Loading...
HomeMy WebLinkAbout99-07236ri IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF rF' PENNA. 5 ., w J,,•t ........ KA$YN..L...TOTTY ..................................... ij 49 7236 Plaintiff N(>...........- ........... ................. 19 I Versus JOSEPH...A.._..TOTTY, _............ __....... ... Defendant..... I DECREE IN ?1? DI VOR CE? 3Pt ? Pk. AND NOW,11 M?..07-V .............s ..... , it is ordered and decreed that ..... KARXN• L,., ,TOTTY ............................ Plaintiff, and .............. JOSEPH.A....TOTTX. . . , 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.. ............................................... .i; i i i r 4et- 1 oz - ^ . e Prothonotary a FF 'I i? ? • ? •? .? '0?7 'GYl ?? /stl? ?/ G?' MARITAL PROPERTY AND SETTLEMENT AGREEMENT THIS AGREEMENT, made this IVJ day of March, 2000, by and between JOSEPH A. TOTTY, hereinafter referred to as "HUSBAND", and KARYN L. TOTTY, party of the second part, hereinafter referred to as "WIFE". WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on November 17, 1989, in Hesperia, California; and WHEREAS, the parties hereto are the natural parents of two children, Amanda Totty, D.O.B. September 22, 1990, and Danielle Totty, D.O.B. November 3, 1993; and WHEREAS, certain differences have arisen by and between HUSBAND and WIFE as a result of which they have now separated and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. WHEREAS, the parties being fully advised as to their respective rights, duties and obligations growing out of their marital status, particularly with respect to the relevant sections of the Divorce Code, Act of April 2, 1980, P.L. 63, Act No. 26, as amended , 23 P.S. 3101 et seg., and being fully aware of their right to consult with or having consulted with their respective legal counsel or advisors and having had the opportunity and ability to request a full and complete disclosure of income and assets from the other, and reviewing this Agreement, have come to an agreement as to each and all of their said matters of property and relations; and WHEREAS, Wife has filed a No-fault Complaint in Divorce, said complaint being docketed in the Cumberland County Prothonotary's office at 99 - 7236. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter set forth, each of the parties hereto intending to be legally bound hereby by affixing their hands and seals agree as follows: 1. ADVICE OF COUNSEL Husband and Wife acknowledge that they have been given the opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel from his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, and the circumstances, fair and equitable, after having the opportunity to receive such advice and with such knowledge, and that execution of this Agreement is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has had the opportunity to be 2 fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and having the opportunity to be fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth therein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order effecting the respective parties rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from each other in such place or places as he or she may from time to time choose or deem fit. 3. INTERFERENCE Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other or compel or endeavor to compel the other to cohabitate or dwell with him or her, or to in any way harass or malign the other. 4. WAIVER OF CLAIMS AGAINST ESTATES Except as otherwise provided herein, Husband relinquishes his inchoate intestate right and his right to act as 3 a personal representative in the estate of Wife, and Wife relinquishes her inchoate intestate right and her right to act as a personal representative in the estate of Husband. Each of the parties hereto by their presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim and forever discharge 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 actions, suits, at law or equity, of whatsoever kind or nature, for or because of any matter or thing omitted or suffered to be done by said other party prior to and including the date hereof, except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any cause of action in absolute divorce which either party may have against each other. 5. MARITAL AND NON-MARITAL PROPERTY The parties hereto acknowledge that during their marriage they have acquired, individually or jointly, various marital assets and the increased value of non-marital assets and property, including the following: (A) Marital residence located at 6325 Chesterfield Lane, Mechanicsburg, Cumberland County, Pennsylvania, with an estimated value of $89,000.00; and (B) Wife's 401 (k) savings plan with Book of the Month club in the approximate amount of $4,422.96; and (C) Husband's 1985 Plymouth Grand Fury with estimated value of $1,200.00; and (E) Wife's 1993 GMC Sierra with an estimated value of $11,000; and (F) Miscellaneous Members First Checking and Savings 4 .-_ - r. - _ :_? Accounts with account balances not exceeding $650.00; and (G) Miscellaneous personal property, including furniture, personal items, dishes, tools, jewelry, increase in value of non-marital property, equipment, coins and cash; and (H) Husband's non-marital real estate located at Lot 107 Huron, Howardwick, Texas; and (i) Miscellaneous Marital Debt, including the following: (i) Mortgage on marital residence through First Nationwide Mtg. Corporation with an estimated payoff of $88,000.00; and (ii) Loan on 1993 GMC Sierra with an estimated payoff of $10,920.00; and Husband and Wife acknowledge that they are aware of their respective rights pursuant to the Divorce code of 1980, as amended, to obtain formal valuations or appraisals of the marital residence, any and all pensions, and other items of marital property. However, the parties agree that they will not undertake this expense and acknowledge that no financial disclosures are attached to this agreement as separate exhibits or schedules. The parties hereby waive any necessity for completing or attaching any financial disclosure(s). Each party further acknowledges the opportunity to attach a full and complete financial disclosure and that such disclosure is not desired to effectuate a fair and equitable resolution of their marital rights, duties and obligations as provided in the Divorce Code of 1980, as amended. 6. PERSONAL PROPERTY Husband and Wife hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances and other household personal property 5 between them, and they 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, whether said property is heretofore owned jointly or individually by the parties hereto, and this 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 possessions of each of the parties hereto. Husband and Wife agree that they 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. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey or otherwise encumber or dispose of such property, whether real or personal, 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. 7. REAL ESTATE Husband agrees to transfer by deed, any and all legal or equitable right, title and interest in and to the parcel of jointly-owned real estate with improvements thereon situate at 6325 Chesterfield Lane, Mechanicsburg, Cumberland County, Pennsylvania, to Wife, and to sign all documents necessary to effect said transfer any equitable or legal interest in such property to wife on or before the signing of this Agreement. 6 Wife further agrees to satisfy and save Husband harmless from any obligation which he may be liable as a result of the mortgage with First Nationwide Mtg. Corporation with an estimated payoff of $88,000.00 presently recorded at Mortgage Book 1513 Page 542 as recorded in the Cumberland County Recorder of Deeds office, or any successor thereto, as well as any other encumbrances presently constituting a lien against the real estate, said mortgages and encumbrances being recorded in the Cumberland County Recorder of Deeds Office. Wife agrees that she will continue to make the mortgage payments and will indemnify Husband on account of any obligation he may have on account of the mortgage, as well as any other obligation concerning the ownership of the real estate including, but not being limited to, municipal liens, real estate taxes, sewer and water assessments, fire and casualty insurance, and utilities. Husband and Wife further agree that Wife shall assume any and all liability for any capital gains taxes which may be assessed hereafter as the result of a sale of the above described real estate, by qualifying for an exemption or by paying any taxes due, if applicable. Wife hereby waives any and all rights to any increase in value of Husband's real estate located at Lot 107 Huron, Howardwick, Texas. 8. DEBTS OF HUSBAND AND WIFE Husband and wife acknowledge that they have incurred various marital, (joint and separate) debts prior to separation. Presently, Husband and Wife remain indebted to the following persons or entities in the following approximate amounts: 7 Name Amount of Debt A. First Nationwide Mtg. Co. $88,000.00 B. Loan on GMC Sierra $10,900.00 Wife hereby agrees to assume full liability and hold Husband harmless from any liability associated with items A and B as set forth above and as more specifically identified in Paragraph 5 (I)• 9. MOTOR VEHICLES The parties hereto agree that Husband shall be entitled to have the sole and exclusive control, benefit, use and title of the 1985 Plymouth Grand Fury or the proceeds thereof, and that he shall hold wife harmless from any liability associated with the lease on such vehicle, if any. The parties hereto agree that Wife shall be entitled to have the sole and exclusive control, benefit, use and title of the 1993 GMC Sierra and that wife shall hold Husband harmless from any liability associated with the 1993 GMC Sierra. Titles to the motor vehicles shall be transferred within thirty (30) days from the date of this Agreement to the party receiving title in accordance with this Agreement, if necessary. 10. MISCELLANEOUS (A) The parties hereto acknowledge and agree that any and all savings and checking accounts, as well as certificates of deposit, owned by them jointly or singly, have been divided to their mutual and individual satisfaction. (B) Neither party hereto shall make a claim upon the 8 other for accumulated pension, profit-sharing, retirement support, retirement benefits, insurance policies, IRA's, or any retirement-related benefits. Husband specifically waives his right to claim any portion of Wife's 401 (k) as identified in Paragraph 5 (B) above. Both parties shall assist with signing any documents necessary to waive their respective interests in these retirement-related benefits, if necessary. (C) The parties hereto acknowledge and agree that any and all life insurance policies owned by them jointly or singly have been divided to their mutual and individual satisfaction. Each party hereto acknowledges that they have in their sole possession those policy or policies of life insurance which they intend to keep and retain as their sole and exclusive property and, further, each party shall have the right to designate the beneficiaries of said policies. (D) The division of existing marital property is not, except as otherwise expressly provided herein, intended by the parties to constitute in any way, a sale or exchange of assets and the division is being affected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of an equitable division of the marital properties and the marital settlement herein contained, the parties hereto agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. (E) Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in 9 this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. (F) Each party represents and warrants to the other that they shall file a joint income tax return for tax year 1999 and separate income tax returns thereafter. Information maintained by one party which is necessary to complete any income tax return shall not be unreasonably withheld upon the request of either party. Any and all tax refunds payable to Husband and Wife shall be equally distributed to Husband and Wife as part of the equitable distribution of marital assets. Any and all tax payment due to the IRS for tax year 1999 shall be assumed equally by both of the parties, if applicable. 11. ALIMONY SUPPORT AND MAINTENANCE Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for spousal support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony pendente lite, alimony and maintenance and, further, waive and relinquish any rights to division of property, other than provided in this 11 Agreement and, finally, waive any rights to alimony pendente lite, 1 counsel fees and court costs. 'j Husband and Wife are aware of each other's incomes and 10 L that they have been respectively advised and are aware of the contents of the provisions of the Divorce Code, as amended, in Pennsylvania, wherein considerations are set forth in determining an appropriate amount, if any, to be paid in the form of alimony. After being fully advised of the contents of the Divorce Code, as amended, both parties voluntarily and intelligently waive and relinquish any right to seek from the other payment for spousal support, alimony pendente lite, alimony and maintenance. 12. CUSTODY OF THE CHILDREN Husband and Wife have reached a general agreement with regards to custody wherein Wife will have primary legal and physical custody of the children and Husband shall enjoy unlimited periods of partial physical custody of the children as is reasonably practical and agreeable to the parties. The parties further agree that Cumberland County shall remain the jurisdiction for custody purposes. However, nothing in this Agreement shall prevent any party from petitioning the court of Common Pleas of Cumberland county for the purpose of obtaining a formal court order with regards to custody of the children should the circumstances change. Nothing in this Agreement shall prejudice the right of either party to file for custody at some point in the future should circumstances change. 13. SUPPORT FOR CHILDREN The parties hereto acknowledge that all matters pertaining to the support of the minor children are presently resolved, with Husband agreeing to pay an amount of six hundred dollars ($600.00) per month for child support. In the event Husband and Wife cannot agree upon the amount of child support at any time hereafter, Husband and Wife agree that nothing set forth in this paragraph or 11 this marital Property and Settlement Agreement shall prejudice the right of either party to file a petition for modification or entry of an amount of child support, at any time, in any Court of appropriate jurisdiction, if necessary. It is the specific intent of the parties that this Agreement is designed to avoid the present filing of formal child support proceedings only, and any future award of child support will be governed by the applicable child support guidelines and case law. 14. MUTUAL RELEASE Subject to the provisions of this Agreement, each party waives his or her right to alimony and further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code, as amended. Subject to the provisions of this Agreement, each party has released and discharged and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce or except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives their right to request marital counseling pursuant to Section 3302 of the Divorce Code. 15. SUBSEQUENT DIVORCE A decree in divorce entered by a court of competent jurisdiction to either party shall not suspend, supersede or 12 affect the terms of this Agreement. Both parties agree, if requested, to enter a Consent Order or Orders concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or any other court of competent jurisdiction, as a part of a resolution of any divorce action filed or to be filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. Furthermore, both parties hereto agree, if requested, to execute the appropriate affidavits and consents to secure a No-fault Divorce as may be required by the Divorce Code, as amended. Both parties hereto agree that this Agreement may be incorporated into a separate Court Order but shall not merge in such order. 16. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife 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 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 this 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 13 jurisdiction pursuant to Section 3502 of the Divorce Code or any amendments thereto. Husband and Wife each voluntarily 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 waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 17. VOLUNTARY EXECUTION The provisions of this 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. The parties acknowledge that they have been 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. 18. ADDITIONAL INSTRUMENTS Husband and Wife shall from time to time at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the conditions of this Agreement. 19. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this 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 any of the 14 provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or construed as a waiver of any other term, condition, clause or provision of this Agreement. 20. BREACH If either party hereto breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for such breach, or seek other remedies or relief as may be available to him or her. Both parties agree and are aware that noncompliance with any provision of this Agreement permits either party to pursue appropriate legal remedies, including sanctions as set forth in 23 Pa. C.S.A. §3105. Each party further hereby agrees to save and hold harmless the other party from any and all attorneys' fees, costs and legal expenses and expenses that either may sustain, or incur or become liable or answerable 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 or shall be obliged 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 whatsoever, provided that the party who seeks to recover such attorneys' fees, costs and legal expenses and expenses must first be successful in whole or in part, before there would be any liability for attorneys' fees, costs, legal expenses and expenses. 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 the 1 4 Fs 15 other party in endeavoring to protect and enforce his or her rights under this Agreement. All remedies provided by law and all remedies provided for in this Agreement for enforcement of the Agreement shall be deemed to be cumulative and the exercise of one remedy shall not bar or prevent the pursuit of any other remedy and either party may elect to pursue such remedies simultaneously and the exercise of a remedy one or more times shall not exhaust its use or prevent further pursuit of such remedy. 21. ATTORNEY FEES AND COSTS Husband and Wife shall each assume their respective counsel fees as part of the divorce action commenced in the case. 22. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any effect whatsoever in determining the rights or obligations of the parties. 23. INDEPENDENT SEPARATE COVENANTS It is. specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 24. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. For contract interpretation parties, this Agreement was prepared by both parties. 25. VOID CLAUSES If any term, conditions, clause or provision of this Agreement shall be determined or declared to be void or invalid in 16 law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 26. BINDING AGREEMENT This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITN,EpSS?: IT c (SEAL) (SEAL) 17 F?QL 8Z'fS moo wInngsgwlww&3 AN unO3 puvmwn1'wc8 m MAN 418ION NLLHV A NNV TQS 1WVION : sa.TTdx3 uorssTwwoO dyq OTTgnd AT, - Tp'FOT;;o Pup PUN .{w gas oqunaaaq I '3OHH3HM SS3NyIM NI Teas uTazagg sasodznd aqq io; awes a Pau-MWOD PUP 4uawn3gsuT UT qg pagnoexa N gpgq pabpaTMomfoe ggTM aqg 03 pagT.TOsgns sT aurnu asogM uosiad aqg aq og (uanoad ?TTjoq?e;sTges .zo) aw o pazeaddp d q uMOUX 'xyyoy •V Hd3SOr 'OOOZ ' ZTeuosiacI 'TaOT;3o paabrsiapun aqg 'aw aio;aq l1,0419w 30 App CHIW aqg 'sTgq u0 SS: 3O ASN(1o0 KINVA'IZSNN3a ao HS Pd3M oWwoo I" moq w W03 OHM ?IOWNLLUYM A NW 1Y3s lvwlom :sa=Tdx3 uorssT=oo dg orignd CTn,,N 7-' C/ ?? ?u 71 TeTO-r;;o Pup Pueg dw gas oquna.Taq I '3o3 Teas 2I3HM SS3NyIM NI ags ge g 'PauregUOO uTa=aqq sasodand aqq jog awes aqq pagnoaxa q pabpaTM aweu aso OUXDP pue quawnsgsuT uTggTM aqg oq pegTiosgns sT gM uos=ad agg aq oq (uano2d dZTiogOe;sTges =o) auc oq uMoux' 'X4'401 "I u,Iaex paieadde ?CTTpuoszad 'agDT3;o p8ub-rs.TapUn aqg 'aw aio;aq OOOZ ?e? 14,?JV14 ;o xPP yf%/ aqg 'snug u0 oNVrMSHIII1J 30 XIN000 *SS dINVAUSNN3d dO EL'IVamoNNOD ?r 4 QC) [L.y l 3 V?^ [ ! ?j r- h2n ?` CL F= .cw y IUfL - O o U N:ty :')': :.rrl;°L:. n...R?.1ii.'•?.11?..hir' . ' •lYa :i. hYt': n. 'rr?:7:.. is ... KARYN L. TOTTY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW JOSEPH A. TOTTY, 99 - 7236 CIVIL TERM Defendant IN 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. Grounds for Divorce: Irretrievable breakdown under section 3301 (C) of the Pennsylvania Divorce Code. 2. Date and Manner of service of the complaint: Certified mail, restricted delivery, on December 1, 1999. 3. Complete either paragraph (a) or (b). (a) Date of execution of affidavit of consent required by Section 3301 (C) of the Pennsylvania Divorce Code: by Plaintiff on March (G, 2000 and by Defendant on March A , 2000. (b) (1) Date of execution of the affidavit required by Section 3301 (d) of the Divorce Code: Not applicable: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Not applicable. 4. Related claims pending: None. All resolved by Agreement of the parties dated March /b , 2000. 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: Not applicable (b) Date Plaintiff's Waiver of Notice in Section 3301 (C) was filed with the Prothonotary. March 11. , 2000. Date Defendant's Waiver of Notice in Section 3301 (C) Divorce was filed with the Prothonotary.. March 1) 1 2000 7 Andrew C. Shee y, Esquire Attorney for Plaintiff U l - U;? r Y?r. d : lJ nCl r- - n 4 5 I 1 COIl p p .? U KARYN L. TOTTY, Plaintiff VS. JOSEPH A. TOTTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99 - ?c22? CIVIL TEP14 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 against you and a decree in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation with 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166/? n BY Andrew C. Shee-ly, Est PA. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiff -Andrew C. Shealy, Esquire 127 S. Market street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KARYN L. TOTTY, Plaintiff VS. JOSEPH A. TOTTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99 - 7.2 %G CIVIL TERM IN DIVORCE COMPLAINT 1. Plaintiff is Karyn L. Totty, an adult individual who currently resides at 6325 Chesterfield Lane, Mechanicsburg Cumberland County, Pennsylvania. 2. Defendant is Joseph A. Totty, an adult individual who resides at 400 North Walnut Street, Apartment 2, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fida residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 17, 1989 in Hesperia, California. 5. There have been no prior actions of divorce or annulment between the parties. 6. Neither party is a member of the armed forces of the United States of America. 7. Plaintiff has been advised of the availability of marriage counseling and understands that she may have the right to request that the court require the parties hereto to participate in counseling. I ®+_...._... 8. The marriage between the parties is irretrievably broken. 9. This action is not collusive. 10. The parties separated on November 14, 1999. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce divorcing Plaintiff and Defendant, absolutely. Respectfully? submitted, Date: November P , 1999 C Andrew C. Sheely, u're Attorney for Plaintiff PA ID No. 62469 P.O. Box 95 127 S. Market Street Mechanicsburg, PA 17055 697-7050 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: November 30, 1999 Kary L. Totty 2 Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KARYN L. TOTTY, Plaintiff VS. JOSEPH A. TOTTY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99 - 7.236 CIVIL TERM IN DIVORCE AFFIDAVIT Karyn L. Totty, being duly sworn according to law, deposes and says: (1) I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. (2) I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. (3) Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. I" J- a=z Kary L. Totty w N j4 ?j LU L:. JL t) ` r .J : o a O Andrew C. Shealy, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KARYN L. TOTTY, Plaintiff VS. JOSEPH A. TOTTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99 - 7236 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVING COMPLAINT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND ANDREW C. SHEELY, being duly sworn according to law, deposes and says that he caused a true and correct copy of the Divorce Complaint in the above-captioned matter to be served upon Joseph A. Totty, by Certified Mail, Restricted Delivery, Return Receipt Requested, as indicated by the attached receipt cards, on December 3, 1999. (( / ANDREW C. SHEELY SWORN to and subscribed before me this Ph day of December, 1999. /?LIV G'/ • / /??L Notary Public My Commission Expires: affio -s r ..r Teleplrmra (717) n97.7050 Joseph A. Toffy RESTRICTED DELIVERY FOR ADDRESSEE ONLY 400 North Walnut Street Apartment 2 Mechanicsburg, PA 17055 Dear Mr. Totty: December 1, 1999 RE: Totty v. Totty 99 - 7236 In Divorce Rix: (717) 1197.70nti Enclosed for service upon you in accordance with the Pennsylvania Rules of Civil Procedure is a true and correct copy of the divorce complaint recently filed on behalf of your wife, Karyn L. Totty. The Divorce Complaint was filed earlier today. In order to conclude the divorce, a period of ninety (90) days must expire after the date you receive this letter and the enclosed divorce complaint. At the end of the ninety (90) day period, I will forward an affidavit of consent and waiver of formal notice form to you. As such, the divorce could be final by early March. If you have questions about the Divorce Complaint or any other matter, feel free to contact me at your convenience. In the event you have an attorney, please have him or her contact me. Thanks for your attention to these matters.,,_ Very truly yours, A f" SENDER: -y :Omplete hems 1 andlor z for addrbnel services. - .Complete hems 3,ea, and ab. o g ePdnt your name and addreas on the reverse of this loan so that we can retum this C card to yuu. . Attach ttde font to the troll of the mailphce, or ca the bark If space doaa not O sW Rehvm Receipt Requaafad'on the mabplece below the article number. The Rolm Recelpt w{g ei o to wham Ow ankle was doevered and the date delivered. 'Mr. Joseph A. Totty 400 North Walnut Straet Apartment 2 Mechanicsburg, PA 17055 g u. blgnature: (AwO - ?r X I also wish to receive the e'PRS'E°f ED 2. ?R63dIQd0 fa consult postmaster for fee. S mbar 1 494 609 E, Ype i ; [3 Registered XX Cerbfled c,FxpressMail 0 Insured 0 Return Receipt for Merchandise 0 COD ° 7. Date of Del ery ? 3 1 J- T 8. Addressee's Address (Only If requested ar and fee Is paid) 1e2595.97-B-0178 ANDREW C. SHEA]LY ALTORNEY NI' Ir1\rr 127 S outlt m,,tLl stmwt P.O.Box95 \IcJmnis.Aurg. Pcnnsylv.min 1705:1 COPY Z 127 494 609 us PGmdi service Receipt for Certified Mail No Insurance Coverage Provided. 7- Postage CIS S> I eerOW Fee . '+ C) Spedal Delivery Fee Restddod Delivery Fee m ? Retuw,Aapppl StiWvine to vJldvnB Daleae6vaod? Flbak a tweet ••-• ? i, 2S? i To AL Pas,4 'Is S cts a f? LIJ ?_ ? JJ? c` G: S• Ol M u } r; R ? Y' L.,1 Andrew C.' Shealy, Esquire 127 S. Market street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KARYN L. TOTTY, Plaintiff VS. JOSEPH A. TOTTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99 - 7236 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 1, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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.A. Section 4904 relating to unsworn falsification to the authorities. DATE: ,jnf Il aoDo Karyn L. Totty ?' ?d ?. ?r ? ?? SjC "•- ClZ Z 4 ?? = . ? Q . f ? ?:u O °o U Andrew C" Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KARYN L. TOTTY, Plaintiff VS. JOSEPH A. TOTTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99 - 7236 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 93301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce decree 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.A. Section 4904 relating to unsworn falsification to the authorities. DATE : I V M A C iJ (o x000 Kary L. Totty Q O d t, nH (]r • t^ , 63 LLLL L R'. I ILLJ 'G (I) fi F S O C3 U Andrew C.* Shealy, Esquire 127 S. Market Street P.O. Box 95 Mechanicahurq, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KARYN L. TOTTY, Plaintiff VS. JOSEPH A. TOTTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99 - 7236 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on December 1, 1999. I acknowledge that I received a true and correct copy of the Divorce Complaint on December 3, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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.A. Section 4904 relating to unsworn falsification to the authorities. DATE:) seph A. tty u1C = 1 7? ` LL r: LU 1 LL ° O o U Andrew C.' Shealy, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KARYN L. TOTTY, Plaintiff VS. JOSEPH A. TOTTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99 - 7236 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 53301 (C) OF THE DIVORCE CODE 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, lawyer's fees or expenses if I do not claim them before a divorce decree 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.A. Section 4904 relating to unsworn falsification to the authorities. DATE: J eph A.q,&y ?l i' r ) { i E CL. ID >1 J_ C1 L~ ( 7 . Fi .a X S ©CL 0 O O U