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HomeMy WebLinkAbout01-04836i IN THE COURT OF COMMON PLEAS MARK L. WETZEL Plaintiff N O. 01-4836 CIVIL VERSUS SARAH K. WETZEL, Defendant DECREE IN DIVORCE AND NOW, \ ~GI/ ~"~ ~~~D I, IT IS ORDERED AND DECREED THAT MARR L. WETZEL PLAINTIFF, SARAH R. WETZEL 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; None The Post-Nuptial Agreement dated December 7, 2001 is hereby incorporated but not merged into this Decree. BY THE COURT: ATTEST: ~' II J, PROTHONOTARY ...• =` YR~t. xrtarxlm_r~;~kzs^empa~s. d.~cn~r,asa..~~!"~~n~? ~: POST-NUPTIAL AGREEMENT T( THIS AGREEMENT made and entered into this 7 day of nft~~, 2001 by and between: MARK L. WETZEL of 116 Victoria Drive, Mechanicsburg, Cumberland County, Pennsylvania, parry of the first part, hereinafter called "Husband", AND SARAH K. WETZEL of 622 B Bridge Street, New Cumberland, Cumberland County, Pennsylvania, party of the second part, hereinafter called "Wife' ; WITNESSETH: WHEREAS, Husband and Wife were married to each other on November 22, 1997 in Cumberland County, Pennsylvania; and WHEREAS, during their marriage the parties accumulated various assets and property which is more fully itemized and identified in a certain list or schedule attached hereto mazked "Exhibit A" and incorporated herein by reference thereto; and WHEREAS, certain differences have azisen between the parties, as a consequence of which they have separated and now live separate and apart from each other; and WHEREAS, on or about August 16, 2001, Husband commenced an action in divorce docketed at No. 01-4836 in the Court of Common Pleas of Cumberland County, Pennsylvania (hereinafter called "Divorce Action"). The Complaint in the Divorce Action was served upon Wife on August 23, 2001 via certified mail; and WHEREAS, Husband is represented by Philip H. Spaze, Esquire of the firm of Snelbaker, Brenneman & Spare, P. C. and Wife is represented by Michael S. Travis, Esquire, a sole practitioner; and WHEREAS, the parties having a full opportunity to be advised of their respective rights, duties and obligations arising out of the marriage and each having a full opportunity to investigate and evaluate the assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs. NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION.. The parties agree that the items of property set forth in "Exhibit A" are all of the assets which they acquired during their marriage and which would be the subject of equitable distribution if submitted to a court for division under the provisions of the Pennsylvania Divorce Code. The parties declare and agree that they are familiar with said assets and hereby waive the evaluation thereof, although each party declares that she/he has had full opportunity obtain such evaluation. 3. DIVISION OF ASSETS. Upon execution of this Agreement, or as otherwise set forth hereinbelow, the parties agree to divide, allocate, retain and/or transfer the assets shown on "Exhibit A" as follows (the items numbers refer to the corresponding numbers on "Exhibit -2- A"): A. ASSETS TO HUSBAND The marital home known and numbered as 116 Victoria Drive, Mechanicsburg, Pennsylvania along with any insurance policies and accounts related thereto; 2. Furniture, household goods, and any other tangible personal property currently in Husband's possession, with the exception of the parties' dog, Casey, alab/beagle mix, who shall remain jointly owned by the parties pursuant to their verbal agreement; 3. Husband's interests acquired during the marriage and increase in value, if any, in pension and retirement benefits from his current employer and former employers, including but not limited to the 401(k) plan; 4. 1995 Nissan Pathfinder; and 5. Bank accounts or deposits in other institutions in Husband's name. B. ASSETS TO WIFE 6. Furniture, household goods, any other tangible personal property currently in Wife's possession; 7. 2000 Volkswagen Jetta; 8. Wife's interests acquired during the marriage and increase in value, if any, in pension and retirement benefits from her current employer, the Commonwealth of Pennsylvania and former employers; Bank accounts or deposits in other financial institutions in Wife's name. 4. MARITAL DEBT. Parties acknowledge and agree that there is no outstanding marital debt at the time of this Agreement except the mortgage loan from M & T Bank with a remaining principal balance of approximately $98,300.00 as of November 2001. -3- 5. MARITAL HOME. Concurrently with the execution of this Agreement, Wife shall execute a deed transferring all of her right, title and interest in the marital home known and numbered as 116 Victoria Drive, Mechanicsburg, Pennsylvania to Husband in exchange for the payment of Five Thousand Dollazs ($5,000.00). Husband shall be solely responsible for all expenses related to the marital home and shall indemnify and hold Wife harmless for any costs associated with the marital home. By executing this Agreement, Wife also transfers to Husband any of her interest in the homeowners' insurance policy on the marital home and the escrow account held with the mortgage lender. Within six (6) months of the date of this Agreement, Husband shall obtain a release of Wife's obligation for the mortgage, or, in the alternative, he will refinance the mortgage in his name only so as to remove Wife from any mortgage obligation. In the event neither of the two alternatives occur within the given time frames, the marital home shall be promptly listed for sale with a reputable real estate broker at or below its fair market value and shall be sold as soon as practicable. In the event the marital home is sold, Husband shall be solely responsible for any and all costs and expenses related to the sale and Husband shall receive the net proceeds from the sale of the home. 6. FUTURE OBLIGATIONS. The parties agree that any and all obligations incurred subsequent to the date of this Agreement, shall be the sole and separate liability and responsibility of the party incurring the obligation and each party agrees that he/she will not incur or attempt to incur any obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and all liability arising from such future -4- ,s obligation. 7. RELEASE OF RIGHTS UNDER DIVORCE CODE. Except only as specifically provided to the contrary hereinabove in this Agreement, each parry hereby waives and forever releases the other party of and from any and all claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs and expenses, except that the performance of any obligations created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 8. INDIVIDUAL PROPERTY. Excep~ only as maybe nrn~~;u~d specificaily to the contrary hereinabove, each party shall retain all property, real, personal and otherwise, which is presently titled in his or her name and ownership, whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and each party hereby expressly releases the other of and from any and all right of equitable distribution in and to said individually owned property of such other party. 9. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever dischazge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be -5- done by such other party prior to the date hereof, except that this release shall in no way exonerate or dischazge either party from the obligations and promises made or imposed by reason of this Agreement. This Agreement shall not be construed to affect or bar the right of either party to an action for the enforcement or performance of this Agreement which maybe instituted pursuant to the remedies available under the Pennsylvania Divorce Code. 10. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post- Nuptial Agreement shall survive any action in divorce which maybe instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement maybe enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 11. VOLUNTARY EXECUTION. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective attorneys. Each party acknowledges that this Post-Nuptial 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. The parties acknowledge that they have been furnished with all information relating to the fmancial affairs of the other to the extent same has been requested by each of them. 12. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or -6- undertakings other than those expressly set forth herein. 'The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and safisfactory 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 this Agreement with respect to the division of property in lieu of and in full and fmal 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 the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a wain er by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 13. WAIVER. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. 14. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 15. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. 17. BREACH. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the -7- right, at his or her election, to sue for damages for breach thereof, to sue for specific performance or to seek any other legal remedies as may be available, and the defaulting parry shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 18. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 19. COUNSEL FEES, COSTS AND EXPENSES. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 20.1NDENINIFICATION. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well- founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid -8- same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 21. MODIFICATION. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 22. SEVERABILITY. If any provision of this Agreement is held by a Court of competent jurisdictic ~ ~ ~ be void, invalid ar u~enforeeable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 23. COOPERATION. The parties hereto shall from time to time, cooperate with one another and execute, acknowledge and deliver any and all further documents or instruments that maybe reasonably required to give full force and effect to the provisions of this Agreement. 24. DIVORCE BY MUTUAL CONSENT. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa. C. S. Section 3301(c). Accordingly, the parties have executed and will timely file with the Court such consents, affidavits, waivers of notice and/or other documents as_may be necessary to promptly proceed to obtain a divorce pursuant to 23 Pa.C.S. Section 3301(c). -9- -~, IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and yeaz first above written intending to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: ~~ ~ SEAL) Mazk L. Wetze ~~ ~~(1Q ~ ~- ~ ~ • ~~ (SEAL) Sazah K. Wetzel -10- <` MARK L. WETZEL AND SARAH K. WETZEL EJ~IIBIT A (Page 1 of 1) 1. The marital home known and numbered as 116 Victoria Drive, Mechanicsburg, Pennsylvania along with any insurance policies and accounts related thereto; 2. Furniture, household goods, and any other tangible personal property currently in Husband's possession ,with the exception of the parties' dog, Casey, alab/beagle mix, who shall remain jointly owned by the parties pursuant to their verbal agreement; 3. Husband's interests acquired during the marriage and increase in value, if any, in pension and retirement benefits from his current employer and former employers, including but not limited to the 401(k) plan; 4. 1995 Nissan Pathfinder; 5. Bank accounts or deposits in other financial institutions in Husband's name. 6. Furniture, household goods, any other tangible personal property currently in Wife's possession; 7. 2000 Volkswagen Jetta; Wife's interests acquired during the marriage and increase in value, if any, in pension and retirement benefits from her current employer, the Commonwealth of Pennsylvania and former employers; 9. Bank accounts or deposits in other financial institutions in Wife's name. C7 ~ <? ~.~ -, J C-~ fi'i Y'~'? i~1 t'7 -7'-n _ U}_' -G .' O '.~ r'-~ { ~J ~ ~ ~, __~ ; ~~, ,~ ~fl ~ F, ., - E9!~W~+I~"'~`~'Reawc='r Fps naes~ ~~w^~. _ _ -R6'ei, gd~Y+v^fe~SR ~ M MARK L. WETZEL, v. Plaintiff SARAH K. WETZEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4836 CIVIL CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD 5. Related pending claims: None. SNELBAKER, BRENNEMAN & SPARE, P. C. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: Code. 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce 2. Date and manner of service of Complaint: by certified mail, restricted delivery on Defendant on August 23, 2001 (see Affidavit of Service filed August 29, 2001). 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: December 7, 2001; by the Defendant: December 11, 2001. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: December 7, 2001; by the Defendant: December 11, 2001. Date: December 19, 2001 By: Afton s for Plaintiff c `= ~ , eF ~~ r ~_ 4 6 ~ -. !. S v ` ^ ^ ~ . Jw i ~ ,, _ ~~ a ,__:: r'j ~.l~r~ t~ MARK L. WETZEL, v. Plaintiff SARAH K. WETZEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.DI-~l$3(, CIVIL 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 Plaintif£ 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 that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You aze advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. IF YOU 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 5ET FORTH BELOW WHERE YOU CAN GET LEGAL HELP. Cumberland County Baz Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P.C. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE By Attorn s for Plaintiff MARK L. WETZEL, Plaintiff ~I~ v. SARAH K. WETZEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01- y$3~° c1vIL CIVIL ACTION -LAW IN DIVORCE COMPLAINT FOR DIVORCE 1. Plaintiff Mark L. Wetzel is an adult individual who resides at 116 Victoria Drive, Mechanicsburg, PA 17055. 2. Defendant Sarah K. Wetzel is an adult individual residing at 622 B Bridge Street, New Cumberland, PA 17070. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Counterclaim. 4. The Plaintiff and Defendant were married on November 22, 1997 in Cumberland County, Pennsylvania. 5. With the exception of this present action, there have been no prior actions in divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that he may LAW OFFICES SNELBAKER, BRENNEMAN & SPARE have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that this Court require the parties participate in counseling prior to a divorce decree being issued by the Court. 9. The marriage is irretrievably broken. 10. Plaintiff requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) or 3301(d) of the Divorce Code. WHEREFORE, Plaintiff Mark L. Wetzel requests your Honorable Court to enter a Decree of Divorce, divorcing Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and Defendant. SNELBAKER, BRENNEMAN & SPARE, P. C. BY Philip H. S"~are, E~uire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Mark L. Wetzel Date: August 15, 2001 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE "2' MARK L. WETZEL, v. IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA I NO. CIVIL I SARAH K. WETZEL, :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT MARK L. WETZEL being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I j 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 Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE § 4904 relating to unsworn falsification to authorities. ~~ Mark L. Wetzel (Plaintiff J Date: '$`IS~oI . ,, VERIFICATION I verify that the statements made in the foregoing Complaint true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.5. j Section 4909 relating to unswom falsification to authorities. i ~ Mark L. Wetzel Date: $1~~/or LAW OFFICES SNELBAKER. BRENNEMAN & SPARE r: r_ ~ ` ~_ rn ~', O .~ ~~~ ~. V ~ ~ = -n ~ t uJ ~ ~ _ C ~ pJ -C R °Q '~ -i- ~ ~ cn "'~ , to -, ._~ ~~ y,:, v> r,; :; ,~ ~,', ~7 ;a ~~ -. s r AFFIDAVIT OF SERVICE Q~-l-IS~v cr~l~ COMMONWEALTH OF PENNSYLVANIA ) SS. I COUNTY OF CUMBERLAND ) Philip H. Spare, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker, Brenneman & Spare, P.C., being the attorneys for Mark L. I~' Wetzel, the Plaintiff in the above captioned action in divorce; that on August 17, 2001, he did send to Defendant Sarah K. Wetzel by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Complaint in Divorce which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. 7000 1670 0008 5047 3107; that both the complaint and cover letter were duly received by Sarah K. Wetzel, the Defendant herein, as evidenced by the return receipt card for said certified mail dated August 23, 2001; that a copy of the aforementioned cover letter dated August 17, 2001 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein as "Exhibit B"; and that the foregoing facts are true and correct to the best of his knowledge, information and belief. Philip I~ Spare LAW OFFICES SNELBAKER, BRENNEMAN & SPARE Sworn to and subscribed before me thisay-El1 day of August, 001. Notary Publi NDtarlal Seal 6uean L. Y,y~, P'biarY Pu~c A~11~ ~ d "EXHIBIT A" SNELBAKER, BR.ENNEMAN F3 SPARE A PROPFSSIONAL CORPORATON ATTORNEYS AT IAW as ~wFSr MAIN srREEr MECHANICSBURG, PENNSYLVANIA D055 RICHARD C SNELBAKER KETFH O. BRENNEMAN PHILIP H. SPARE 7V-697-8528 August 17, 2001 P. O. BOX 318 FACSIMILE (717) 697-7681 CERTIFIED MAIL NO: 7000 1670 0008 5047 3107 RETURN RECEIPT REQUEST RESTRICTED DELIVERY Sarah K. Wetzel 622 B Bridge Street New Cumberland, PA 17070 Re: Wetzel vs. Wetzel No: 01-4836 Civil Term Court of Common Pleas of Cumberland County, Pennsylvania In Divorce Dear Ms. Wetzel: Enclosed for service upon you is a certified, true and correct copy of the Complaint in Divorce which was recently filed in the above-referenced matter. You should take the Complaint to your attorney to discuss the matter. Please have your attorney contact me at his or her earliest opportunity to discuss how we can proceed in this case. It is Mark's desire to conclude this in an amicable and timely manner. Very truly yours, Philip H. Spare PHS:jjc Enclosure cc: Mark L. Wetzel (w/enclosure) F~. . , ^ Complete-items t, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, r on the front if space permits. 1. Article Addressed to: Sarah K. Wetzel b62 'B Bridge Street New Cumberland, PA ,17070 5q. ved by (Please Print CI rtyJ ir~ t ~ 31 rq.Gt ~~~ IIw C. Sign X ^ Age ^ Adi D. Is delivery address different from item t? ~ Ve: If YES, enter delivery address below: ^ No %! ~' 3. Service Type r $1 Certified Mail ^ Express Mail ^ Regisieretl ^ Return Receipt for Merchandise ^ Insuretl Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. AvticleNumper(Copy(romservicelabel) 70m0. 747~QOA8;50'47 .310;7; PS Fgrm 35:11, July 1999 ' ~ ' - ' DoFp~[jc F,tett~rn Receipt - `N 02595-00-M\0952 -j.;. r __ o. a - m <. ~ ...._ Postage $ r 5 O C ~ Certified Fee @,Z • 10 O ~ Return Receipt Fee WW 1.50 t 0- (Endorsemen[Requiretl) ~ Restric[etl Delivery Fee 3 ~j 0 O (Endorsement Requiretl) ~ Total Postage & Fees $ 1'~ 3~ '~ Sent TO era . 1 e Ze r-a p Street, Apt No.; or PO Box No. ~~-~--B--B7 O O - ---------_-------- -__--___--------------------- rv cny,s<are,zlP+New Cumberland, ~~ ~stmark Here ^ .. .. .. y IM'i'x3e mrzpM{p.n; 3,°W4t3'~d~.k~RG?R '¢v~98z.- P MARK L. WETZEL, Plaintiff vs. SARAH K. WETZEL, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-4836 CIVIL TERM IN DIVORCE Entry of Appearance Please enter my appearance on behalf of the Defendant, Sarah K. Wetzel, in the above captioned matter. e ravis Attorney for Defendant, Sarah K. Wetzel Date: ~! %~~/ MARK L. WETZEL, Plaintiff vs. SARAH K. WETZEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-4836 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Michael S. Travis, certify that I have this day served a true and correct copy of the foregoing document by first class mail, postage prepaid, on the following person, addressed as follows: Dated: ~' ~s~/ Philip H. Spare, Esquire SNELBAKER, BRENNEMAN & SPARE 44 West Main Street Mechanicsburg, PA 17055 Attorney for Defendant 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717)731-9502 Fax 731-9511 CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(CZOF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on ', MARK L. WETZEL, v. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 01-4836 CIVIL SARAH K. WETZEL, Defendant August 16, 2001. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand LAW OFFICES SNELBAKER. BRENNEMAN & SPARE that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: /z~7 ~o t Mar c L. Wetzel (Plaintiff) ~ ~` ~ C ~ ~~ ~~ fTi ~ -' r'~ _~ ~ rv c a vrs i® ~ .. MARK L. WETZEL, v. Plaintiff SARAH K. WETZEL, Defendant ~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4836 CIVIL CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 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 I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. 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. § 4904 relating to unsworn falsification to authorities. Date: /Z~7~or n '""! ~_L Mark L. Wetzel (Plaintiff) ~~ ~ L ? G7 '~yy77 ~~ ~ Js=i ~ -a_i r~ 'R] .-^ p ~.y ~~ ~.i {-~ ~' ~C ~ ~ . ~O -`- y • . ~ . ~ In the Court of Common Pleas of Cumberland County, Pennsylvania MARK L. WETZEL, ) Plaintiff, ) vs. ) No. 2001- 4836 SARAH K. WETZEL, ) CIVIL TERM Defendant. ) IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on August 16, 2001. 2'. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATED: /Z - //~ o / ~(~, t`~. ~ ~~ `Sarah K. Wetzel, Defen anH ~ t . u. ~ w i ~ ~ ~ _ SJ .--t ~~ ~ "`' r iS~ C7 ~4 c : - `.. ~~-, _~ , -~ ~ - r7 ~ : ~ r; ~ J r`' G tv t tfJ t ,,, ti ~ • t ., .. In the Court of Common Pleas of Cumberland County, Pennsylvania MARK L. WETZEL, ) Plaintiff, ) vs. ) No. 2001- 4836 SARAH R. WETZEL, ) CIVII. TERM Defendant. ) IN DIVORCE 1. I consent to the entry of a fmal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit 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. Date: /~-//-d / ` arah K. Wetzel, Defenda ~. c ~' c ~~ ~ ~' o ~~ -,~~> ~~ ~ ~~ ~o r„ ~.{~ .o