -:.J ,"U correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: ()f ;Jilt /av ;~~/ - True and Correct Copy certified from the ~ of ,,"","0" Co ~ czf~mtU?) Prothonotary ~ ~-4.t.~e"d~ CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 ATTORNEY FOR PLAINTIFF .~~,~ , : ' ,", ;. ;-, .- ~1"" "~~-;,. -hi;"""- . , JEFFREY LEE PO'ITINGER, Plaintiff IN THE COURT OF COMMON PLEAS CAMERON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. , NlAIBER: 2000 -;/. )I.~ MAUREEN GAY PO'ITINGER, Defendant IN DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE I, Plaintiff herein, do hereby depose and say that I am advised and believe that the above named Defendant is not presently in the active military service of the United States of America and I aver that the Defendant is not a member of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and is not an officer of the Public Healt~ Service detailed by p~oper au~ority for du~ wl:th the~ Army or Navy; nor IS Defendant engaged In any mIlItary or Navy rrpts, :c:;: covered by the Soldiers and Sailors Civil Relief Act of 1940 and 1'; : ; designated therein as military service; nor has Defendant, to the b~st of ~~ my knowledge, enlisted in the military service covered by this ac . I .'. Thi.s .Affidavit is made under the provisions of the Soldiers fa Id tJ ~, Sailors ClVlI Relief Act of 1940. 1 S'J CJ <.n c: PJ :'"] :" ) '. , >;(3 I verifY that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. /1 __' ...... ,~_ c.1f /Fj~Ll.. cl['CC .~ ~ .I?;fc~ -,., DATE EE POTIINGER True and Correct Copy certified from the Records of Cameron Co. enna. . A-" --. " -~, ~ . " ._ ,0. '~" --,,. . , JEFFREY LEE POTIINGER, Plaintiff IN THE COURT OF COMMON PLEAS CAMERON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 2000-2115 MAUREEN GAY POTIINGER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the D!iv~rce C~ was filed on March 30,2000. ! i. L' I i (~ I , 2. The marriage of plaintiff and defendant is irretrievably broken i[nd ninety days have elapsed from the date of filing and service of theictmPlai~_:. 3. I consent to the entry of a final decree of divorce after, s~rvlce qI; notice of intention to request entry of the decree. I I u (" .- r....., ~'J . ) " u I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to au rities. DATE: 1 ~ tlO SWORN TO AND SUB~ED BEFORE ~THIS DAY OF ~~. , 2000. ~~Q.J.,ki_ OTARY P BLIC MY COMMISSION EXPIRES: ../1 "t-Icfi; '::-iQj.J' Ol, , I rue and Correct Copy certified from tht \ Records of Camon-'~-~.",'."TO ....It. uu. ' "" DA. 9id . . -0' ~~) ~;:;;/-/Z)- Prothonotary ~ :~-~ - .~" "iilI!Jf , , JEFFREY LEE POTIINGER, Plain tiff IN THE COURT OF COMMON PLEAS CAMERON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 2000-2115 MAUREEN GAY POTIINGER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 30,2000. ! I .' r:~ 2. The marriage of plaintiff and defendant is irretrievably broken :ahd ninety days have elapsed from the date of filing and service of the! C?mplaifiJ, 3. I consent to the entry of a final decree of divorce aft) s~rvjce df notice of intention to request entry of the decree. 1 I "; ?": I verify that the statements made in this affidavit are true ~4 cprre~i I understand that false statements herein are made subject to the penafties-JOf 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. (.-'f"l ~'-) DATE: ?/2/00 SWORN TO AND SUBSCRIBED BEFORE~ THIS 'B'+L. DAY OF o~ ' 2000. ~~ &(X)\ . ~M!; "~ ~~ ,~ . , . , JEFFREY LEE POTIINGER, Plaintiff IN THE COURT OF COMMON PLEAS CAMERON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 2000-2115 MAUREEN GAY POTIINGER, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce withou~ npt~ce. f~ I ,- r ,) 2. I understand that I may lose rights concerning alimOny'ldi~ision of property, lawyer's fees or expenses if I do not claim them before 1 d~vorce is- , w granted. I I ,- ?': 3. I understand that I will not be divorced un~l a divorce dedre~j is ~..~ entered by the Court and that a copy of the decree WIll be sent tal ;Je ~ '0'::; immediately after it is filed with the prothonotary. ... I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: 65rtlO True and Correct Copy certified from the Records of Cameron Co. ~)y3-~ Prothonotary ~ ""--' . ~ ,.,.'-..;",,;, .~--., ....n , ~.. l.J ~~ i _^ - - ~ - v ~, ~"'-' , '. 4 \, ',- JEFFREY LEE POTIINGER, Plain tiff IN THE COURT OF COMMON PLEAS CAMERON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 2000-2115 MAUREEN GAY POTIINGER, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce withou1 nptic,e. r:c.~ '. f' ~ i! '-' 2. I understand that I may lose rights concerning alimonY'llditrision o~ property, lawyer's fees or expenses if I do not claim them before a: d~'vorce is' granted. I ; .~" (,,) f I "":'""3 3. I understand that I will not be divorced unt~l a divorce 4ectee; is ;~ entered by the Court and that a copy of the decree Will be sent t9 ~e [" c~ immediately after it is filed with the prothonotary. ;.u ~ ~-)r~ , , -, ;->---'LJ I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE, ~ (fJ ~--~ MAUREEN GAY POTII DEFENDANT True and Correct Copy certified from the Records of Cameron cO. ~ ~AJ:zf~~ - - . honotary ~ - ~, " ",",..- ~ -:-";''"--l~'~-o- < '. , (,) ,. JEFFREY LEE POTIINGER, Plaintiff IN THE COURT OF COMMON PLEAS CAMERON COUNTY, PENNSYLVANIA CMLACTION - LAW VS. NUMBER: 2000-2115 MAUREEN GAY POTIINGER, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of an appropriate divorce decree: ..., i I -.-.' = ,--:- . 1. Grou~d for di:vorce:. Irretrieva?le breakdown under ~3301(c) ~tithe '-, Divorce Code. (Strike out mapphcable section). I : '. ..,j , . i . 2. Date and manner of service of complaint: April 5, 2000, by J' ~ certified mail. ' i i 11' C3 I . " i Sj Ul -i-- Co.) 3. Complete either paragraph (a) or (b); (a)(l) Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by plaintiff: September 8,2000; by defendant: September 8, 2000. (a)(2) Date of execution of the Waiver of Notice of Intention required by ~3301(c) of the Divorce Code: by plaintiff: September 8,2000; by defendant: September 8, 2000. (b)(l) Date of execution of the affidavit required by ~3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiff's affidavit upon the respondent: Filed: ; Served: 4. Related Claims Pending: No claims raised. 5. Complete either (a) or (b): True and Correct ~~ate and manner of service of the notice of intention to file certif~tYi9.'i9J< tt19 traniimit record, a copy of which is attached: Records of Cameron (.;0. a. -'-'--"._,"'- ,-..~ ~ . -j . , , , .--J ,-;0. 'i \I:i&'" - , . ... , .. t, ,.. (b) Date plaintiffs Waiver of Notice in 9330 1 (c) Divorce was filed with the prothonotary: September 14,2000. (c) Date defendant's Waiver of Notice in 93301(c) Divorce was filed with the prothonotary: September 14, 2000. t"~ &. ~7t;- CHARLES E. PETRIE ATTORNEY FOR PLAINTIFF ! .. ....~ ~~ ('~', t-:J r.-~ ! 4.:.':'> i (,-') I . . I -'~J , I <...> , I I , :--"" , I , , I ,~1 r:':::J , I -~ 01 '. _'_J .;..- r-'u True and Correct Copy Certified from the . Records of Cameron Co. >'.-_.. '" " . ,,"---_. '"" .' ~ .. , t,' l.' "" JEFFREY LEE POTTINGER, Plain tiff IN THE COURT OF COMMON PLEAS CAMERON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 2000-2115 MAUREEN GAY POTTINGER, Defendant IN DIVORCE AFFIDAVIT OF SERVICE CHARLES E. PETRIE, Esquire, being duly sworn according to law, deposes and states that he served a true and correct copy of the NqTlpE,TO~ DEFEND AND CLAIM RIGHTS, COMPLAINT UNDER SECTION 330i(c), and ~3 MILITARY AFFIDAVIT, upon Maureen Gav Pottinger. defendant, in th~ abovd~~ captioned matter, by mailing a true and correct copy of same by U.S. fertifid Mail, return receipt requested, Article Number Z 196 837 586, postage ~rt1Pa).d, 6rl April 3. 2000, to the following address: i ~~ 1"- 0 Name: Maureen Gay Pottinger I s en ~ ~.fiJ ~: . -"4 , ., ;->'0 Address: 282 Ridge Hill Road, Mechanicsburg PA 17055 Defendant personally received said documents on April 5. 2000, as evidenced by.her signature on the certified mail return receipt card which is attached hereto and marked Exhibit "A". I verify that the statements in the foregoing Mfidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. T .~ .. ~.r: '.-,." -,-...~. SENDER: COMPLETE THIS SECTION . Complbte Items 1, 2, end 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece. or on the front if space permits. 1. Article Addressed to: . . >>-, " ~ &.~ . PETRIE ~OR PLAINTIFF D, Is delivery address d' If YES, enter delivery a d o Agent o Addressee m Item 11 Cl Yes below: Cl No x , Service Type pc Certified Mall 0 Express Mail [J Registered Cl Return Receipt for Merc o Insured Mall 0 C.O.D. 4, Restricted Delivery? (Extra Fee) J( Yes True llfld CorreGt Copy oortlfied from the ~ gf CemfKOn Co. 2. Article Number (Copy ftom service label) Z 196 837 586 PS Form 3811 , July 1999 Domestic Return Receipt 102595-99-M-1789 ~~"'~'ill\'~f'iiil~~~~.~"'~. iiiIiIiiiIrf""''';," d,= ~I..; . '.,,', 1 .__ . "@ ~5 (); t+:- W ~ - ~ ~ ~ 8 ~ ~ -, ~ ,,"'~. -~< 0 0 0 c 0 <'" -" ~fo U') fi1:n_ ~1 ~:;; "-::J ;J? ''0 '-::J!n 0,-4 -("I c:r (--1,[ r:: CJ _.'~~j(J ~8 -0 ~:~i :3.: r.- '''? .. '~,.J ~:," -." ::;;! w "'" .z:- :D -< I!:' ,<"""~"~~",,,..'- '1 =~"- -~. ~;._.~ ~-l'" JEFFREY LEE PO'ITINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V8. MAUREEN GAY PO'ITINGER, Defendant NUMBER:M-'.S,,, CIVIL TERM IN DIVORCE SOCIAL SECURITY INFORMATION SHEET PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a)(3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITY NUMBER PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE DATE: September 27. 2000 DOCKET NUMBER: l'ltl-ld';,~ CIVIL TERM PLAINTIFF/PETITIONER SS# Z~\. 5l,,-1~1l NAME: JEFFREY LEE POTTINGER DEFENDANT/RESPONDENT SS# ZCoCl-ul.\-fiIO<.o NAME: MAUREEN GAY POTTINGER