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HomeMy WebLinkAbout99-06180 tS ?Yi"ytjt s}"P?fiy A 2 J.r t tP -l.y f 4`) 9 ? ? i A . .r ?t W +f ., " l q ry p r t tijt: }q 1 AT r 44 t E 6 4h F iS? £2?x, ?C t''. ? ? A r t I ! jfk k ?tYI SfT 4 i A 9v?y^ ? i il ? yy ? jy CL; , 4 S !t ?S M . ' t ? Rr?555;y "d .. 1 ?1 M y t",?rc?ra q tp ? y{.j 1 1 ??Y?? , Y 8p > [ ? : x ?'A w _s kg ?t k" t l ??' J v t 6+? #p t ? d t y ff A ik y? ? ? 3 ? ' ? x l Y? • K, 5 . tiz?t? A S?;I :ETA' S t 9 yr Y 1 l yr.. f . t eee ? ) a tj . c. ? +s i??Y y y " '.. le- LS{? , t ? ^ t 4 i..}' ? O r }e 1 f? ??t???? . rv fix' C?14" a krc?? d x t ?3klx . A 4?f r r ? SW?? 4 t2+, •e 4 j . } ? f ?Yl 1 ? 3 .? r y, n.;a y 3 S ? g qxy T i1 ry 1 ' 1 { tJl'4 l) 4 J ' a r ? IN THE COURT OF COMMON PLEAS CF CUMBERLAND COUNTY STF rE OF PENNA. P n' y HEIDI M. DETTER VERSUS AND NOW, /n!!t , Zoe&-, IT IS ORDERED AND JAMES A. DETTER, II DECREE IN DIVORCE DECREED THAT HEIDI M. DETTER PLAINTIFF, AND No. 99-6180 I) JAMES A. DETTER, II ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, 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; All claims settled by Marriage Settlement Agreement h twoo n the parties dated March 13, 2002 BY THE COURT: ATTES ?• PROTHONOTARY Civil '. r'"1 99-?Vv NIARR1AGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this 1_ day of Morc ? . 2002, in the City of County of York and Commonwealth of Pennsylvania, between HEIDI M. DETTER, sometimes referred to as "Wife," and JAMES A. DETTER U, hereinafter sometimes to as "Husband." WHEREAS, the parties were married on December 18, 1993, in Shiremanstown, Cumberland County, Pennsylvania, and ever since that time have been, and are now, Husband and Wife; and WHEREAS, unhappy differences have arisen between the parties, and as a result, they have decided to separate and permanently live apart; and WHEREAS, a proceeding for the divorce of the parties has been filed by Wife in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania on October 8, 1999, indexed to No. 99-6180, and is now pending; and WHEREAS, the parties desire to amicably settle any and all differences and disputes they may have concerning their interest, right and title in and to certain real and personal property owned by or in possession of either or both of them, their respective or mutual obligations with regard to various claims by third parties, and any claims either of them may have against the other for support, maintenance, alimony, alimony pendente lite, or counsel fees, costs and expenses pertaining to or arising as a result of the aforesaid divorce proceedings. e*s AND NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated reference and deemed as an essential part hereof, and in consideration of mutual undertakings contained, the parties hereto intending to be legally bound hereby covenant and agree as PURPOSES OF AGREEMENT It is the purpose and intent of the parties hereto after long and careful to amicably adjust, compromise and settle their respective and collective property rights, in, to or against each other's property or estate, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, any and all claims for Wife's and/or Husband's maintenance and/or for spousal support and separate maintenance, alimony, alimony pendente lite, and counsel fees, costs and expenses in a manner which conforms to a just and right standard, with due regard to the rights of each party and to express such intent and determine their respective and collective rights with respect to said property and claims in writing. The parties hereto agree that the standard of division is best met by an equitable division of the marital property in existence as of the date of this Agreement. Such a division of existing property is not intended by the parties to constitute in any way a sale or exchange of assets except as so specifically provided herein. This Agreement is intended to dispose of all the marital property of the parties. r"1 2. The respective parties do hereby warrant, represent and declare and do that each is and has been fully and completely informed of and is familiar with cognizant of the wealth, real and/or personal property, estate and assets, earnings and of the other and that each has made a full and complete disclosure to the other of his her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself and herself and his and her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, and assigns, in any action or contention, direct or indirect, claiming that there any absence or lack of full disclosure. DATE OF EXECUTION AND DATE OF D[ST1tIHUTMN The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the Parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the Party last executing this Agreement. The transfer of property, funds, or documents provided for herein shall take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support or alimony payments, if any, provided for in this Agreement shall take effect as of the date set forth herein. 4. Wife shall convey, transfer, grant and assign to Husband, as his sole and separate property, all of her right, title and interest in and to the former marital residence situate at 445 Old Quaker Road, Etters, Pennsylvania 17319. Husband shall retain sole occupancy of residence as of the signing of this agreement. 5. Simultaneous with the execution hereof, Wife shall execute a quit claim deed in proper recordable form to make the foregoing conveyance effective. 6. Any cost for recording said deed shall be paid for by Husband. 7. The said conveyance shall be under and subject to any and all existing mortgages, liens and encumbrances which obligations are hereby assumed by Husband, who hereby agrees to act in a timely fashion at all times to make any and all payments due or to become due thereon and guarantees to indemnify Wife and to hold her harmless for and against any and all such liability which may arise from his failure to make such timely payments. Husband further agrees to pay any and all taxes, assessments, insurance and utilities now or hereinafter due and owing with respect to the said real estate. 8. Husband agrees to refinance the marital property and remove Wife's name from the mortgage within six (6) months of the signing of this agreement. Husband further agrees to apply for said refinancing within thirty (30) days of the signing of this agreement. 9. The parties have divided all the personal property to their mutual satisfaction. r") 10, With respect to the motor vehicles owned by one or both of the parties, they agree as follows: a) Wife shall become the sole and exclusive owner of the automobile currently in her possession, subject to any lien thereon. Wife agrees to indemnify and hold Husband for any debt on the automobile. b) Husband shall become the sole and exclusive owner of the automobile ntly in his possession, subject to any lien thereon. Husband agrees to indemnify and hold harmless for any debt on the automobile. It. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of the execution hereof and said executed titles shall be delivered to the proper party at that time. 12. Each party shall be responsible to procure and maintain an automobile insurance policy on the motor vehicle or vehicles being titled into their name and shall indemnify and hold harmless the other party from any obligations here on. 13. With respect to certain bank or FCU accounts, stock and savings bonds owned by one or both of the parties, either individually or jointly with one another, the parties agree as follows: a) Wife agrees to be responsible for all bank accounts, stock and savings bonds solely in her name. r") b) Husband agrees to be responsible for all bank accounts, stock and savings solely in his name. 14. With respect to certain Individual Retirement Accounts (IRM), Pension and other employment benefits owned by the parties, the parties agree that each party shall retain sole and exclusive ownership of the MA, Pension and other employment benefits in his or her individual name. DIynsION OF PROPERTY NOT SPECIFICALLY DELINEATED 15. The parties hereby agree that, as to all assets not specifically mentioned herein are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby waives, releases and relinquishes and forever abandons any and all claims therein and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. AFTER-ACQUIRED PROPERTY 16. 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 to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 6 17. Both parties hereby represent and warrant to one another that he or she has not :d, and hereby agrees that he or she will not hereinafter incur, any liability or obligations the other party is, or may be, liable which has not been resolved by this Agreement. If any or action is initiated intending to hold the other party liable for any such liability or the incurring party shall at his or her sole expense defend the other party against any claim or action, whether or not well-founded, and he or she shall hold the other party free harmless thereof a) Husband agrees to be responsible for the loan carried by Maynard R. Cassell and Connie L. Cassell, Wife's parents, for the benefit of both parties at time of refinance. Said loan is loan number 08800462293, from First Union National Bank, in the approximate amount of Twelve Thousand Eight Hundred Ninety-six Dollars and Sixty-three cents ($12,896.63) TAX REFUND 18. It is understood and agreed by and between the parties hereto that the tax I refund for the calendar year 2001 shall be distributed equally, by and between the parties. 19. This Agreement shall not be considered to prevent or preclude either of the hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. The parties hereto further agree that the marriage is 7 broken, and that they mutually consent to a divorce and agree to execute and deliver Judith Koper Morris, Esquire, Affidavits of Consent and Waivers of Notice permitting to procure a no-fault divorce. Judith Koper Moms, Esquire, shall immediately file the of Consent and Waivers of Notice with the Court to procure a no-fault divorce pursuant to the Divorce Code of 1980. BANKRUPTCY OR REORGANIZATION PROCEEDINGS 20. The parties acknowledge and agree that they have specifically structured this agreement so that the payments and undertakings made by each party shall be non-dischargeable bankruptcy, under I 1 U.S.C. §523(x) (5), §523(x) (15) or otherwise. In the event either party files bankruptcy and such obligations are determined to be dischargeable in bankruptcy, that party that such event shall automatically entitle the other party to the entry of an award of alimony in an amount commensurate with whatever obligation he or she has incurred or any payments he or she has lost as the result of the other party having filed bankruptcy, including attorney's fees, which award shall be adjusted upward taking into consideration the additional tax ramifications attributable to such alimony award. 21. The parties further acknowledge and agree that as part of the consideration for the making of this agreement, that the indebtedness created by the terms, covenants and conditions set forth herein is either: (a.) for alimony to, maintenance for or support of the other party; (b.) the party filing bankruptcy, hereafter the "filing party," has the ability to pay such debt from income or property not reasonably necessary to be expended for the maintenance or support of the filing party or of a dependent of the filing party or if such party is engaged in a business, 8 the payment of expenditures necessary for the continuation, preservation and operation of business; and/or (c.) discharging such debt would not result in a benefit to the filing party would outweigh the detrimental consequences to the other party or a child of the filing party. 22. In the event that either Party becomes a debtor in any bankruptcy or financial proceeding of any kind while any obligations remain to be performed by that Party the benefit of the other Party pursuant to the provisions of this Agreement, the debtor spouse waives, releases, and relinquishes any right to claim any exemption (whether granted under or federal law) to any property remaining in the debtor as a defense to any claim pursuant by the creditor-spouse and the debtor-spouse hereby assigns, transfers and conveys to the an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable regardless of federal or state law to the contrary, and each Party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. RELEASE OF ALL MARITAL RIGHTS 23. Except as provided for in this Agreement, Husband and Wife each hereby forever releases, remises, discharges, and quitclaims the other and the estate of the other, for all time to come and for all purposes whatsoever, from any action of any nature whatsoever in law or in equity, and forever releases, remises, discharges and quitclaims the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, 9 interests, or claims in or against the other or in or to the real, personal and/or mixed of the other and all rights of curtesy or dower or for equitable distribution of property, claims in the nature of curtesy or dower or claims for equitable distribution of property, or of widow's or widower's rights and all rights, titles, interests and claims which he or she now has or ever may have in and/or to the other's estate, whether now owned or hereafter acquired, at his or her death, and all rights, titles, interests and claims to take against the other's Will and/or under the Intestate Laws, or of family exemption or similar allowance or all other rights of surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, or (b) any state, commonwealth or territory of the United States, or (c) any other country, and each and every additional right, title, and interest and claim or right to any he or she has or ever may have in the other or as the Husband's Wife or widow or as Husband or widower, including any and all claims, demands, liabilities and obligations whether arising out of the marital relationship by reason of the ownership or joint ownership of any real or personal property, or by reason of any other matter or thing whatsoever, as well as each and every additional right, title, interest and claim he or she has or ever may have against the other, his or her heirs, executors, administrators and assigns, excepting only the obligations, rights and claims imposed or inuring to the benefit of either of the parties by reason of the terms of this agreement. The parties specifically waive any and all rights they may have to equitable distribution of marital property and/or alimony, alimony pendente lite, and counsel fees, costs and expenses or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980, or any amendment thereto. Each of the parties hereto further covenants and agrees for himself and 10 I 1- ) n and his a her heirs, executors, administrators and assigns, that he or s] will never at any hereafter sue the other party or his or h heirs, executors, administrators and assigns, for the purpose enforcing any of the rights relinquished under this paragraph. 24. It is further specifically understood and agreed by and between the parties hereto that Wife and Husband accept the provisions made and set forth in this Agreement by Husband for Wife and/or Wife for Husband in lieu of and in full settlement a satisfaction of any and all of Wife's rights against Husband or Husband's rights against Wife for any and all past, present and future claims on account of spousal support and separate maintenance; that it is specifically understood and agreed that the payments, transfers and other consideration herein recited so comprehend and discharge any and all such claims by Wife against Husband, and Husband against Wife, and are, inter alia, in full settlement and satisfaction and in lieu of Husband's and Wife's past, present and future claims against each other on account of spousal support and separate maintenance, and also alimony, alimony pendente lite, counsel fees, costs and expenses and any other charge of any nature whatsoever pertaining to any divorce or support proceedings which have been or may be instituted by Husband or Wife in any court in the Commonwealth of Pennsylvania or any other jurisdiction or any other counsel fees, costs and expenses incurred or to be charged by any counsel or arising in any manner whatsoever. RELEASE OF TESTAMENTARY CLAIMS 25. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last Will and Testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to n person or persons who would have become entitled thereto as if the decedent had been the t to die. This provision is intended to constitute a mutual waiver by the parties of any rights to e against each other's last Wills under the present or future laws of anyjurisdiction whatsoever i is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of It. Either party may, however, make such provision for the other as he or she may desire in and his or her Last Will and Testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allow administration upon his or her personal, real or mixed estate and effects to be taken out by the person or persons who would have been entitled to do so had Husband or Wife died during the lifetime of the other; and that neither Husband nor Wife will claim against or contest the will and the estate of the other. Each of the parties hereby releases, relinquishes and waives any and all rights to act as executor or executrix or administrator or administratrx of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his and her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. 26. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Husband has employed and had the benefit of counsel of Judith Koper Moms, Esquire, as his attorney. Each party acknowledges that he or she has received independent, legal advice from counsel of his or her selection and that each 12 understands the facts and has been fully informed as to his or her legal rights and obligations each party acknowledges and accepts that this Agreement is, in the circumstances, fair and and that it is being entered into freely and voluntarily after having received such advice with such knowledge, and that execution of this Agreement is not the result of any duress or influence and that it is not the result of any collusion or improper or illegal agreement or agreements. INCORPORATION INTO DIVORCE DECREE 27. In the event either of the Parties shall recover a final judgment or decree of divorce against the other by any Court of competent jurisdiction in any divorce proceedings that have been or may be instituted, the provisions of this Agreement, or the essential parts hereof, may be incorporated by reference or in substance for purposes of enforcement of the contractual obligations of the parties, but shall not be deemed merged into any suchjudgment or decree. This Agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the Parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings and be forever binding and conclusive upon the parties, whether enforcement is sought in an action on the contract itself or in any enforcement of the action filed to the divorce action. 28. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or 1Vife in Equity, and the parties agree that if an action to enforce this Agreement is brought in Equity neither party will make an 13 on the alleged ground of lack ofjurisdiction of the court because there is an adequate at law. The parties do not intend or purport to improperly confer jurisdiction on a court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the general jurisdiction of courts in Equity over agreements such as this one. 29. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, in such event it is specifically understood and agreed that for and in specific consideration of other provisions and covenants of this Agreement, each shall waive any right to a jury trial as to expedite the hearing and disposition of such case and so as to avoid delay. 30. - Each parry further hereby agrees to pay and to save and hold harmless the other party from any and all reasonable attorneys fees, and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in consequence of any default or breach by the other of any of the terms or provisions of this Agreement by reason of which either party shall be obligated to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both or in any way provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees, and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. For enforcement purposes of any I 14 ?? ?1 terms of this Agreement, the parties specifically acknowledge that the February 12, 1988 amendments to the Divorce Code of 1980 apply to this Agreement, including, but not limited to, Section 3105. 31. 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 Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife each does hereby warrant, covenant and agree that, in any possible event, he and she is and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. ADEQUACY OF CONSIDER ATIQN 32. The consideration for this Agreement is the mutual benefits to be obtained by both parties and the covenants agreements of each party one to the other. The adequacy of the consideration for all of the terms, covenants and agreements contained herein is stipulated, confessed and admitted by the parties. SEPARATION 33. The parties agree to live separate and apart from one another at such time and places as he or she may from time to time choose or deem fit. 15 1? 34. Neither party shall harass, annoy or interfere with the other parry, or with the use, ownership or disposition of any property now or hereinafter acquired by the other party. 35. The parties agree that the terms, covenants and conditions hereof shall not be by their subsequent cohabitation or resumption of marital relations unless the parties specifically agree in writing. LAW OF PENNSYLVANIA APPLICABLE 36. This Agreement shall be governed by and shall be construed in accordance with laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution hereof. ADDITIONAL INSTRUMENTS 37. Each party shall forthwith, and within at least fifteen (15) days after demand therefor, execute any and all documents which may require his or her signature for the purpose of effectuating all of the terms and conditions of this Agreement so as to give full force and effect to this Agreement. ENTIRE AGREEMENT AND INTEGRATION 38. This Agreement contains the entire agreement between the parties relating to their rights herein granted and the obligations herein assumed and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 16 39. Any oral representations or modifications concerning this Agreement shall be of no force or legal effect except a subsequent modification in writing executed with the same formality as this Agreement. The waiver by either Husband or Wife of any breach of this by Husband or Wife shall not be deemed to be a waiver of any subsequent default or of any other provision of this Agreement. 40. If any term, condition, clause or provision of this Agreement shall be determined to be void or invalid at law, or for any other reason, then only that term, condition, clause or provision shall be stricken from this Agreement as is held to be void or invalid, and in all other respects, this Agreement shall be valid and remain in full force and effect. 41. This agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. HEADINGS NOT PART OF AGREEMENT 42. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Marriage Settlement Agreement nor shall they affect its meaning, construction or legal effect. 17 i S Y IN WITNESS WHEREOF, the parties, on the day and year first above written, do place their signatures and seals intending to be legally bound hereby. (SEAL) (SEAL) 18 ... _: -?r '?', ' r ,,_;,.. ??, , ?/ r r ,?. a. ?. _? ' ?.?C.?? ,Cf 1y1; %l. )'i r ?? .?; .., ?, <? ?? ? (::: ' ?,: C;. , lulu aL ? : n. ti ht 'j '.J Ca V V `? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE HEIDI M. DETTER, NO. 99-6180-Civil Term Plaintiff V. CIVIL ACTION - DIVORCE JAMES A. DETTER, II Defendant ACTION 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: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Via United States Mail verified by Proof of Service filed with the Court of Common Pleas of Cumberland Countv on November 17, 1999. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by Plaintiff 03/21/02; by Defendant 04/04/02. (b)(1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: ; (2) Date of service of Plaintiff's Affidavit upon the Respondent: Date of filing of Plaintiff's affidavit: 4. Related claims pending: All claims settled by written agreement between the Darties. Please incorporate the Marriaae Settlement Agreement dated March 13, 2002, into the Divorce Decree. 5. Complete either (a) or (b). (a) Date and manner of service of Notice of Intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice was filed with the Prothonotary: April 5, 2002 (c) Date Defendant's Waiver of Notice was filed with the Prothonotary: April 5,_,2-Q02 tllth Koper Morris, r:squi torney for the Plaintiff `?' ?'; ,,1 a, ??? ?_? ' s ?, r; •? ? ,:? ? ? r. ?,i ? "? '.? i i?V ii <:) .,;j HEIDI M. DETTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. , NO. 9 9 - ?n iw l I v t ??1L yy? JAMES A. DETTER,11, Defendant : IN LAW - 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 relief requested in these papers by the Plaintiff. You may loose money or property or other rights important to you, including custody or visitation of your children. When the grounds 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, First Floor, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OP 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 I-IND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 HEIDI M. DETTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES A. DETTER, II, Defendant NO. 9 9- G / PO ecu? Tu •N- : IN LAW - DIVORCE COMPLAINT IN DIVORCE AND NOW COMES the Plaintiff, Heidi M. Detter, by her counsel, William L. Grubb, Esquire, and complains of the Defendant, James A. Detter,11, as follows: COUNTI COMPLAINT UNDER SECTION 3301 (c) OR 3301 (d) OF THE DIVORCE CODE 1. Plaintiff is Heidi M. Detter, who currently resides at 445 Old Quaker Road, Etters, York County, Pennsylvania. 2. Defendant is James A. Defter, 11, who currently resides at 3400 Concord Road, York, York County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on December IS, 1993 at Shiremanstown, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 7 8. Neither party is in the Armed Services of the United States or its allies. The marriage is irretrievably broken. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order dissolving the marriage between the parties. COUNT II EQUITABLE DISTRIBUTION 10. Plaintiff incorporates the allegations of paragraphs one (1) through nine (9) by reference as if set forth at length herein. 11. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. Date: /o ^ 6 -cICY Respectfully submitted, William L. Grubb, Esquire I.D. # 72661 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Plaintiff VERIFICATION I, HEIDI M. DETTER, verify that the statements made in this document arc true and correct. I understand that false statements herein arc made subject to penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. AL cidi M. Dctt, P la stiff Date: %b CERTIFICATE OF SERVICE 1, WILLIAM L. GRUBB, Esquire, certify that I have served a copy of the foregoing document on the individual listed below by depositing the same in the United States Mail, Certified, First Class, restricted delivery, postage prepaid, at Carlisle, Pennsylvania: James A. Detter,11 Outmate B 13 York County Prison 3400 Concord Road York, PA 17402 William L. Grubb, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 Date: / o- V" c, ?J f J Q SL j 0 o Ca CUMBERLAND IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA HEIDI M. DETT91%tiff, VS. JAMES A. DETTER, II, Defendant. No. 99-6180 Civil Term . CIVIL ACTION - LAW s s s ACTION IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Cade was filed on /F'/1- 99 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. 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. I tp6 IN THE COURT OF COMMON PLEAS OFCUMBE&V % PENNSYLVANIA HEIDI M. DETTER, Plaintiff, va. JAMES A . DETTER, II, Defendant. No. 99-6180 Civil Term s t CIVIL ACTION - LAW s ACTION IN DIVORCE 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. 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. 54904 relating to unsworn falsification to thorities. auut / D e ,96 I!1 I CUMBERLAND IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA HEIDI M. BETTER 99-6180 Civil Term s NO. t vs. t CIVIL ACTION - LAW JAMES A. DETTER, II ACTION IN DIVORCE 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. 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. U , .U Date 4 / IN THE COURT OF COMMON PLEAS OF CUMUWDPENNSYLVANIA HEIDI M DETTER V. NO. 99-6180-civil term CIVIL ACTION - LAW JAMES A. DETTER, II ACTION IN DIVORCE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 3. 1 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. 54904 relating to unsworn falsification to authorities. Ilk Date / dig ??, Q lit ?1 V. a: fY :Y10. O HEIDI M. DETTER, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO.&j9-t,It3p CIVILTERM JAMES A. DETTER, II, Defendant IN LAW - DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING Heidi M. Defter, being duly sworn according to law, deposes and says: 1. 1 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 Office of the Prothonotary, 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 by the court. I understand that false statements herein are made subject to the penalties of Pa. C.S. §4904, relating to unsworn falsification to authorities. Heidi M. Dotter Date: ,. ? ?-. ??: ?. . 1 ll r :$? r„ •,?. , ?? •. ? "s' 7;'1 ?- ??j ?. t..1 [' L'J• ? lr f L " n (.? r..? tT? ,j iJ HEIDI M. DETTER, Plaintiff V. JAMES A. DETTER, 11, Dcfcndant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6180 CIVIL TERM IN LAW - DIVORCE PROOF OF SERVICE BY MAIL I hereby certify that a true and correct copy of the Complaint in Divorce filed in the above matter, was served on James A. Detter, II by first class, certified mail, return receipt requested, deliver to addressee only, at Outmate B13, York County Prison, 3400 Concord Road, York, PA 17402, on October 8, 1999. Addressee acknowledged receipt of the same on October 9, 1999, as shown by the return receipt card attached hereto as Exhibit "A". William L. Grubb, Esqugef I.D. 72661 3105 Old Gettysburg Road Camp Hill, PA 17011 Dated: (717) 763-5580 ?e ly 95 t SENDER: I also Wish to recelve Me follow- b Carpets eema / aroma x for eddbart e«r`cee. Ing servlm (for an extra fee): * C Conpete sane 3.4a. aN eb. aounrne rd eatress n ft mvu CO an loan eo eut we W rerun an 10 p ? yw es yy t t+siamloa» tress of mrWea, a n w boa a open lode not b A ac Ad m Wet p OWNe'RMUn Redip Re0treasa'm er mapeoe bNOwpn entle reaber. "I a no ft mRenW W"w to Whm IW apW WAS tleFasA ne V* t 9. Article Addressed to: ticle Number 0 a aa. Ar 7 q-7( EE . p ' OarMA-Av X 13 4b. Service Type [3 Registered OCeRMIed' 8 10" C4,3ril ( ?XISw 13 ExlxessMail E3 Insured ?COD ? Retum Rseetpt for MerWM" ,3N O0 CAN Co GP ?0AO ` f 7. Data of Detrvery 02w y ?q02 ) 5. Received By'. (Print Name) (Qtly If requorfsd and 8. Addressee's Address tae is paid) 8 gnature(A 'of Agent) .? .. _-4044 n?M.....e4I t02&e5. 080223 Domestic Rehm ReC0lpl Exhibit "A" t .i 1. 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