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HomeMy WebLinkAbout01-04091 IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF ~ PENNA. '~ DENNIS B. ETTER, ``~ `~ PLAINTIFF VERSUS STEPHANIE BEAR ETTER, DEFENDANT DECREE IN DIVORCE N O. 2001-4091 CIVIL AND NOW,~~IICIJ ~"~'' Z'~ , ~, IT IS ORDERED AND DECREED THAT DENNIS B. ETTER PLAINTIFF, AND STEPHANIE BEAR ETTER ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF REC D INn THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ~hX- THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED OCTOBER 18, 2001 IS INCORPORATED HEREIN AS A FINAL ORDER OF.~C~1~7'. BY THE COURT: ATTEST: J. PROTHONOTARY o~ t DENNIS B. ETTER, Plaintiff v. STEPHANIE BEAR ETTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4091 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ g`~ day of October, 2001, by and between Stephanie Bear Etter, hereinafter referred to as "Wrfe", and Dennis B. Etter, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties are Husband and Wife who were married on April 20, 2001; and, WHEREAS, Husband has instituted divorce proceedings in the Court of Common Pleas of Cumberland County to No. 2001-4091 Civil Term by complaint filed on July 2, 2001; and, WHEREAS, differences have arisen between the parties and the parties have decided that their marriage is irretrievably broken, and it is the intention of the parties to live separate and apart for the rest of their natural lives. The parties are therefore desirous of settling fully and finally their respective financial and property rights and obligations as between each other; and, 1 - ,. ; s WHEREAS, each party is fully familiar with the all of the property owned by the parties and each party acknowledges having sufficient opportunity to investigate and evaluate the property owned by the parties, and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code. NOW, THEREFORE, inconsideration of the mutual promises hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, the parties, intending to be legally bound hereby, do covenant and agree as follows: 1. DIVORCE The parties agree to the entry of a Decree in Divorce pursuant to Section 3301(c)of the Divorce Code, and both parties shall execute and file the requisite Consents and Waivers with the Court contemporaneously with the execution of this Agreement. 2. INCORPORATION BUT NOT MERGER INTO DIVORCE DECREE This Agreement and all warranties and representations contained herein shall be incorporated but not merged into the Divorce Decree. 3. ADVICE OF COUNSEL Husband is represented by Michael A. Scherer, Esquire, who is Husband's separate lawyer. Wife is not represented by legal counsel in this matter but understands she has the right to be represented by her own, separate lawyer. 2 ~ s 4. TANGIBLE PERSONAL PROPERTY The parties have divided between them to their mutual satisfaction all items of tangible personal property which had heretofore been used by them in common and neither party shall make any claim to such properly in the possession of the other. 5. OTHER PROPERTY DISTRIBUTION PROVISIONS A. REAL ESTATE The marital residence is located at 39 Pond Road, Newville, Pennsylvania, and is titled in Husband's name alone. Wife hereby releases any ownership interest she may have gained in the property located at 39 Pond Road, Newville, by virtue of her marriage to Husband. Wife intends to purchase a residence utilizing the Rural Development loan program, and Husband waives any interest he may gain in any residence heretofore owned by Wife. B. WAIVER OF RETIREMENT BENEFITS: The parties waive any interest they may have in any retirement plan in the name of the other spouse which may arise by virtue of the marriage. C. INTANGIBLE PERSONAL PROPERTY: Husband shall pay Wife the sum of $2,500.00 on or before June 2, 2002, for Wife's contributions towards maintaining the marital residence. Aside from the foregoing, the parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts and all other such types of property, and all such intangible property presently in the possession of ortitled in the name of Husband shall be his sole and separate property, and that in the possession or titled in the name of the Wife shall be her sole and separate property. 3 .. 6. DEBTS AND OBLIGATIONS Husband shall be solely responsible for repayment of the loan to American General which financed the purchase of the living room furniture, and Husband shall indemnify and hold Wife harmless for repayment of such obligation. Except as herein otherwise provided, each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable. Each party agrees to indemnify and hold harmless the other from and against all such debts, liabilities or obligations of any kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement. 7. EQUITABLE AGREEMENT Both parties agree that the hereinabove set forth Agreement constitutes an fair distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code. 8. BREACH If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees, actually incurred, from the other as part of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court. 4 9. ENTIRE AGREEMENT a This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 10. COSTS AND ATTORNEYS' FEES Neither party shall reimburse the other for any court costs or filing fees associated with this case, and each party shall be responsible to pay his or her own attorneys' fees, if any. 11. OTHER DOCUMENTATION The parties agree that they shall within ten days of the date of this Agreement execute any and all written instruments or documents required to effectuate the terms of this Agreement. 12. WAIVER OF ALIMONY Husband and Wife do hereby waive, release and give up any rights which either of them may have against the other to receive alimony. WITNESS: q ~~ ~ ~~ Dennis B. Etter Stephanie Bear tter mas,dir/domesticletter.agr ~ ~' C- `- Q ~ r , Z~'' ~-a ~ Z'" ~ . .<; - N ~ ~-' _ - - ~ ~. C . t.? Y C; ~V ~ ~ > f C (L n J ? ~~++~~ C.Q __} _ - _ ::,5!$~~4s~[~°AFsW-'~~3?-°.A~S~~:RI~.tMaa^vKY~3~~.r~;pGflei DENNIS B. ETTER, v. IN 7HE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE BEAR ETTER, Defendant NO. 2001-4091 C1VIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: Ground for divorce: irretrievable breakdown under Section 3301(c) of the divorce code. 2. Date and manner of service of the complaint: The Defendant signed an Acceptance of Service form on July 7, 2001. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301(c) of the divorce code: by the plaintiff October 18. 2001 ; by the defendant October 6.2001 (b) (1) Date ofexecution ofthe plaintiffs affidavit required by Section 3301(d) of the divorce code N/A (2) Date of service of the plaintiffs 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 plaintiffs waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: October 22.2001 Date defendant's waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: October 22. 2001 -~ " `' Michael A. Scherer, Esquire Attorney for the Plaintiff, Dennis B. Etter o ~ ~' _ ~. -~ ~, o ~~ ~, f ~- ~_,~ r., - _~ _ N ~~ W; ., --~ ~ ~ W cA> ~ w 3 f~ s ~) DENNIS B. ETTER, v. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO.2001- ~Fo9t CIVIL TERM STEPHANIE E. ETTER, Defendant CIVIL ACTION-LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 DENNIS B. ETTER, Plaintiff v. STEPHANIE E. ETTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 2001- Y09/ CIVIL TERM CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301tC) AND 3301(D) OF THE DIVORCE CODE 1. Plaintiff is Dennis B. Etter, an adult individual who currently resides at 39 Pond Road, Newville, Cumberland County, Pennsylvania. 2. Defendant is Stephanie E. Etter, an adult individual who currently resides at 199 Barnstable Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 20, 2001, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in Counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, O'BRIEN, BARK & SCHERER /L Michael A. Scherer, Esquire I.D.# 61974 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff, Dennis B. Etter mas.dir/domesticldivorceletter.com It ~ VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ~~ Dennis B. Etter Date: ~ ~'~~~ DENNIS B. ETTER, Plaintiff V. STEPHANIE E. ETTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4091 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this 7`~ day of.iuly, 2001, I, Stephanie E. Etter, Defendant above, hereby accept service of the Complaint filed in the above case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. tephanie E. Etter O ~_~, ~ , 1 ~ N O - - a ,- N L ~~. ~v DENNIS B. ETTER, v. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4091 CIVIL TERM STEPHANIE BEAR ETTER, Defendant CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on July 2, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: /~ '/ 8' ~'/- E~ ~ c Dennis B. Etter ~, . ; _ ~. -~~:; a -_ ;~ c . . ua F ~. ~~, ~• -<. N ~~ cs~<: f6 DENNIS B. ETTER, v. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE BEAR ETTER, Defendant NO. 2001-4091 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on July 2, 2001. 2. Defendant acknowledges receipt and accepts service of the Complaint on July 7, 2001. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: / y[~ ~ ~~~~1._~ T Stephanie Bear Etter f~? ~='a [._.. © ~ _ ~4 ~ Q Z.~: '~' cr ` s ~' ` i ~r:: - ? 1 - ~~~ =~7 ~~ir: G M w . '~ _ ~V ~ ~~ . r `~ DENNIS B. ETTER, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE E. ETTER, Defendant N0. 2001-4091 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ORDER OF COURT AND NOW, this ~ day of , 2001, the Defendant's name in the above-caption being incorrectly identified, the caption is amended to set forth the Defendant's name as Stephanie Bear Etter. BY TH E ~~ ~~ ~ ,.;~ _. , ~:''ll.) .:i;, DENNIS B. ETTER, Plaintiff V. STEPHANIE E. ETTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4091 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE STIPULATION Michael A. Scherer, Esquire, Attorney for the Plaintiff, Dennis E. Etter, and the Defendant, Stephanie Bear Etter, incorrectly identified in the Complaint as "Stephanie E. Etter," hereby stipulate and agree that the Court should change the Defendant's name in the caption, as set forth below: DENNIS B. ETTER, Plaintiff V. STEPHANIE BEAR ETTER, Defendant Michael A. Scherer, Esquire DATE: ?. io. o r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 2001-4091 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE tephanie Bear Etter DATE: // a mas.dir/domestic/divorce/etter.stp CERTIFICATE OF SERVICE I hereby certify that on July ~~ , 2001, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of a Stipulation, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Stephanie Bear Etter 199 Barnstable Road Carlisle, Pennsylvania 17013 Jenn fe S i say IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVlC. ACTION - LAW Plaintiff ;, vs. Defendant File N o . `~'0 0 (~ ~.-~~ ~ IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the ~5-`I~day of~~~-~LjRr ~~, hereby elects to resume the prior surname of ~jQ~- and gives this written notice pursuant to the provisions of 54 P.S. § 704. DATE:-~'-1-r s a~ '.. ~ l~L.l9~~" Signature Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND On the ?j} S~ day of yL-~ l~.<.~ ~Zwi before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. ~ a ~_~ .,®ms~o® 8 VN6 - - 1 YBLIC` v -AY i00~ `~s V C G c3 ~t ~ ~. .r~'. ~; ~r y~. ~~ ~; ~'_ ~~~ ~s=- (1 Y'3 { _ 4 .amr-'~-~~s9~4i ._-~F~rr~ a,.. .~:..m: e-~reF~~§~ i, ,~a=~r~ss~tt~g~3.,.