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HomeMy WebLinkAbout99-07663J ::e?'?ti?•' ?,Y: '•:?•" {e: ?:Y,•' ICY -:K•: •:?....:ei' {?•- •:ei- `:?•' •:e:•:'•:e:•' :C•._{e:• {e}_i_:_?•::•3}::{E IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY STATE OF ttt PENNA. 5 DECREE IM 3 DIVORCE AND NOW,..®... P J*.. 2000 it is ordered and ?? ...... c!. .. . Darrell C. Dethlefs decreed that ................................................. . plaintiff, Jane L. Dethlefs 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; It is further ordered that the provisions of the Marriage Settlement Agreement dated December 22, 1999, between Plaintiff and Defendant, and filed of record in this action, are incorporated herein and made a part hereof by reference thereto, but shall not merge herein. ........................................................................... . e By The /Curt: /-?? ? ;• r r $ Allest: J Prothonotary •W?. <e• 14C* A <e: ? :6• <? • • ?:• -x <e:• ce: •:e} {K• •y:• u:• ce:• <e:• to:• :e:• ;r,• :e:• •:e:• w: •:e:? •:e:v e ~:? y ? •cd cam! u? ,,,/,>? ?? f? ?•/s •00 ?? r.?a?.E%<<d 7? tG?? DARRELL C. DETHLEFS, Plaintiff V. JANE L. DETHLEFS, Defendant : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY : PENNSYLVANIA NO. 7 (963 -0 V I L : CIVIL ACTION - LAW : IN DIVORCE MARRIAGE PROPERTY SETTLEMENT AGREEMENT ORIGINALI PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 02 day of December, 1999, is by and between; DARRELL C. DETHLEFS, of 3805 Market Street, Camp Hill, Pennsylvania, party of i the first part, hereinafter referred to as "Husband"; and, JANE L. DETHLEFS, of 111 Village Square West, Shermans Dale, Pennsylvania, part of the second part, hereinafter referred to as "Wife." I WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on July 28, 1990, and are the parents of one minor child: Emily Mae Coradina Dethlefs, born January 4, 1996 (hereinafter referred to as "child"); and I WHEREAS, certain difficulties have arisen between the parties hereto which have l i made them desirous of living separate and apart from one another and Husband plans to a shortly initiate an action in divorce against Wife; and WHEREAS, the parties wish to enter into an agreement for the division of their i common property and to define their respective rights, duties, and obligations; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the j resolution of their mutual differences, after both parties have had full and ample opportunity i to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1. CUSTODY. Custody of the parties' minor child, Emily, will not be the subject to this agreement and will be worked out by them separately. Both parties reserve unto themselves all rights and claims regarding their child. 2. RESIDENCE. Wife shall convey to Husband all of her right, title, and interest in the residential real estate owned by the parties at 104 Fairway Drive in Carlisle, Cumberland County, Pennsylvania, subject, however, to all liens, encumbrances, and other title restrictions existing on the property as of the date of this Agreement. Wife acknowledges that she has executed a deed to the property at the same time she executed this Agreement and authorizes Husband to record the deed promptly. 3. DEBTS SECURED BY RESIDENCE. Husband acknowledges that the residence at 104 Fairway Drive is encumbered by mortgages or other liens owed to First Union Mortgage Corporation (First Mortgage) and First Union Mortgage Corporation (Second Mortgage). Husband shall, within one (1) years of the date of this Agreement, refinance those obligations to obtain Wife's release from any further liability on them. 4. PAYMENTS TO WIFE FOR RESIDENCE. Husband shall pay to Wife, in consideration of the transfer of her interest in the residence at 104 Fairway Drive, the sum of Fifty-six Thousand ($56,000.00) Dollars, which sum shall be paid as follows: A. The sum of Ten Thousand ($10,000.00) Dollars which has been paid prior to the date of this Agreement, the receipt of which Wife hereby acknowledges; and, B. The sum of Forty-six Thousand ($46,000.00) Dollars upon the entry of the final decree in divorce in the action contemplated between the parties or upon Husband's refinancing of the residence, whichever first occurs. Neither payment shall bear interest until paid. 5. OFFICE REAL ESTATE. The parties acknowledge that they are part owners in the commercial property at 3805 Market Street in Camp Hill, Cumberland County, Pennsylvania, at which Husband currently operates his law office. Wife shall grant, convey and transfer unto Husband all of her right, title, and interest in and to such property, subject, however, to all liens, encumbrances, and other title restrictions existing on the property as of the date of this Agreement. Wife acknowledges that she has executed a deed to the property at the same time she executed this agreement and authorizes Husband to record the deed promptly. 6. DEBTS SECURED BY OFFICE REAL ESTATE. The parties acknowledge that the real estate at 3805 Market Street is currently encumbered by debts owed to First Union Mortgage Corporation and Harvey Hoffman. Husband shall, within three (3) years of the date of this Agreement, refinance such obligations to obtain Wife's release from any further liability on them. 7. PAYMENT TO WIFE FOR OFFICE REAL ESTATE. Husband shall pay to Wife, in consideration of the transfer of her interest in the real estate at 3805 Market 2 Street, the sum of Ten Thousand ($10,000.00) Dollars, which sum bill be paid to Wife, without interest, upon the completion of his refinancing of the debts which encumber that property in accordance with Paragraph 6 hereinabove. B. RETIREMENT BENEFITS. The parties acknowledge that both of them are participants in the Law Office of Darrell C. Dethlefs 401(k) Plan. The parties agree that Husband shall retain his account within the plan and all of the benefits and funds therein and Wife does hereby waive, release, and quitclaim any claim to or interest in Husband's said account. The parties agree that Wife shall retain her account within the plan and all of the benefits and funds therein and Husband does hereby waive, release, and quitclaim any claim to or interest in Wife's said account. The parties will make, execute, acknowledge and delivery any and all documents necessary to implement the provisions of this paragraph. 9. HUSBAND'S LAW OFFICE AND RELATED BUSINESS INTERESTS. The parties acknowledge that Husband is the owner of a sole proprietorship law practice which is known as "Law Office of Darrell C. Dethlefs" and is a participant in four \ joint ventures which operate title insurance agencies and which are known as \\ "Mid-American Abstract, Inc.", "Capital Area Abstract, Inc.", "Susquehanna Valley Abstract, LLC", "Strong Settlement Services, Inc.", and "Mid-Atlantic States Title, Inc." Wife hereby waives, releases, and relinquishes any and all interest in or claim to such business interests and all of the assets, tangible and intangible, which comprise or are owned by such business interests and does hereby confirm those business interests to be the sole and separate property of Husband free of any claim by Wife. 10. INVESTMENT ACCOUNTS. The parties acknowledge that they have previously held, jointly or individually, various investment accounts, bank accounts, and other assets with various financial institutions. The parties acknowledge that all of those assets are now held in Husband's name alone and Wife does hereby waive, release, relinquish, and quitclaim any and all claim to or interest in such accounts or assets and confirm the same to be the sole and separate property of Husband from and after the date of this Agreement. The parties agree that they shall make, execute, acknowledge and deliver any and all documents necessary to implement the terms and provisions of this Agreement. 11. DEBTS. The parties acknowledge that, in addition to the debts secured by encumbrances against real estate, which are described hereinabove, Husband owes personal loans to the Pennsylvania State Employees' Credit Union and the 3 -Sf'y--., ._;•.>-.(tint, i Wells Fargo Bank and that they owe various credit card obligations. The parties hereby agree that those debts and obligations shall be paid and assumed as follows: A. Husband shall be solely liable for the debts he owes to the Pennsylvania State Employees' Credit Union and the Wells Fargo Bank and will pay and satisfy such obligations in accordance with their terms. Husband shall indemnify and save Wife harmless from any loss, cost, or expense caused to her by his failure to pay and satisfy those debts as they are owed. B. Husband shall pay and satisfy, in accordance with their terms, the Visa card account owed to CitiBank and the American Express credit card, in strict accordance with their terms and conditions. Husband shall also pay and satisfy the Master card account owed to General Motors Credit. Husband shall indemnify and save Wife harmless from any loss, cost, or expense caused to her by his failure to pay and satisfy those debts as they are owed. Further, the parties will either terminate those accounts absolutely or revise and modify the terms of those accounts so that Wife shall no longer be permitted to charge on or use those accounts and shall no longer be liable for any debts incurred on those accounts and they shall make such modification within fifteen (15) days of the date of this Agreement. C. Wife shall pay and satisfy; in accordance with their terms, the Visa card account in her name owed to CitiBank, in strict accordance with their terms and conditions. Wife shall indemnify and save Husband harmless from any loss, cost, or expense caused to him by her failure to pay and satisfy those debts as they are owed. Further, the parties will either terminate those accounts absolutely or revise and modify the terms of those accounts so that Husband shall no longer be permitted to charge on or use those accounts and shall no longer be liable for any debts incurred on those accounts and they shall make such modification within fifteen 05) days of the date of this Agreement. 12. PAYMENTS TO WIFE. In consideration of the transfer and division of the property as set forth herein, and in satisfaction of Husband's support obligation as set forth hereinbelow, Husband shall make the following payments to Wife: 4 A. Husband shall pay Wife the sum of One Thousand ($1,000.00) Dollars per month for twenty-four (24) consecutive months, commencing on or before December 31, 1999, and continuing through November 2001. The payments shall be made directly to Wife and shall be due on or before the last day of each month. B. Husband shall pay to Wife the sum of Seven Thousand ($7,000.00) Dollars on or before January 4, 2001. C. Husband shall pay to Wife an additional sum of Seven Thousand ($7,000.00) Dollars on or before January 4, 2002. D. Husband shall pay to Wife the sum of Five Thousand ($5,000.00) Dollars upon her purchase of a new residence. The parties contemplate that Wife will purchase a residence for herself within a year or two of the date \ of this Agreement and Husband shall make the payment of Five Thousand v\ ($5,000.00) Dollars to her at least ten (10) days prior to the date set for 3 the settlement for her purchase of the residence. E. Husband shall further provide at his own expense, medical and health insurance for Wife in substantially the same form and providing substantially the same benefits as are provided by the insurance now in effect for Wife for a period of two (2) years from the date of this Agreement. 13. CHILD_ S_ UPPORT. With regard to the financial support of their daughter, Emily, 1 the parties hereby covenant, promise and agree as follows: I A. So long as Husband is making the payment of One Thousand i g ($1,000.00) Dollars per month to Wife, in accordance with Paragraph .i 12(A) hereinabove, Wife shall not demand or seek additional financial support from Husband for Emily. Wife acknowledges that such payments will satisfy Husband's obligation to make financial contributions to Wife for the support of the daughter and she agrees not to make any additional ,j demand for child support as long as those payments are being made. B. After the monthly payments of One Thousand ($1,000.00) Dollars terminate, the parties will attempt to reach further agreement for payment of financial support for Emily. In the event the parties cannot agree, either the parties will be free to ask the Court of Common Pleas of Cumberland County, or such other Court as they may select by mutual agreement, to determine the appropriate amount of child support to be i 5 ?i paid for Emily. Each party reserves unto themselves all of their claims and rights regarding such child support. C. Husband shall provide, at his own expense, medical and health insurance on Emily, in substantially the same form and providing substantially the same benefits, as are provided by the insurance now in effect for Emily. In addition, Husband shall pay all of the unreimbursed medical and health expenses for Emily which are incurred with his consent or, in the absence of his consent, are incurred on an emergency basis for the care of Emily. Husband's obligations under this sub-paragraph shall remain in effect until such time as the parties modify them by mutual agreement or such time as a Court enters an Order for child support, after which the terms and provisions of this sub-paragraph will be null and void and will be replaced by the provisions of the Order entered by the Court. D. Husband shall pay all of the direct costs of college education for Emily for a period not to exceed five (5) years. "Direct costs" shall include all costs paid directly to the private school in which Emily is enrolled as a full-time student working toward a degree of any type. Husband and Wife shall both participate equally, with the child, in deciding upon the education of the child. Husband's obligation to make payment of such direct costs shall, however, only be that amount due for such direct costs after considering all financial aid (excluding student loans or other loans) and the assets and income otherwise available to the child for the payment of such costs. E. Husband shall pay all of the direct costs of a private elementary and private secondary education for Emily. Husband and Wife shall both participate equally, with the child, in deciding upon the education of the child. Husband's obligation to make payment of such direct costs shall, however, only be that amount due for such direct costs after considering all financial aid (excluding student loans or other loans) and the assets and income otherwise available to the child for the payment of such costs. 14. INCOME TAXES. The parties agree they will file a joint income tax return for 1999 and that Husband will pay all taxes and all costs of preparing and filing the tax return. The parties further agree that, for the tax years 2000 and 2001, Husband shall be entitled to claim the personal exemption of their daughter, . `7 h _1 6 Emily. Commencing in tax year 2002 and thereafter, the parties will negotiate and agree upon the exemption for the child and which of them claims that exemption and, in the event that the parties cannot reach a mutual agreement, Husband shall be entitled to claim the child's exemption in all odd-numbered years and Wife shall be entitled to claim her exemption in all even numbered years. The parties will make, execute, acknowledge and deliver any and all documents necessary to implement the terms and provisions of this paragraph. 15. AUTOMOBILES. With regard to the motor vehicles owned by the parties, the parties agree as follows: A. Husband shall hereafter be the sole and separate owner of the 1995 Ford F150 vehicle. B. Wife shall hereafter be the sole and separate owner of the 1991 Mercury Sable vehicle. C. To the extent necessary, the parties will execute, acknowledge and t? deliver any and all documents necessary to transfer titles of the vehicles. \\\ D. If the titles to the said vehicles are encumbered by any debt or obligation, each party shall be solely responsible for and shall pay and satisfy the obligation on their vehicle, in accordance with its terms and provisions, and shall indemnify and save the other party harmless from any loss, cost, or expense caused by their failure to make payment of such debt. 16. PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property 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 was heretofore owned jointly or individually by the parties hereto, and this Agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 17. AIRCRAFT. The parties agree the Husband shall be the sole and separate owner of a 1977 Cessna 172 Aircraft, registration number N75621. Husband shall be solely responsible to pay the debt and obligation associated with the Aircraft. 18. WAIVER OF DISCLOSURE. The parties each acknowledge that they are aware that they have the right to receive formal disclosure, from the other, of the 7 assets, liabilities, incomes, and expenses of each of them and that they further have the right, as part of any divorce action filed between them, to compel the other party to provide information about such items, including the production of documents, depositions, and interrogatories, and that each of the parties further has the right to compel the other party to file formal documents with the Court listing assets, liabilities, incomes, and expenses, and that each party further has the right to have the Court decide and determine how the marital property and debts will be divided or distributed between the parties and to further decide the amount of support, alimony, or alimony pendente lite each of them is to pay. Being aware of those rights, each of the parties does hereby expressly waive the right to engage in such further disclosure or formal discovery and each of the parties specifically states and acknowledges that they are satisfied to settle their economic claims on the terms set forth in this Agreement without any further discovery. Further, each of the parties acknowledges that they have the right to consult an attorney, accountant, or other advisor of their choice, each of the parties has had ample opportunity to do so, and that each of the parties has either consulted such advisors or intentionally decided not to do so. Finally, the parties acknowledge that they are satisfied to accept the terms and provisions of this Agreement in full satisfaction of all economic claims or rights they have arising out of their marriage. 19. WAIVER OF ALIMONY, SUPPORT AND ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a 8 result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 20. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the Court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this Agreement, do hereby waive, release and quitclaim any further right to have a Court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this Agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 21. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights 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 remise, release, quit claim, 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 action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to 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 the other. 22. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of 9 any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, the right to equitable division of marital property, alimony, alimony pendonte lite, and counsel fees, except as provided for otherwise in this Agreement, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 23. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent to the other that neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this Agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and written consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 24. CONSENT TO DIVORCE. The parties agree that they shall, promptly upon the request of Husband, make, execute, acknowledge, and delivery consents and waivers pursuant to Section 3301(c) of the Pennsylvania Divorce Code and any and all other documents reasonably necessary to conclude a divorce action. The parties agree that they shall take any and all action necessary to conclude a divorce pursuant to Section 3301(c) promptly after the execution of this Agreement. 25. BREACH. In the event that any of the provisions of this Agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this Agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this Agreement or otherwise protect their rights. In the event that such action is commended by one of the parties and the other party is found to have breached or violated any of the terms 10 and provisions of this Agreement, the party having so violated or breached the Agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 26. RELEASE. The parties acknowledge that the purpose of this Agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this Agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this Agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this Agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this Agreement, which shall survive the date of this Agreement until such obligations are fully performed. 27. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the Courts of, the Commonwealth of Pennsylvania. 28. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and full enforceable. 29. NON-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. -. r aa® IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above-written. 4.DARLL DETHLEFS kU JANE L. DETHLEFS COMMONWEALTH OF PENNSYLVANIA / SS. I COUNTY OF On this, the L day of ) Y CI?LC i2 r 19 before me, the undersigned officer, personally appeared DARRELL C. DETHLEFS known to me (or satisfactorily proven) to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged that she/he/they executed the same for the purposes herein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal. I r d h ? ? Co n5 hn!I Cn i .y i ? ;Notary Public COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF 1 before me, the On this, the ~`L ?P 19 qCt _ da y of ? J ? l r undersigned officer, personally appeared JANE L. DETHLEFS known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are- subscribed to the within instrument and acknowledged that she/hefehey-- executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOtaf4PubJid- L? LC? 12 >- = ?: : - . ? .. ?. ?,. ._ ., ?- ?. - ' • ?, ? e:: ,- ?_, ... ,_, DARRELL C. DETHLEFS, Plaintiff V. JANE L. DETHLEFS, Defendant To the Prothonotary: : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY : PENNSYLVANIA NO. 99-7663 Civil : CIVIL ACTION -LAW : IN DIVORCE Transmit the record, together with the following information, to the court for entry ofa divorce decree; 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the complaint: 12-27-99 via personal service. Acceptance of Service signed 12-27-99, filed 12-30-99 and made a part of the record. 3. Complete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff 3-28-00; by the Defendant 3-28-00. B. (1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: N/A; (2) Date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file Praecipe to Transmit record, and attach a copy of said notice under Section 3301 (d)(1)(i) of the Divorce Code: Waiver signed by Defendant on 3/28/2[)0() and Plaintiff on 3/28/2000. Dethlefs, Pro Se i r C) U [I. -_ DARRELL G DETHLEFS, Plaintiff V. JANE L. DETHLEFS, Defendant : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY : PENNSYLVANIA NO. 44 _ 7( Q l;.Gcj : CIVIL ACTION -LAW : IN DIVORCE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you including custody or visitation of your children. When the grounds for the divorce are 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. 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pa 17013 (717)249-3166 Sr - DARRELL C. DETHLEFS, Plaintiff V. JANE L. DETHLEFS, Defendant : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY : PENNSYLVANIA Cc.nl T? NO. 9 % • 766 3 : CIVEL ACTION -LAW : IN DIVORCE AND NOW, comes the Plainta Darrell C. Dethlefs, Pro Se, and seeks to obtain a Decree in Divorce from the Bonds of matrimony with the above-named Defendant and in support avers the following: 1. Plaintiff, Darrell C. Dethlefs, is an adult individual who currently resides at 104 Fairway Drive, Carlisle, Cumberland County, Pennsylvania. The Plaintiffs social security number is 180-62-6682. 2. Defendant, Jane L. Dethlefs, is an adult individual who currently resides at 111 Village Square West, Shermans Dale, Perry County, Pennsylvania. The Defendant's social security number is 168-48-2924. 3. Both Plaintiff and Defendant have been bonified residents of the Commonwealth of Pennsylvania for at least six (6) months immediately preceding the filing of this Complaint. 4. The parities were married on July 28, 1990 in Perry County, Commonwealth of Pennsylvania. 5. The Plaintiff and Defendant are both citizens of the United States of America. 6. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 7. Plaintiff has been advised of the availability of counseling and that he and the Defendant may have the right to request that the Court require the parties to participate in such counseling. 8. The parties have entered into a written agreement with regard to support, alimony and property division. 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that the Defendant may also file such an affidavit consenting to a divorce. 12. Plaintiff has been advised of the availability of counseling and that he and the Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to divorce after ninety (90) days have elapsed from filing of the Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(C) of the Divorce Code. 13. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 14. The Marriage of the parties is irretrievably broken. 15. After a period of two (2) years has elapsed form the date of separation, Plaintiffintends to file his affidavit of having lived separate and apart. 16. Plaintiff has been advised of the availability of counseling and the Plaintiff and Defendant have the right to request the Court to require parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed his affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(D) of the Divorce Code. Submitted; By: arrell C. Dethlefs, Pro Se 104 Fairway Drive Carlisle, PA 17013 (717) 975-9446 'a o 0 0 ?'J a c.) " r DARRELL C. DETHLEFS, Plaintiff IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA V. JANE L. DETHLEFS, Defendant NO. ('I?- -7663 C : CIVIL ACTION -LAW : IN DIVORCE I hereby certify and represent that I received a true and correct copy of the above captioned Divorce Complaint on the date written below. is ko 9 r`L Date Jane . Dethlefs ?- ?_; =?- ?., ?? ?_ - ????_. _ ?: ?.: ? - ?, ?: ?. ,.. _ ? _ if - - .': DARRELL C. DETHLEFS, Plaintiff V. JANE L. DETHLEFS, Defendant : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY : PENNSYLVANIA : NO. 99-7663 Civil : CIVIL ACTION -LAW : IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about December 27, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that if a claim for alimony, alimony pendente lite, marital property, counsel fees, or expenses has not been filed with the Court before the entry of a final decree in divorce, the right to claim any of them will be lost. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject j? the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to autho ' i s. Date: Plaintiff ? J _ _ L J: i t:J CL. DARRELL C. DETHLEFS, Plaintiff V. JANE L. DETHLEFS, Defendant : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY : PENNSYLVANIA : NO. 99-7663 Civil : CIVIL ACTION - LAW : IN DIVORCE I consent to 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 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 a 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 authorities. 4 Date: g,20_ 2000 C. Dethlefs, Plaintiff ?' ?: .. ??? ? T l i. '': .?_ '. % ?? ii„ . _ 1.1 ? ? :ll __ (V .I j ' ^- iijJ _ ? 17 ;'? ? L4 ?? s ° U DARRELL C. DETHLEFS, Plaintiff V. JANE L. DETHLEFS, Defendant : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY :PENNSYLVANIA : NO. 99-7663 Civil : CIVIL ACTION -LAW : IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about December 27, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the Complaint. I consent to the entry of a final decree of divorce. 4. I understand that if a claim for alimony, alimony pendente lite, marital property, counsel fees, or expenses has not been filed with the Court before the entry of a final decree in divorce, the right to claim any of them will be lost. 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 unworn falsification to authorities. Datela'l, K L? e L. Dethlefs, Defendant r r• v: C. c In: CTI U) CV _: DARRELL C. DETHLEFS, Plaintiff V. JANE L. DETHLF.FS, Defendant IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 99-7663 Civil CIVIL ACTION -LAW IN DIVORCE 1. I consent to 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 a 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 unworn falsification to authorities. Date: 13/o?d'12OJze Dethlefs, Defendant [r lf rv . rJ\ ?l ) J ' ' CL . O :?