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HomeMy WebLinkAbout00-07761 . . . . . ~ ~~ ~ ~ ~ ~ ~~ ~ ~~~ ~~~~~ ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . STATE OF . Debra K. Butler . Plantiff . VERSUS Thomas C. Butler . Defendant . . . . . AND NOW, PEN NA. No. 7761 of 2000 DECREE IN DIVORCE ~IAAJ Y ,.. , ~ol , IT IS ORDERED AND DECREED THAT Debra K. Butler , PLAINTIFF, Thomas C. Butler . AND , 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; Attached Agreement is incorporated but not merged . . . r'~~' ~ I' I'" -~ ,~"" ",' ~ BY TH> COURT. J PROTHONOTARY . . . . . . "'''' :t' :f.:f.:f. '" ">,- r.o, ,. ~- -."' ."-' J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' .iir~'; '~O.~",,",_.l'lillitdll!i6!lli:'fI"- II! - ~">iiII!oiill:llI:~iW-"';' "_.,~, "Ji i I !I II I' , , I >fr"_!!l~~~" . ~~,~~.~ .- ?;; .tJ/ 9;;Jor ~~ liilIliIIIilllilif .v..._' .- . ~ ',,' Iid- ~.';<e~zi; ~~ ~ '71~ #t~ Z ~- ,- ~ - --- "' ~ , POSTNUPTIAL AGREEMENT o (::> <:;~ IT, ~ ~, THIS AGREEMENT, made th~LO day of ( , 2001, by and ~eeii' - ~5.~~' f'-,J l, Debra K. Butler, hereinafter referred to as "Wife", and Thomas C. Butler, he~inafrer .'.~ .:<! <...) -< referred to as "Husband", '.:\ WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 11, 1983 in Camp Hill, Cumberland County, Pennsylvania; and WHEREAS, two children Taira Coryn Butler ( d.o.b. June 28, 1983 ) and Thomas Charles Butler(d.o.b: February 9,1986), were born of this marriage; and WHEREAS, certain differences have arisen between the parties as a result of ~~~~oo~.~~~~~~~~~~ another, and are desirous, therefore, of entering into an Agreement which will distribute their marital property in a manner which is considered to be an equitable division of all joint property, and will provide for the mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, there has been a complete disclosure of the earnings and property of each party, and each understands his/her rights under the Divorce Code of the Commonwealth of Pennsylvania; and WHEREAS, the parties hereto, have been informed on their right to legal counsel and Wife has retained John M. Glace, Esquire and Husband knowingly, willingly and intellectually electing not to retain counsel have come to the agreement, which follows: 1- ~ ~~ . , NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound, covenant, promise and agree as follows: 1. Separation. It shall be lawful for each party at all times hereafter t live separate and apart from the other .party at suchpJace that he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness of the causes leading to their living apart. 2. Interference. Each party shall be free from interference, authority and contact by the other, as fully as if he or she sere single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful ,existence, separate and apart from the other. 3. Wife's Debts. Wife represents and warrants to Husband that since the filing of the Divorce Complaint on June 30,2000 she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and 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. 4. Husband's Debts. Husband represents and warrants to Wife that since the filing of the Divorce Complaint on June 30, 2000 he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and 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. 5. Outstanding Joint Debts. The parties acknowledge and agree that they have no outstanding debts and obligations incurred prior to the signing of this Agreement, except the first mortgage on the marital residence. In the event that either party contracted or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof, regardless of the name in which the account may have been charged, and such party shall indemnify, defend and hold the other party harmless from any claim or demand made against that party by reason of such debt. 6. Equitable Distribution of Marital Property. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the fact that it is the first marriage for Husband and Wife; the age, health, station, amount and sources of income, vocational skill, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for Mure acquisitions of capital assets and income; the Sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including -;1 1 ~ I' "1'--, - ~,., - , the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 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 divi$ion is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. Distribution of Personal Property. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them. The parties mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and the Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to e in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of the Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of their own individual pension or other employee benefit plans or retirement benefits of any nature to which either party may have a vested or contingent right or interest at the time of the signing of the Agreement, and neither will make any claim against the other for any interest in such benefits, except as stated herein. Both Parties acknowledge that the other has through various and divers employers accumulated a pension or retirement instrument(s).. Both parties at execution of this Agreement shall be deemed owners in the entirety of their individual pensions/retirement instruments and shall name their shared children as beneficiaries. Further both parties hereinafter waive their right to full disclosure of any pension or retirement instrument and acknowledge that they have the right to demand such disclosure. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and property which is in their possession or control, pursuant to the Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property ,whether real or personal, ~~~ ~l' '" whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B Distribution of Real Estate. Wife is the sole owner of 118 North 2nd Street, Borough ofWormleysburg, Cumberland County, Pennsylvania., which was re-financed through Countrywide Home Loans. Wife agrees that, notwithstanding the indicia of her sole ownership, that said real estate was the marital home. Further she has agreed to lease that property to Husband with the intent to transfer deed to him fully and solely on or after February, 2001. The parties have reached an agreement as to this distribution of marital real estate which is attached hereto as Exhibit "An. and made part hereof. Both parties acknowledge entering into this Agreement knowingly and intellectually. Both parties intend that all terms and conditions of this Agreement be enforceable through this Post-Nuptial Agreement. This Agreement at Exhibit "An is understood to be bilateral. C. Distribution of Uquid Assets. The parties have agreed that prior to execution of this Post-Nuptial Agreement they have divided to their mutual satisfaction and agreement all other liquid assets, including, but not limited to, all checking, savings, and investment accounts. Both parties by their herebelow signatures acknowledge that they have made full disclosure of all liquid assets accumulated throughout the course of the marriage, either individually or as a joint asset. . 7. Vehicles. Notwithstanding Paragraph 6 of the Agreement, Husband shall retain possession and ownership of the 1988 ChrevoletVan, 1981 Honda Motorcycle and 1979 Kobia (boat) presently in his possession. Wife hereby transfers all of her right, title and interest in said vehicle to Husband. Notwithstanding Paragraph 6 of this Agreement, Wife shall retain possession and ownership of the 1995 Geo Prism presently in her possession. Husband hereby transfers all of his right, title and interest in said vehicle to Wife. 8. Alimony. Both parties acknowledge and agree that the provisions of the Agreement providing for equitable distnbution of marital property as fair, adequate and satisfactory to them, and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support or alimony. Each party shall indemnify, defend and hold the other harmless against any future action for either support or alimony brought by or on behalf of the other, such indemnity to include the actual counsel fees of the defendant in any such future action. . 9. Custody. Custody of the parties' minor children shall be joint legally. Primary custody will be with Wife with reasonable partial custody and visitation available to Husband. 10. Support. Both parties agree. pursuant the above recitals to waive their ~ights to both spousal support and child support. In the event that an Order of support is Issued by any Court having jurisdiction, this Agreement is nullified and that superseding Order of Court shall be deemed merged with this Agreement. , "'_ 'T'" .. I'" - " -~ ~ 11. Mec:licallnsurance. Husband and Wife agrees to maintain health, dental, and eye insurance for minor children as long as they maintains his present . employment. Parties agree to coordinate coverage to allow for optimal coverage without any overlapse. 12 Medical Bills Parties agree to share and pay equally all medical, dental and optometric bills of the children not covered by either Wife's or Husband's health insurance. The cost not covered by insurance will be shared equally between parties. Parties shall maintain health insurance for all minor children. Minor child shall mean under eighteen (18) years or a full-time student not to be over twenty-four (24) years. 13 Education. Husband and Wife mutually represent that their children may wish and desire formal education beyond normal high school completion. Both parties hereto shall contribute, in proportion to their financial ability to do so at the time of such formal education, and taking into consideration the children's own income, assets, and college financial aid, to the direct costs Of such education, including but not limited to tuition, room and board, other living expenses, transportation, and books of the child. The term "formal education" shall mean college (four years of undergraduate study), or other legitimate and reasonable formal vocational or other education following high school. Husband shall, however, have the right to make payment directly to the college or other educational institution and need not make such payments to or through Wife. 14 Alimony Pendente Lite, Counsel Fees and Expenses. Husband and Wife acknowledge and agree that the provisions of the Agreement providing for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them. Both parties shall accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses, or any other proVision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. Each party shall be responsible for his or her own counsel fees, and each agrees to indemnify, defend and save the other harmless from any action commenced against the other for alimony pendente lite, counsel fees and/or expenses. 15 Divorce. A Complaint in Divorce has been filed to No. 00-7761 in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 201 (c) of the Divorce code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of the Agreement by the proceeding party, there shall be no defense to such action asserted. 16. TIme of Disbibution. The assets and interests to be transferred under and pursuant to the Agreement shall be conveyed and transferred to the respective parties immediately upon the execution of this Agreement. All spousal support and other such obligations, including alimony, shall immediately terminate. The parties shall cooperate by executing whatever documents are necessary to effectuate a divorce under Section -",- 1 __~ q "ut 'I :-'1 ,. " 201 (c) or 201 (d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be enforceable by an assumpsit action for specific performance. However, upon refusal to consent, all distributed property shall be retumed to the party originally in possession, until the time of final decree. 17 Release. Subject to the provisions of the Agreement, each party has released and discharged, and by the Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release, indemnify (including actual legal fees) and discharge the other of and from all causes of actions, claims, rights, or demands, whatsoever in law or equity, including equitable distribution, spousal support, alimony, counsel fees, alimony pendente lite, and expenses which either of the parties against the other ever had, now has, or may Have in the Mure under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except any and all causes of action for divorce and all causes of action for breach of any provisions of the Agreement. Each party also waives his or her right to request marital counseling, pursuant to Section 202 of the Divorce Code. 18 Waivers 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 Mure laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitations, dower, curtsey, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and any right existing now or in the future under the Pennsylvania Divorce Code as amended from time to time, 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. 19. Rights on Execution. Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married. 20. Breach. In the event of breach of any of the terms of this Agreement, the nonbreaching party shall be paid, as part of any award or judgment against the breaching party, all costs, including actual counsel fees paid to his or her attorney. 21. Incorporation in Final Divorce. The terms of this Agreement shall be incorporated, but shall not merge, in the final divorce decree between the parties. This Agreement shall survive in its entirety resolving the spousal support, alimony, property and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligations of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. i"'" "I ----~ 22. Additionallnstrumen1s. 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 t the provisions of the Agreement. 23. Separability. In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdictions, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. 24. Entire Agreement. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants and undertakings other than those eiCpressly set forth herein. Husband and Wife acknowledge and agree that the provisions of the Agreement with respect to the distributions and division of marital and separate property are fair, equitable and satisfactory to them, based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of the Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 401 (d) of the Divorce code or any other laws. Husband and Wife each vOluntan1y and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waver by either party of any rights to seek the relief of any court for the purpose of enforcing the proviSions of the Agreement. 25. Modification and Waiver. A modification or waiver of any of the proviSions of the Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to. insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 26. Intent It is the intent of the parties by this Agreement to fully and finally foreclose any resort to the courts for relief on the basis of any statute or case law presently existing or which may exist at some time e in the future within the Commonwealth of Pennsylvania, including but not limited to equitable distribution, alimony and other relief under the Pennsylvania Divorce Code, as amended. This Agreement has bee n drafted and accepted on the basis that such resort would constitute a breach under the Agreement, entitling then nonbreaching party to reimbursement for actual counsel fees. Other than as provided by the terms of the instrument, it is intended that the court shall treat the parties as if they had never entered into a marital relationship. This Agreement shall be interpreted and governed by the laws of the Commonwealth of Pennsylvania and. where such law is inconsistent, the terms of this instrument shall govern. 27. VOluntary Execution. The provisions of the Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. j The parties acknowledge that they have been - cy,,~ '1 '1-:- , ,- = ~ I ., ,~ . furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 28. Descriptive HeadingS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 29. Agreement Binding on Heirs. This Agreement shall be binding and shall inure to the benefit of the parties hereto, and their respective heirs, executors, administrator, successors and assigns. 30. Reconciliation. Notwithstanding a reconciliation between the parties, this _Agreement shall continue to remain in full force and effect absent a writing signed by the partieS stalirigtnal this-Agreementis-null and void. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WI Debra K ~ el3;A r1 Thomas C. Butler ,- 'f"-~" f' I ' - '"'1'__''' ., " " . '':'<.''0/'" - 1- ,-.' '-'1 -_"'1 ' 'Exhi6it "j\" T~ . CONTRACT FOR LEA8E TO QliN '32tJo ~ I, Debra K. Bu~i~r, 8.8.# 17~~52-957gi~q here~x ~ease to own the property at l1a'tIT, .2nd ST.Wormlexspurg,pa.. 17043, to Thomas C. Butler, 8.8'#'191-42-8550 ,~ ,-,." :__..~-r~J .'., The terms of the lease are as follows; The payments of the lease.are to be made to the mortgage holder, Countrywide Home Loans,Account # 4191487-0. The term of the lease is for thirty eight (38) montha. starting on December 2000. and ending on February 2004. At the end of this lease Thomas C. Butler, 8.8.#191-42-8550, has to ; . J::~)1!l:l~!:,$J.&q~,Ji<l1$tco;: '~.Q~M' . ,;'F'''''''''''''- ." -""" . - ,-, ....,. .,. ~* -"""~~ ...c~'~_'('~~~,'~'~j, ~~"t"o-'/~'i-~~\'..;~:t'F.':,.~,';:~" ..._:._-".l,oo"~~"'J ... 6Q!l3!""(liff."d'~~f<,~,_",_'{~~:~~jt;,,7'tl-:?' .... ., . .....,. 52;.;c9578.At thi!"tilile, '1, Debra K. Butler, 8.:3.#178-52:"'95:78; will si~n said house at 118 N. 2nd 8t. Wormleysburg,Pa. 17043 over to Thomas C. Butler 8.8.#191~42~8550, free and clear If Thomas C. Butler 8.8.#191-42-8550, misses two payments back to back on this lease the house reverts back to Debra K. Butler 8.8.#178-52-9578 If Debra K. Butler 8.8.#178-52-95Ja,tries to $~~l $~ia~~tlse at 118 N. 2nd St. Wormleysburg,Pa. 17Q43, or break this lease in any way, she has to repay in double every payment Thomas C. Butler 8.S.#191-42-8550, has made on the lease up to that time.' ::::: ~~~tm . ~~ Date /;).tfloQ Le~ers. 'i<ea:;:<e ,~e,e~. ~a~e /P - d9'-0t7 ... Leas~.ss~:"'-'''' ::'l\ .~ ,'~,.. ,L.,. ,,"' ",,.E ,..,. S"".~"..,<,..""....-, . -' . ~)-.,.' -~"'~':::-"'P'';'L___: ; _-. : ___~ ,,5_ . i......":'::--...-!";~J".,'-g;:.~'~c~~~,~:_;!1.-"l';','t".:~.~,1'..-~-i:s.'i<JI.:--~;c';.':_,,-~,,:;..:'~,o . - __,.:--~.;._~,:.._<;~.t:~. ," ~ -"_' _' ';. __ _'~.-:'':_:~-'!''.~'l':''t,<_;~~--''j-:_.;: ,_.:-':''Y-.~~_'....-c_- . '--' '-"_~::', { ?'f '1 r fJ-rrl . . ; -'~ , b f- () I r~.::.:.<'fi1.~,. l~ ~c- ~ ~ (t ~~4 'P~-"v . -4"_ _ .. .~ '-;:",'p_ 4.'''' ....~. '"..... / ..,.--"V""\~~ ....- '"", ;",.'. .... - ",,~",,-...- . . /./ .-...... ~."" ..;- . ........1.'llL.u~-~l>.&;" ,'"'" -cV'." . ~HiJI-:'--.on;I\i, ~ 1.(.~~PubHc . ~lW>.19~ DEBRA K. BUTLER, Plaintiff IN THE COURT OF COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA v. No. 00-7761 CIVIL THOMAS C. BUTLER, Defendant CIVIL ACTION - DIVORCE PRAECIPE to TRANSMIT RECORD TO THE PROTHONOTARY: Kindly 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: Personal Service on November 13, 2000 3. Date of Execution of Affidavit of Consent required pursuant to Section 3301(c) of the Divorce Code: a By Plaintiff: July 20, 2001 b. By Defendant: July 20, 2001 4. Related Claims Pending: All outstanding economic issues have been resolved between parties as stated in the incorporated Postnuptial Agreement 5. Date of Plaintiff's Waiver of Notice in Section 3301(c) Divorce filing with Prothonotary: July 20, 2001 6. Date of Defendant's Waiver of Notice in Section 3301(c) Divorce filing with Prothonotary: July 20, 2001 Respectfully Submitted, THE LAW OFFICE Jo Su 132-134 WaIn lace, Esquire e ourt J.D. 23933 S 1, Harrisburg PA 17101-1612 717) 238-5515 Attorney for Plaintiff JOHN M. GLACE , --T ~:' I" , ~- .,. ~, . DEBRA K. BUTLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No'Od-77GI ~ THOMAS C. BUTLER, Defendant CIVIL ACTION - DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend yourself 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 for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including visitation of your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request counseling. A list of marriage counselors is available in the office ofthe Court Administrator, Fourth Floor, Cumberland County Courthouse, Carlisle, P A. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 A LAWYER AT ONCE. IF YOU DO NOT HA VB 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 COURT ADMINISTRATOR'S OFFICE Fourth Floor, Cumberland County Courthouse One Courthouse Square Carlime,PA..17013 (717) 240-6200 ,1U~f.,_ - r~- -II ~~" .~-l~",". v. IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Pv- 171,/ C4;J"'"C...- DEBRA K. BUTLER, Plaintiff THOMAS C. BUTLER Defendant CIVIL ACTION - LAW IN DIVORCE Complaint in Divorce - I~J AND NOW this l-./ day of November, 2000 comes Plaintiff DEBRA K. BUTLER, by and through her attorney, John M. Glace, Esquire, and seeks to obtain a Divorce upon the grounds hereinafter more fully set forth: 1. The Plaintiff is adult individual who now resides at 425 7th Street, New Cumberland, Cumberland County P A 17070. 2. The Defendant is an adult individual who resides at 118 North 2nd Street. Wormleysburg, Cumberland County, PA 17043 3. Plaintiff and Defendant were in Lower Allen Township, Cumberland County on August 11, 1984. 4. Both Defendant and Plaintiff have been continuous residents of the Commonwealth Pennsylvania for more than six (6) months. 5. There have been no prior actions for Divorce or Annuhnent between parties in Pennsylvania or any other jurisdiction. 6. Defendant and Plaintiff have two (2) children. 7. Neither party is a member ofthe United States Armed Forces nor of any of its allies. '*'"~wr' "-I 8. Defendant has been advised of the availability of counseling and his right to request that this Honorable Court require both parties to participate in counseling. 9. Plaintiff avers that the marriage is irretrievably broken to Section 3301 (c) of the Pennsylvania Divorce Code, Act 206 of 1990. WHEREFORE Plaintiff DEBRA K. BUTLER respectfully prays this Honorable Court enter a Decree from the bonds of matrimony RESPECTFULLY SUBMITTED. THE LAW OFFICE of JOHN M. GLACE Supreme Court 10# 23933 'f'''''~~r -~"" "1 I' ~"':"'" VERIFICATION The Undersigned hereby verifies that the facts averred in the foregoing Complaint in Divorce are true and correct to the best of her knowledge, information, and belief This verification is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unsworn falsification to authorities. ~A/$A- Debra K. Butler f{J--3/- 0 <:) Date -~.r- 'I~~ " I, ;!lll~~III,"Ui&<J>.~l'oE'I,;,"'_,; "li"-"l""'''''''',,,,':;'''''',,,,'lh~!.I0'',,,,,~,,,,"''''_o~_,_,;, ',I".i".' , ',~''';W''';f.,,\l;''_#1.;,:''SJ~J1;,J'Ij':i~j~~.,~.;f,.~,~''",,'''.l''''--''''f~''';'W''''~",.;;";;'l'..,j~!i!...:I;~~I~li:l\u!ii!!iiirii1;-~n~~j ~ ~ 'li c":; ~ .~. _. - ~ ~ 0- .'- - ~ '- '8- (/"{ 0 (~ () 6 ~, CI5 if.' '< ;>-, CI >. f 0::: ;s; ...:I i::; ..e_ U.J~~ a-. e:~ ~:?F'~: i-L:;'~ 4: ()~ {3f~~ ..;r ':J:>' . , ~-;~:~ 1':':::(,- N .,~" rJ) L.~~U_ I ~z -' G:. >~ ;:UdJ 0 ;;c: 0')0- L<- a ~ 0 => 0 () J1~\ ",-,",<,~-"""-~',,,.~~,~~ ~~~ ,.~ '" ~'p-, ' ,,0. ~_I_,_;h' ,~~, ."__ "' H .. DEBRA K. BUTLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-7761 CIVIL v. THOMAS C. BUTLER, Defendant CIVlL ACTION - DIVORCE RETURN OF SERVICE The undersigned hereby certifies that, on the date below written, service ofthe Complaint in Divorce the above-captioned action was made upon Defendant, above named, pursuant to the provisions of Pennsylvania Rules of Civil Procedure, Rules 403 and 404 by hand delivery to said Defendant at his residence. The return receipt evidencing delivery of the Complaint in Divorce is attached hereto as Exhibit "A" The undersigned further avers that he is a competent adult individual and that the averments of this Return of Service are true and correct to the best of his personal koowledge, information, and belief. 11- (j - ~ (;J DATE OF SERVICE I_~l '-'1' --", 'I' I<<>-'->l<~ . .. DEBRA K. BUTLER, Plaintiff IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA No. 00 - 77ft ( Ci {;; ( : v. THOMAS C. BUTLER, Defendant CIVIL ACTION - DIVORCE .., Acceptance of Service I, THOMAS C. BUTLER, accept service of the Divorce Complaint, above docketed, and certifY that I am competent and authorized to do so. /1- /3- {)(} Date of Service ~{!I/J~ t7 THOMAS C. BUTLER I~ Jl"'J' ;lfj ,. "-. ~- ~. ~"-,~<-~ -.'", " 1i 1!I'il "",'m'f,;;w.I"~~\_~!f'1~l!l!1'.r-<<"!I:~W,9'''''~'{i<_~"",~''!'''';';"~'if~I'h''-~~f;i1W)jjfW!l!;~1~i'+llf'}~-<P"",1''''1''-1':'c>i'' -I--~Y''';''-:'-' -. '. ~-~. ~ 'W"?>"!,j' .~, . (') L-:> '.:) ,- C:l ~ -n s:: ;:g rJ' <::> rrr z(:6 ,c") -,"J ;?'?! . .-". ;~...., C!5 '"t" ~. ., ~:--;" rid: . "'-' " "C ""'0 );?'~:t: ~o ,- ...>. :?(~ >0 r::? c (srn ~, .r:- 5"J c,;r> :0 -<; DEBRA K. BUTLER, Plaintiff . . IN THE COURT of COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA v. mOMAS C. BUTLER, Defendant No. 00-7761 CIVIL CIVIL ACTION - DIVORCE .:AfJitfavit of Consent 1. A Complaint in Divorce was filed under Section 3301 (c) on November 2, 2000 and served on November, 2000. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce without notice 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling prior to a Decree in Divorce being handed down by the Court. I verify that the statements made herein 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. Vh/J 7)); ZOO; Date ~ 4 . , 1iN-. C IJ --rdt!c i:;piomas C. Butler 1/ ~~~-f- --I --1 . . " DEBRA K. BUTLER, Plaintiff : IN the COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 00-7761 CIVIL TERM THOMAS C. BUTLER, Defendant CIVIL ACTION - DIVORCE Waiver of :Notice of Intention to 'Request 'Entry of a 'Divorce 'Decree 'Un.der Section 3301 (c) of tFie 'Divorce COM 1. I consent to the entry of a final Decree in 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 pf the Decree will be sent to me immediately after that Decree is filed with the Prothonotary. I verify that the statements herein are made 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. '2 00 I /, I .// ~ /' /,: ~ ./~;j-?~ c! g A" / ;/ Thomas C. Butler ~i 1 ~ -I' , I . , ,--.- ,",~ . DEBRA K. BUTLER, Plaintiff : IN mE COURT of COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA v. THOMAS C. BUTLER, Defendant No. 00-7761 CML CIVIL ACTION - DIVORCE .Jtffiaavit of Consent 1. A Complaint in Divorce was filed under Section 3301 (c) on November 2, 2000 and served on November, 2000. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce without notice 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 5. I have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling prior to a Decree in Divorce being handed down by the Court. I verify that the statements made herein 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. 0'1 ~ 20 , "Zf;tJ I Date I , J:/:;'B!:!~ ,1il:ll '" "' - r . 1- ~-",,- "'" I '- ,~ . - ,~ , , , . v. IN the COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DEBRA K. BUTLER, Plaintiff No. 00-7761 CIVIL TERM THOMAS C. BUTLER, Defendant CIVIL ACTION - DIVORCE Waiver of Notice of Intention to 'Request 'Entry of a 'Divorce 'Decree 'Under Section 3301 (c) of tfie 'Divorce Coae 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifl 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 that Decree is filed with the Prothonotary. I verify that the statements herein are made 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. Ji.b ?lJj tp& I Date il~li,~ Debra K. utler ?""'I, -I . . -"..