HomeMy WebLinkAbout00-07508
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
ROY D. FELLER.
Plaintiff
No. 2000-7508 CIVIL TERM
CIVIL ACTION - LAW
VERSUS
DEBORAH A. FELLER.
IN DIVORCE
Defendant
DECREE IN
DIVORCE
AND Now,Jt:bru 2-'.... '1
I
2001
, IT IS ORDERED AND
DECREED THAT
ROY D. FELLER
, PLAINTIFF,
AND
DEBORAH A. FELLER
, 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;
The Marriage Settlement Agre~ment dated October 4, 2000 and signed by the
parties is hereby incorporated into this Decree, but not merged.
BYTHE CO~
ATTES
PR THONOTARY
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this Ii ~ day of October, 2000, by and between
DEBORAH FELLER (hereinafter referred to as "WIFE") and ROY D. FELLER (hereinafter
referred to as "HUSBAND").
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully married on December 28,1977, and
separated on or about Oc.\-.:.~Cl.Y l.t , 2000, 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 hereto are desirous of settling fully and finally their
respective fmancial and property rights and obligations as between each other, including, without
limitation by specification; the settling of all matters between them relating to the ownership and
equitable distribution of real and personal property; the settling of all claims and possible claims
by one against the other or against their respective estates and equitable distribution of property
and alimony for each party.
The parties hereto agree and covenant as follows:
1.
The parties intend to maintain separate and permanent domiciles and to live apart from
each other. It is the intent and purpose of this Agreement to set forth the respective rights and
duties of the parties while they continue to live apart from each other.
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2.
The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party, It is the intent
of the parties that such division shall be final and shall forever determine their respective rights,
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
3,
Further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, injure, threaten or interfere with the other party in any matter whatsoever. Each
party may carry on and engage in any employment, profession, business or other activity as he or
she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the
uses, ownership, enjoyment or disposition of any property now owned and not specified herein
or property hereafter acquired by the other.
4.
The consideration for this contract and agreement is the mutual benefit to be obtained by
both of the parties hereto and the covenants and agreements of each of the parties to the other.
The adequacy of the consideration for all agreements herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
Each party to the Agreement acknowledges and declares that he or she, respectively:
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(1) is represented by counsel, (Irwin, McKnight & Hughes for HUSBAND) of
his or her own choosing; or if not represented by counsel, understands that he or
she has the right to counsel; WIFE chooses not to be represented by counsel, and
by initialing this page acknowledges her right to be represented by counsel;
~ /O/~o ;
(2) is fully and completely informed of the facts relating to the subject matter of
this Agreement and of the rights and liabilities of the parties;
(3) enters into this Agreement voluntarily after receiving or having opportunity to
receive advice of counsel;
(4) has given careful and mature thought to the making of this Agreement;
(5) has carefully read each provision of this Agreement; and
(6) fully and completely understands each provision of this Agreement, both as to
the subject matter and legal effect.
This Agreement shall become effective immediately as of the date of execution.
5.
It is the purpose and intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
qualifY as marital property under the Pennsylvania Divorce Code, Title 23, Section 3301(e), 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. The division of existing
Marital Property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other
property not constituting a part of the marital estate,
Page 3
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It is the further purpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
6,
Each party represents and warrants that he or she has made a full and fair disclosure to
the other of all of his or her property interests of any nature, including any mortgage, pledge,
lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each
party further represents that he or she has made a full and fair disclosure of all debts and
obligations of any nature for which he or she is currently liable or may become liable. Each
further represents and warrants that he or she has not made any gifts or transfers for inadequate
consideration of Marital Property without the prior consent of the other.
Each party acknowledges that, to the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marriage.
7.
REAL ESTATE: WIFE agrees to transfer all right, title and interest which she may
have in the real estate situate at 533 South Bedford Street, Carlisle, Cumberland County,
Pennsylvania to HUSBAND and releases all claims which she may have regarding said real
estate in accordance with this paragraph, HUSBAND agrees to pay the outstanding mortgage
payments and hold WIFE harmless from any obligations on said mortgage and indemnify her if
any claim is made against her. HUSBAND also agrees to have the WIFE'S name removed from
the mortgage and any other encumbrance against the property within six (6) months from the
date of this Agreement. WIFE agrees to sign a deed conveying her interest in said property to
HUSBAND. HUSBAND further agrees to be solely responsible for any tax liens against the
property and for payment of all insurance and real estate taxes both current and delinquent and
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hold WIFE hannless from any obligations for said taxes and indemnify her if any claim is made
against her.
HUSBAND agrees to allow WIFE to rent the studio located in the detached garage
situate at 533 South Bedford Street. HUSBAND agrees to waive the monthly rental payment of
Five Hundred and 00/100 Dollars ($500.00) per month until August 31, 2002. WIFE agrees to
pay the electric bill for the studio. After that date WIFE shall begin making the monthly rental
payment of Five Hundred and 001100 Dollars ($500.00) per month until such time as WIFE or
HUSBAND deem it necessary for WIFE to move her studio to another location. HUSBAND
agrees to give WIFE thirty (30) days notice to move her studio to another location, likewise,
WIFE agrees to give HUSBAND thirty (30) days notice that she is moving her studio to another
location.
HUSBAND and WIFE signed an apartment lease which will be WIFE'S new residence.
WIFE agrees to be responsible for all lease payments and bills relating to the rental property.
WIFE agrees to remove HUSBAND's name from the Lease after the Marriage Settlement
Agreement has been signed.
8.
PERSONAL PROPERTY: The parties agree that the personal property has been
divided to the parties' mutual satisfaction.
WIFE hereby waives all right and title which she may have in any personal property of
the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property
of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any
claim or right of the other party, all items of personal property of every kind, nature and
description and wherever situated, which are then owned or held by or which may hereafter
belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of
same as fully and effectually, in all respects and for all purposes as ifhe or she were unmarried.
Page 5
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9.
AUTOMOBILES: The parties hereby agree that WIFE shall retain the 1998 Honda
CRY which is currently in her possession. HUSBAND hereby waives all right, title and interest
in the car which is currently in possession of WIFE. HUSBAND hereby agrees to make the
lease payments on WIFE's car until the lease ends on August 31, 2002. HUSBAND hereby
agrees to pay insurance on WIFE's car until August 31, 2002. If WIFE trades car in for another
vehicle WIFE shall hold HUSBAND harmless for any and allliabi1ity associated with the use
and purchase of said vehicle she may in the future own, and shall be solely responsible for all
insurance and other [mancial responsibility associated with said vehicle. The parties hereby
agree that HUSBAND shall retain the 1989 Chevrolet Pickup Truck which is currently in his
possession. WIFE hereby waives all right, title and interest in the car which is currently in
possession of HUSBAND. HUSBAND shall hold WIFE harmless for any and all liability
associated with the use and purchase of the car and any vehicle she may now or in the future
own, and shall be solely responsible for all insurance and other financial responsibility associated
with said vehicle.
10.
INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life
insurance policies on the life of HUSBAND or WIFE shall be their own, HUSBAND agrees to
transfer to WIFE the entire Retirement Account Inc. 40lk that he currently owns. (The value of
said retirement account as of the date of this Agreement is approximately $104,433.52,)
HUSBAND also agrees to transfer to WIFE the entire Roadway Express 401k retirement account
that he currently owns, (The value of said retirement account as of the date of this Agreement is
approximately $68,463.10.) HUSBAND shall maintain all his Roadway pension (dollar value as
of January 2000, at approximately $97,000.00 Dollars. WIFE waives all right, title and claim to
Page 6
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HUSBAND's employee benefits with the exception of what is specifically divided herein, and
HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits.
HUSBAND agrees to take any and all action necessary and to cooperate in the removal
of his name as a beneficiary or owner from any and all pension, profit sharing or other retirement
accounts which WIFE may currently possess. Similarly, WIFE agrees to take any and all action
necessary and to cooperate in the removal of her name as a beneficiary or owner from any and all
pension, profit sharing or other retirement accounts which HUSBAND may currently possess.
11.
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND not otherwise provided for herein. HUSBAND agrees to WIFE maintaining the
current joint savings account with an approximate value $8~887 .52. HUSBAND agrees to waive
all right, title and interest which he may have in the savings or checking or any other bank
accounts of WIFE not otherwise provided for herein, HUSBAND agrees to cooperate in closing
or removing WIFE'S name from any and all joint accounts held and any fmancial institution
within fifteen (15) days ofthe execution ofthis Agreement. Similarly, WIFE agrees to cooperate
in closing or removing HUSBAND'S name from any and all joint accounts held and any
financial institution within fifteen (IS) days of the execution of this Agreement.
HUSBAND and WIFE further agree that HUSBAND shall keep and maintain any and all
interest in the Sterling Tax Credits. WIFE hereby agrees to transfer and waive any and all right,
title and interest in said Sterling Tax Credits. WIFE agrees to take any and all action necessary
to cooperate in the transfer and removal of her name from the Sterling Tax Credits.
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12.
MARITAL DEBTS: The parties hereby agree that the HUSBAND shall assume all
liability for any and all debt which currently exists relating to his Roadway Retirement Benefits
and TCU Credit Union.
HUSBAND further agrees to take all measures necessary to remove WIFE's name from
any and all of the above-listed accounts and transfer them into HUSBAND's name alone within
thirty (30) days from the date of this Agreement as necessary. WIFE agrees to cooperate in
removing her name from said accounts if necessary. HUSBAND further agrees to indemnify
and hold harmless WIFE from any and all debt which may now or may hereafter be incurred to
said accounts.
It is mutually agreed by and between the parties that WIFE shall assume all liability for
aiJ.d pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of
separation. WIFE represents and warrants to HUSBAND that since the parties' marital
separation she has not contracted or incurred any debt or liability for which HUSBAND or his
estate might be responsible and WIFE further represents and warrants to HUSBAND that she
will not contract or incur any debt or liability after the execution of this Agreement, for which
HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND
harmless fi'om any and all claims or demands made against him by reason of debts or obligations
incurred by her. WIFE shall assume all liability for and pay for and indemnify HUSBAND
against all credit card debt incurred by WIFE after the date of separation,
HUSBAND shall assume all liability for and pay and indemnify the WIFE against all
debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants
to WIFE that since the parties' marital separation he has not contracted or incurred any debt or
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liability for which WIFE or her estate might be responsible and HUSBAND further represents
and warrants to WIFE that he will not contract or incur any debt or liability after the execution of
this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnifY
and save WIFE hannless from any and all claims or demands made against her by reason of
debts or obligations incurred by him. HUSBAND shall assume all liability for and pay for and
indemnifY WIFE against all credit card debt incurred by HUSBAND after the date of separation
13.
SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to
pay support to the WIFE. WIFE will not provide any financial support to the HUSBAND. The
parties also waive any right they have to receive alimony or alimony pendente lite payments
from the other following the entry of the Divorce Decree in this matter,
14,
DIVORCE: The parties both agree to cooperate with each other in obtaining a final
divorce of the marriage. It is agreed that the parties will execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the party who is seeking the divorce.
15.
BREACH: If either party breaches any provisions of this Agreement, the other party
shall have the right, at his or her election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract should
be responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
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16,
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 any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
17.
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have either been fully explained to the parties by their respective counsel, or have been fully
reviewed and understood if not represented by counsel, and each party acknowledges that the
Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the
result of any duress or undue influence. The parties agree that unless otherwise specifically
provided herein, this Agreement shall continue in full force and effect after such time as a final
Decree in Divorce may be entered with respect to the parties. The parties further agree that the
terms of this Agreement shall be incorporated into any Divorce Decree which may be entered
with respect to them, It is the parties' intent that this Agreement does not merge with the Divorce
Decree, but rather shall continue to have independent contractual significance. Each party
maintains his or her contractual remedies as well as court ordered remedies as the result of the
aforesaid incorporation or as otherwise provided by law or statute, Those remedies shall include,
but not be limited to, damages resulting from breach of this Agreement, specific enforcement of
this Agreement and remedies pertaining to failure to comply with an order of court or agreement
pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set
forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or
hereafter enacted.
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18.
ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein,
19.
APPLICABLE LAW: This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
20.
PRIOR AGREEMENTS: It is understood and agreed that any and all property
settlement agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
21.
PAYMENT OF COSTS: Each party shall be responsible for their own attorney's fees
incurred in the settlement of the divorce and economic issues surrounding this divorce.
22.
WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and all rights he or she may now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in the property or the estate of the other as a result of the
marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the Will of the other, and right to act as
Page 11
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administrator or executor of the other's estate, and each will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may be necessary or advisable to carry
into effect this mutual waiver and relinquishment of all such interests, rights and claims.
IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day
and year first above written,
WITNESSES:
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(SEAL)
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DEBORAH FELLER
Y-haA4X- ~~J_-,
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RO . FELLER
(SEAL)
Page 12
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COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this ~ 'I-h day of October, 2000, a
Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland,
DEBORAH FELLER, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Y\:~ ~a:LfWJ2
SS:
Notarial Seal
Martha L. Noel, Notary Publlo
Carlisle Bora, Cumberland CountY
My Commission Expires Sept. 18, 2llO3
Member, Pennsylvania ASSO(:ie,j,itY "':f NlJtarles
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this 4'~ day of October, 2000, a
Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, ROY
D. FELLER, known to me (or satisfactorily proven) to be the person whose name is subscribed
to the within Marriage Settlement Agreement, and acknowledges that he executed the same for
the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
~~Ji2 vnMJ
Notarial Seal 'I'
Martha L. Noel, Notary Public
Carlisle Boro, Cumbe~and County I
My Commission Expires Sept. lB, '!C03 ,
''''-<-''''-'
"'~"iber, Pennsylvania Association of Nolml\;1s
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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
January 31. 2001
DATE:
DOCKET NUMBER:
2000-7508 CIVIL TERM
PLAINTIFF~ SS# 193-44-8729
NAME:
ROY D. FELLER
DEFENDANT~ SS # 207-46-7832
NAME:
DEBORAH A. FELLER
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ROY D. FELLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-7508 CIVIL TERM
DEBORAH A. FELLER,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a divorce decree:
I. Ground for Divorce: irretrievable breakdown under Section 330 I( c) of the Divorce Code.
2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon
the defendant, Deborah A. Feller, on October 30, 2000, by certified, restricted delivery mai~ addressed to her at
1116 Redwood Drive, Carlisle, Pennsylvania 17013, with Return Receipt Number 7099 3400 0018 4997 2336.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce
Code: by plaintiff: January 23 200 I; by defendant: January 23, 200 I.
(b)(I) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code:
(b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant:
4. Related claims pending: NONE.
5. Complete either (a) or (b).
(a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record,
a copy of which is attached:
(b) Date plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: February 5,2001.
Date defendant's Waiver of Notice in Sectio 3301(c) Divorce was filed with the
Prothonotary: February 5, 2001.
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ROY D. FELLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLV ANIA
v.
CIVIL ACTION - LAW
2000-7~ CIVIL TERM
DEBORAH A. FELLER,
Defendant
IN DIVORCE
NOTICE
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 in 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 divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013.
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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
1-800-990-9108
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AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Cumberland 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 the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
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ROY D. FELLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000- 7So 1 CIVIL TERM
DEBORAH A. FELLER,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c)
OF THE DIVORCE CODE
NOW comes the plaintiff, Roy D. Feller, by his attorney, Mark D. Schwartz, Esquire,
and files this complaint in divorce against the defendant, Deborah A. Feller, representing as
follows:
1. The plaintiff is Roy D. Feller, an adult individual residing at 533 South Bedford
Street, Carlisle, Pennsylvania 17013.
2. The defendant is Deborah A. Feller, an adult individual residing at 1116 Redwood
Drive, Carlisle, Pennsylvania 17013.
3, The defendant has been a resident of the Commonwealth of Pennsylvania at least six
months prior to the filing of this action in divorce.
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4, The plaintiff and the defendant were married on December 28, 1977 in Stroudsburg,
Pennsylvania, and separated on or about October I, 2000.
5, There have been no prior actions of divorce or for annulment between the parties.
6. There were no children born to this marriage.
7. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon
which this action is based that the marriage between the parties is irretrievably broken,
8, The plaintiff avers that he has been advised of the availability of counseling and that
said party has the right to request that the court require the parties to participate in counseling.
WHEREFORE, the plaintiff demands judgment dissolving the marriage between the
two parties.
Respectfully submitted,
By:
HT & HUGHES
ark D. Schwartz, Esquire
Attorney for Plaintiff
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court I.D. No. 70216
Date: October~, 2000
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VERIFICATION
The foregoing Complaint in Divorce is based upon information which has been gathered
by my counsel and me in the preparation of this action, I have read the statements made in this
Complaint and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
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Date: October lto , 2000
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ROY D. FELLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000- CIVIL TERM
DEBORAH A. FELLER,
Defendant IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The plaintiff, being duly sworn according to law, deposes and says:
I. I have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and I participate in counseling.
2, I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C,S. Section 4904 relating to
unsworn falsification to authorities.
Date: October {Co ,2000
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-7508 CIVIL TERM
DEBORAH A. FELLER,
Defendant
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 330l(c) 'of the Divorce Code was filed on
October 24, 2000.
2. The maniage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of the filing of the complaint.
3. I consent to the entry of a final decree in divorce.
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.
I verifY that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa, C, S, Section 4904 relating to
unsworn falsification to authorities.
Date: January 2.3 ,2001
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ROY D. FELLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-7508 CIVIL TERM
DEBORAH A. FELLER,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(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! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verifY that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: January 13 , 2001
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RdY D. FELLER
Plaintiff
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-7508 CIVIL TERM
DEBORAH A. FELLER,
Defendant
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 330l(c) of the Divorce Code was filed on
October 24, 2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of the filing of the complaint.
3. I consent to the entry of a final decree in divorce.
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.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C. S, Section 4904 relating to
unsworn falsification to authorities.
Date: January~, 2001
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DEBORAH A. FELLER
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-7508 CIVIL TERM
DEBORAH A. FELLER,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted,
3, I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa, C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: January cJ..3 , 2001
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DEBORAH A. FELLER
Defendant
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
DEBORAH A. FELLER,
Defendant
IN DIVORCE
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CIVIL ACTION - LAW
2000-7508 CIVIL TERM
AFFIDAVIT OF SERVICE OF COMPLAINT
PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(O
COMMONWEALTH OF PENNSYLVANIA
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NOW, Mark D. Schwartz, Esquire, being duly sworn according to law, does depose and
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state:
1. That he is a competent adult and attorney for the plaintiff in the captioned action in
divorce.
2, That a certified copy of the Complaint in Divorce was served upon the defendant,
Deborah A, Feller, on October 30, 2000, by certified, restricted delivery mail, addressed to her at
1116 Redwood Drive, Carlisle, Pennsylvania 17013, with Return Receipt Number 7099 3400
001849972336
3. That the said receipt for certified mail'is signed and attached hereto and made a part
hereof.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penaltie of 18 Pa. C. S, Section 4904, relating to
unsworn falsification to authorities.
ARK D. SCHWARTZ, ES
Attorney for Plaintiff
Date: February 5, 2001
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U.S. Postal Service .. I
CERTIFIED-MAIL RECEIPT ...c,
(Domestic Mail Only; No Insurance Coverage Prov;ded) "
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Postage $ ,11
Certified Fee \,Lle -
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Return Receipt Fee l. ?.G Here
(Endorsement Required)
~stricted Oelivety Fee 2.7$ ,
(Endorsement Required)
Total Postage & Fees $ (',11
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.=I"" Recie!ent's Name (please Print Clearly) (to be completed by mall,")
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"fft;eet,"-;:pi::-;vo.;"or.PC/BOx"j;jo:--_....nnn_nnnnT..no..nu.._n..._k.__~_.n______
g: 1116 REDWOOD DRIVE
CJ -Cii;;sraie:zip:j.4.--n.------"--.~.-..--_n~n.n-.---u--n.nn.n......-----.:-,~-~-_.
f"- CARLISLE PA 17013
PS Form 3800, February 2000 see ReVeIs9 for fnstr~
Complete items 1, 2, and 3. Also complete
item 4 if Restri(;;ted 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 mailplece,
or on the front if space permits.
1. Article Addressed to:
D. Is delivel)' address different from item 1?
If YES, enter delivery address below:
o Agent
o AddreS$ee
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MS DEBORAH A FELLER
1116 REDWOOD DR
CARLISLE PA 17013
3. Service Type
i3i Certified Mail
o Registered
o tnsured Mail
o E:xpress Mail
rJ: Return Receipt for Merchandise
o C.OD,
. Restricted Delivery? (Extra Fee
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2. Article Number (Copy from service label)
7099 3400 0018 4997 2336
PS Form 3811, July 1999
Domestic Retum Receipt
10259S-99-M-17S9
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ROY D. FELLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
2000-7508 CIVIL TERM
DEBORAH A. FELLER,
Defendant
IN DIVORCE
Date: January cJ2;3 ,2001
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DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT
The defendant, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
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DEBORAH A. FELLER