HomeMy WebLinkAbout04-0167ROBERT C. PETERS, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION -LAW
DIANA L. PETERS, NO. 0q- t (O -7 CIVIL TERM
Defendant 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
will proceed without you and a decree of divorce or annulment may be entered against you for
any claim or relief requested in these papers by the Plaintiff. You may lose money or property or
other rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County,
Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
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
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
ROBERT C. PETERS, JR.,
Plaintiff
V.
DIANA L. PETERS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. d y - 11.7 CIVIL TERM
IN DIVORCE
COMPLAINT IN DIVORCE
NO FAULT
1. Plaintiff is Robert C. Peters, Jr., an adult individual currently residing at 315 North
Baltimore Avenue, Apt. 1, Mount Holly Springs, Cumberland County, Pennsylvania.
2. Defendant is Diana L. Peters, an adult individual currently residing at 733 Mount
Rock Road, Carlisle, Cumberland County, Pennsylvania.
3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so
for at least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on July 3, 1980, in Ocean City, Maryland.
5. There have been no other prior actions for divorce or annulment between the parties.
6. Neither the Plaintiff nor the Defendant are members of the United States Armed
Forces or its Allies.
7. Plaintiff has been advised of the availability of counseling and the right to request that
the Court require the parties to participate in counseling. Knowing this, Plaintiff does
not desire that the Court require the parties to participate in counseling.
8. Plaintiff and Defendant are citizens of the United States of America.
9. The parties' marriage is irretrievably broken.
10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90)
days from the date of the filing of this Complaint, consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23
P.S. Section 3301 (c) of the Domestic Relations Code.
`GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
Respectfully submitted,
VERIFICATION
I verify that the statements made in the foregoing document 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 falsifications to authorities.
DATE: / ,F,
BER C. CT RS JR. laintiff
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ROBERT C. PETERS, JR IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 04-167 CIVIL TERM
DIANA L. PETERS IN DIVORCE
COUNTERCLAIM
Defendant/counter-plaintiff avers, by way of counterclaim.
COUNT I - EQUITABLE DISTRIBUTION
1. Plaintiff and defendant/counter-plaintiff are the joint owners as tenants by the
entireties of various items of personal property, furniture and household furnishings and
real estate acquired during the marriage which are subject to equitable distribution by this
court.
2. Defendant/counter-plaintiff requests this Honorable Court to equitably divide
all marital property of the parties.
Respectfully submitted,
Attorney for Defendant/
Counter-Plaintiff
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 10 Pa.C.S.
Sec. 4904 relating to unswom falsification to authorities.
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ROBERT C. PETERS, JR.,
Plaintiff
V.
DIANA L. PETERS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-167 CIVIL TERM
IN DIVORCE
ACCEPTANCE OF SERVICE
I, Frances H. Del Duca, Esquire, acknowledge that on 2004,1
received a certified and true copy of a Complaint in Divorce in the above captioned action and
further acknowledge that I am authorized to do so on behalf of my client, Diana L. Peters.
Da adz/ C-/ "- N4 ev YJ /ate ??? t?-?'
"Frances H. Del Duca, Esquire
10 West High Street
Carlisle, PA 17013
Sworn and subscribed to
before m,?,*is C? Z7t day
of 2004
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ROBERT C. PETERS, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
DIANA L. PETERS, : NO. 04-167 CIVIL TERM
Defendant : IN DIVORCE
PETITION FOR SPECIAL RELIEF
AND NOW, comes Petitioner, Robert C. Peters, Jr., by and through his counsel,
Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, and petitions the
Court as follows:
1. Your Petitioner is the above-named Plaintiff, Robert C. Peters, Jr., an adult
individual currently residing at 315 North Baltimore Avenue, Apt. 1, Mount
Holly Springs, Cumberland County, Pennsylvania.
2. Your Respondent is the above-named Defendant, Diana L. Peters, an adult
individual currently residing at 733 Mount Rock Road, Carlisle, Cumberland
County, Pennsylvania.
3. The parties are subject to a divorce action that was initiated by Petitioner on
January 13, 2004.
4. Counsel for Petitioner has been advised by contact with Frances H. Del Duca,
Esquire of 10 West High Street, Carlisle, Pennslyvania, that Ms. Del Duca is
representing Respondent; however, Ms. Del Duca has not entered her
appearance in this action as of this date.
5. The parties are the joint owners of real estate located at 733 Mount Rock
Road, Carlisle, Cumberland County, Pennsylvania.
6. The aforementioned property is in foreclosure in an action docketed as
GMAC Mortgage Corporation vs. Robert C. Peters, Jr. and Diana L. Peters at
No. 03-3963 Civil Term in the Court of Common Pleas of Cumberland
County, Pennsylvania.
7. Due to the aforesaid foreclosure action, the parties' real estate is scheduled for
sale at a Sheriff's Sale on March 4, 2004.
8. The approximate balance due on the mortgage foreclosure action is
$115,000.00.
9. In the fall of 2003, through his efforts alone, Petitioner was able to secure a
cahs purchaser for the parties' property at a sale price of $190,000.00, with no
contingencies.
10. The within referenced real estate was appraised in the fall of 2003 by
Diversified Appraisal Services at a value of $197,000.00.
11. Respondent, while confirming that she wishes to sell the real estate and cannot
maintain the mortgage on the property, has failed and refused to take action to
allow the real estate settlement to be concluded so as to allow the parties to
preserve the large amount of equity that they have accrued in their home.
12. Respondent's actions have lead the parties to the point where they are in
jeopardy of losing their real estate through a Sheriff's Sale, which will cause
them to lose substantial equity of around SEVENTY-FIVE THOUSAND
AND XX/100 ($75,000.00) DOLLARS that they have accrued in their home.
13. Petitioner and his counsel have repeatedly requested of Respondent and her
counsel that the Respondent execute a sales agreement that was executed by
Petitioner nearly four months ago, without success.
14. Petitioner and his counsel have repeatedly requested of Respondent and her
counsel that the sale of the real estate be scheduled for settlement so that the
parties can secure funds from the cash purchaser, who is waiting to purchase
the property, and avoid the Sheriff's Sale proceedings, without success.
15. Petitioner, through counsel, has advised Respondent, through counsel, that a
Petition for Special Relief would be filed to force the sale of the property and
avoid the Sheriff Sale if Respondent's corporation was not forthcoming.
16. Respondent finally made a proposal for an interim resolution that allows for
the sale of the aforesaid real estate and the distribution of the proceeds.
17. Although Petitioner was not completely in agreement with all terms of the
interim arrangement proposed by Respondent, he compromised and accepted
that arrangement so that settlement could be scheduled in this matter, a copy
of said signed Agreement being attached hereto and incorporated herein by
reference as Exhibit "A."
18. Settlement was scheduled for 2:00 p.m. on Friday, February 13, 2004.
19. The prospective purchasers of the property wished to confirm that possession
would be conveyed at the time of settlement in this matter.
20. Petitioner, through counsel, has been advised by Respondent's counsel that
Respondent will not vacate the residence so as to provide possession to
purchasers at the time of settlement.
21. Due to Respondent's refusal to vacate the premises, settlement cannot occur
as scheduled for 2:00 p.m. on Friday, February 13, 2004.
22. The Sheriff's Sale referenced above is less than three weeks away from the
filing of this Petition, at which time the parties will lose substantial equity in
their real estate unless settlement is concluded through the cash purchaser that
Petitioner has secured.
23. Petitioner believes, and therefore avers, it is in both parties' best interest, and
in the interest of fairness and equity in these proceedings, to Order
Respondent to take part in the sale of the property as aforesaid.
24. After the payment of routine or required settlement costs, the proceeds of sale
should be distributed as agreed upon by the parties through the interim
agreement which has been signed by both parties and is attached hereto and
incorporated herein by reference as Exhibit "A."
25. Respondent has been aware since the middle of October 2003 of the
availability of a cash purchaser and settlement dates have been scheduled on
at least four occasions, but have been postponed due Respondent's actions.
26. Respondent's refusal to allow settlement to occur and to participate in
settlement will create irreparable harm to Petitioner.
27. The within Petition was initially drafted prior to the Respondent's offer of the
interim agreement that was been agreed upon between the parties, but filing
was withheld pending settlement.
28. The agreement has now been modified to reflect the fact that while
Respondent has agreed to an interim arrangement relative to the distribution
proceeds from sale, she has refused to vacate the residence.
29. Respondent's conduct is obnoxious, obdurant, and vexatious, and as such, she
should be responsible for the Petitioner's attorney fees associated with
initiating this Petition for Special Relief, as well as all fees associated with
concluding this matter.
WHEREFORE, Petitioner requests your Honorable Court to enter a Rule upon
Respondent to show cause, if any she has, as to why the Court should not order and direct
her to attend settlement on the sale of the property at 733 Mount Rock Road, Carlisle,
Cumberland County, Pennsylvania, where she must execute all settlement documents,
and why she should not be Ordered to vacate the residence.
Respectfully submitted,
0
Dat . Griffie, Esquire
Attorney for Plaintiff/Petitioner
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I verify that the statements made in the foregoing document 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 unswom falsifications to authorities.
DATE: R" V
ROBERT C. ETERS
JIN-30-2004 03:11 PM FRRNCESDELDUCA 717 258 4940 P.02
AGREEMENT
day of February, 2004, by and
THIS AGREEMENT entered into this ) r A
between DIANA L. PETERS and ROBERT C. PETERS, JR., husband and wife, of
Cumberland County, Pennsylvania,
IT IS MUTALLY AGREED as follows:
1) The parties will execute a deed for their marital property located at
733 Mt. Rock Road, Carlisle, Pennsylvania, for the sum of $190,000.
2) At the time of settlement, the mortgage of $113,285.49 will be paid
plus the one percent transfer tax.
3) The amount of $26,844.93 will be held in escrow toward payment
of joint credit cards, namely First USA, $9,890.57, First USA, $5,969.21,
Providian Chase, $10,985.15. Husband's attorney will take responsibility to
contact these three joint creditors for purpose of settling the claims at the lowest
possible amount. The balance remaining after those three joint debts are paid will
then he distributed to husband and wife on a 50/50 basis.
4) The parties agree that an additional $20,000 will be held in escrow
toward payment of federal and state income tax returns for the year 2000, 2001,
and 2002. Wife does not agree that she has equal liability with husband for the
federal and state liability, which she will assert in her claim for equitable
distribution.
5) The parties agree that remaining amounts from the sale of the
marital residence, after the amounts that are held in escrow, will be approximately
EXHIBIT
8
JON-30-2004 03:11 PM FRBNCESDELDUCO 717 258 4940 P_03
$27,970.51, which the parties agree to divide between them on a
50/50 basis at the time of the real estate settlement.
6) The parties agree that they will go forward with wife's
claim for equitable distribution of other personal property in
which the parties have an interest.
7) The escrow account shall be held by both attorneys for
the parties.
INTENDING to be legally bound, the parties hereunto set their
hands and seals this 3 rA day of February, 2004.
WITNESS:
Diana L. Peters
1
Robert Peter , r.
(SEAL)
SEAL)
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ROBERT C. PETERS, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -LAW
DIANA L. PETERS, NO. 04-167 CIVIL TERM
Defendant IN DIVORCE
TO THE PROTHONOTARY:
PRAECIPE
Please withdraw the Petition for Special Relief filed by the Plaintiff, Robert C.
Peters, Jr., in the above-captioned action, relative to his request for a Rule to Show Cause
requiring Defendant to execute documents associated with the sale of real estate.
Respectfully submitted,
D t9 e Gri Esquire
dRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
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ROBERT C. PETERS, JR.,
Plaintiff
V.
DIANA L. PETERS,
Defendant
IN THE COURT OF COMMON PLEAS OF
DAUPHIN COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-167 CIVIL TERM
IN DIVORCE
NOTICE
If you wish to deny any of the statements set forth in the attached affidavit, you must file
a counter-affidavit within twenty days after this Affidavit has been served on you or the
statements will be admitted.
AFFIDAVIT UNDER 43301(d) OF THE DIVORCE CODE
1. The parties to this action separated since September 19, 2003 and have continued to
live separate and apart since that time.
2. The marriage is irretrievable broken.
3. 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.
I verify that the statements made in the foregoing document 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 unswom falsifications to authorities.
DATE:
RO T . PEERS, JR., PI ' tiff
ez?
ROBERT C. PETERS, JR.,
Plaintiff
V.
DIANA L. PETERS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-167 CIVIL TERM
IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
AND NOW comes Plaintiff, Robert C. Peters, Jr., by and through his attorney of record,
Bradley L. Griffie, Esquire, and moves the Court to appoint a Master with respect to the following
claims:
(x) Divorce (x) Distribution of Property
O Annulment O Support
O Alimony O Counsel Fees
O Costs and Expenses O Alimony Pendente Lite
and in support of his Motion states:
Discovery is complete as to the claims for which the appointment of a Master is
requested.
2. The Defendant has appeared in this action represented by Frances H. Del Duca,
Esquire.
3. The Statutory grounds for divorce are 23 Pa.C.S.A. §3301(c) or 3301(d).
4. This action is contested with respect to the claims: All of the above except divorce.
5. The action does not involve complex issues of law or fact.
6. The hearing is expected to take one day.
7. Additional information, if any, relevant to the motion: None.
Respectfully submitted,
AtkrAe-y forWaintiiff
GRIFFIE ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
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ROBERT C. PETERS, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
DIANA L. PETERS, : NO. 04-167 CIVIL TERM
Defendant : IN DIVORCE
ORDER APPOINTING MASTER
AND NOW this 70.-
day of 2005, E. Robert Elicker, II,
Esquire, is appointed Master with respect to the following claims: Divorce and Distribution of
Property.
BY THE COURT,
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P, J.
cc: /Bradley L. Griffie, Esquire
Attorney for Plaintiff
fira-nees H. Del Duca, Esquire
Attorney for Defendant
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ROBERT C. PETERS, JR.
vs.
DIANA L. PETERS
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No.
04-167
Civil.
Dear Prothonotary:
Please withdraw my appearance in the above captioned
matter.
To
Prothonotary
October 17, 2005
Attorney for Wainti€); e
C No. Term, 19
Pi- f n L.
7, rV
Ifs.`
VS.
PRAECIPE
19
Atty.
ROBERT C. PETERS, JR.
VS.
DIANA L. PETERS
Dear Prothonotary:
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 04-167 Civil.
Please enter the appearance of Diana L. Peters pro se
in the above captioned matter.
Carlisle 17013
717-245-9882
To
Prothonotary
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?F TE `r r Ry
1. 0", 250i''T 17 i=i l*Cu
NO. Term, 19
vs.
PRAECIPE
19
Atty.
r
ROBERT C. PETERS, JR.
Plaintiff
vs.
DIANA L. PETERS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 04-167 CIVIL TERM
IN DIVORCE
PETITION TO WITHDRAW AS COUNSEL
AND NOW, comes Petitioner, Bradley L. Griffie, Esquire, and the law firm of Griffie &
Associates, and petitions the Court as follows:
1. Petitioner is counsel of record for the above named Plaintiff, Robert C. Peters, Jr.
2. Respondent in this matter is Robert C. Peters, Jr., with a last known mailing address
of PO Box 1085, Carlisle, Pennsylvania, 17013.
3. In November of 2005, the Master, Robert E. Elicker, II, Esquire, was appointed as
Master in these proceedings.
4. Without Petition, Frances L. DelDuca, Esquire, withdrew as counsel for the above
named Defendant, Diana L. Peters.
5. Despite multiple correspondence from your Petitioner to Respondent, Respondent has
not been in contact with Petitioner's office regarding this divorce matter for at least
one and one-half years and has not responded to the most recent correspondence
dated July 31, 2007 from Petitioner to Respondent in this matter.
6. Respondent's retainer with Petitioner has been exhausted and no additional retainer
has been provided despite request to do so.
7. Petitioner is without any direction from Respondent on how he wishes to advance this
matter and Petitioner cannot appropriately represent Respondent under circumstances
where he fails and refuses to contact Petitioner.
WHEREFORE, Petitioners requests your Honorable Court enter a Rule upon Petitioner to
show cause, if any he has, as to why Petitioner should not be permitted to withdraw as counsel
for the Respondent in the above captioned matter.
1,9 3
Date
2D0 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
Respectfully submitted,
VERIFICATION
I verify that the statements made in the foregoing document 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 falsifications to authorities.
DATE: ?&i I 0
ROBERT C. PETERS, JR. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION -LAW
DIANA L. PETERS, NO. 04-167 CIVIL TERM
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
I, Bradley L. Griffie, Esquire, hereby certify that I did, the C4 day of August, 2007,
cause a copy of Petitioner's Petition to Withdraw as Counsel and resulting Order of Court and
Rule to Show Cause to be served upon Respondent by first-class mail, postage prepaid at the
following addresses:
Robert C. Peters, Jr.
PO Box 1085
Carlisle, PA 17013
DATE: 1
Br if e, Esquire
i Att Mey for Respondent
G E & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
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ROBERT C. PETERS, JR.
Plaintiff
VS.
DIANA L. PETERS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
NO. 04-167 CIVIL TERM
IN DIVORCE
AMENDED PETITION TO WITHDRAW AS COUNSEL
AND NOW, comes Petitioner, Bradley L. Griffie, Esquire, and the law firm of Griffie &
Associates, and petitions the Court as follows:
1. Petitioner is counsel of record for the above named Plaintiff, Robert C. Peters, Jr.
2. Respondent in this matter is Robert C. Peters, Jr., with a last known mailing address
of PO Box 1085, Carlisle, Pennsylvania, 17013.
3. In November of 2005, the Master, Robert E. Elicker, II, Esquire, was appointed as
Master in these proceedings.
4. Without Petition, Frances L. DelDuca, Esquire, withdrew as counsel for the above
named Defendant, Diana L. Peters.
5. Despite multiple correspondence from your Petitioner to Respondent, Respondent has
not been in contact with Petitioner's office regarding this divorce matter for at least
one and one-half years and has not responded to the most recent correspondence
dated July 31, 2007 from Petitioner to Respondent in this matter.
6. Respondent's retainer with Petitioner has been exhausted and no additional retainer
has been provided despite request to do so.
7. Petitioner is without any direction from Respondent on how he wishes to advance this
matter and Petitioner cannot appropriately represent Respondent under circumstances
where he fails and refuses to contact Petitioner.
8. No Judge has been previously involved in this matter or in related issues associated
with this matter.
9. There is no opposing counsel in this matter, as the opposing party is pro se. Further,
the Petition is directed toward the Plaintiff, Robert C. Peters, Jr., who is actually the
Respondent herein, and as multiple attempts to contact the Respondent have been
done without success, your Petitioner is unable to indicate the Respondent's position
relative to the Motion.
WHEREFORE, Petitioners requests your Honorable Court enter a Rule upon Petitioner to
show cause, if any he has, as to why Petitioner should not be permitted to withdraw as counsel
for the Respondent in the above captioned matter.
Respectfully submitted,
13116-7
Date
a-? 'I
Chiffie, Esquire
IE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I verify that the statements made in the foregoing document 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 unworn falsifications to authorities.
DATE: 3
r e, Esquire
ROBERT C. PETERS, JR. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION -LAW
DIANA L. PETERS, : NO. 04-167 CIVIL TERM
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE
ST
I, Bradley L. Griffie, Esquire, hereby certify that I did, the day of August, 2007,
cause a copy of Petitioner's Petition to Withdraw as Counsel and resulting Order of Court and
Rule to Show Cause to be served upon Respondent by first-class mail, postage prepaid at the
following addresses:
Robert C. Peters, Jr.
PO Box 1085
Carlisle, PA 17013
DATE: 1d) I d
Phtion L. iff ie, Esquire
er/Attorney for Respondent
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
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ROBERT'C. PETERS, JR. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION -LAW
DIANA L. PETERS, : NO. 04-167 CIVIL TERM
Defendant IN DIVORCE
ORDER OF COURT
AND RULE TO SHOW CAUSE
AND NOW, this I day of 2003, upon presentation and
consideration of the within Petition, a Rule is hereby issued upon Respondent, Robert C. Peters,
Jr., to Show Cause, if any he has, as to why Bradley L. Griffie, Esquire and the law firm of
Griffie & Associates should not be permitted to withdraw as her counsel in the above-captioned
matter.
Rule returnable 20 days after service by first-class mail, postage prepaid upon the
Respondent to his last known address.
By the Court,
Cc:
Bradley L: Griffie, Esquire
Petitioner/Attorney for Respondent
Robert C. Peters 7-01
PO Box 1085
Carlisle, PA 17013 `'T?'
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ROBERT C. PETERS, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION -LAW
DIANA L. PETERS, NO. 04-167 CIVIL TERM
Defendant IN DIVORCE
PETITION TO MAKE RULE ABSOLUTE
AND NOW, comes Petitioner, Bradley L. Griffie, Esquire and the law firm of
Griffie & Associates and petitions the Court as follows:
1. Your Petitioner is counsel of record for the above named Plaintiff, Robert C.
Peters, Jr.
2. Your Respondent in this matter is Robert C. Peters, Jr., with a last known mailing
address of PO Box 1085, Carlisle, Pennsylvania, 17013.
3. A Petition to Withdraw as counsel was filed in this matter and an Amended
Petition to Withdraw as Counsel was filed on September 5, 2007.
4. An Order of Court was entered on September 7, 2007, a copy of said Amended
Petition to Withdraw as Counsel and the Resulting Order of Court and Rule to
Show Cause being attached hereto and incorporated herein by reference as
Exhibit "A".
5. A true and attested copy of the Petition and resulting Order of Court and Rule to
Show Cause was served by first class mail, postage prepaid, upon the Respondent
at his last known address by correspondence of September 13, 2007.
6. In excess of 26 days have passed since the mailing of the Petition to Withdraw
and Rule to Show Cause and no Answer has been filed.
7. There has been no contact with Petitioner from Respondent on this matter.
8. The appropriate time period for mailing and the appropriate time period set forth
in the Rule to Show Cause have passed without a response and, therefore, it is
appropriate to enter an Order making the Rule absolute.
WHEREFORE, Petitioner requests your Honorable Court to enter an Order
making the prior Rule absolute and thereby permitting Petitioner to withdraw as counsel
of Respondent in this matter.
Respectfully submitted,
Griffie, Esquire
200'North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
I verify that the statements made in the foregoing document 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 falsii
DATE:
ROBERT C. PETERS, JR.,
Plaintiff
vs.
DIANA L. PETERS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-167 CIVIL TERM
IN DIVORCE
CERTIFICATE OF SERVICE
I, Bradley L. Griffie, Esquire hereby certify that I did, the day of October,
2007, cause a copy of Petitioner's Petition to Make Rule Absolute to be served upon the
Respondent, Robert C. Peters, Jr., by serving him by first class mail, postage prepaid, at
the following addresses:
Robert C. Peters, Jr.
PO Box 1085
Carlisle, PA 17013
DATE: I I)bJ6 7
n
14
SEP 4.620D7,0/
ROBERT C. PETERS, JR. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
DIANA L. PETERS, NO. 04-167 CIVIL TERM
Defendant IN DIVORCE
ORDER OF -COURT
AND RULE'TO SHONN' CAUSE
7
AND NOW. this 7L.- day of 200,a', upon presentation and
consideration of the within Petition, a Rule is hereby issued upon Respondent; Robert C. Peters;
Jr., to Show Cause, if any he has, as to why Bradley L. Griffie. Esquire and the law firm of
Griffie & Associates should not be permitted to withdraw- as her counsel ui the above-captioned
matter.
Rule returnable ?2o days after service by first-class mail, postage prepaid upon the
Respondent to his last 12iown address.
By the Court,
J.
Cc: Bradley L. Griffie, Esquire
PeLitionerlAttorniey fbr Respondent
Robert C. Peters
PO Boy: 1085
Carlisle; PA 1701
PY FPM MMM'
t `.;
Exhibit "A"
ROBERT C. PETERS, JR. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION -LAW
DIANA L. PETERS, NO. 04-167 CIVIL TERM t' cn
-;-,`=-
Defendant IN DIVORCE - ! rr r r
Cr,
AMENDED PETITION TO WITHDRAW AS COUNSEL r?F
AND NOW, comes Petitioner, Bradley L. Grime, Esquire, and the law firm of GOffie
Associates, and petitions the Court as follows:
1. Petitioner is counsel of record for the above named Plaintiff, Robert C. Peters, Jr.
2. Respondent in this matter is Robert C. Peters, Jr., with a last known mailing address
of PO Box 1085, Carlisle, Pemzsylvania, 17013.
3. In November of 2005, the Master, Robert E. Elicker, II, Esquire, was appointed as
Master in these proceedings.
4. Without Petition, Frances L. DelDuca, Esquire, withdrew as counsel for the above
named Defendant, Diana L. Peters.
5. Despite multiple correspondence from your Petitioner to Respondent, Respondent has
not been in contact with Petitioner's office regarding this divorce matter for at least
one and one-half years and has not responded to the most recent correspondence
dated July 31, 2007 from Petitioner to Respondent in this matter.
6. Respondent's retainer with Petitioner has been exhausted and no additional retainer
has been provided despite request to do so.
7. Petitioner is without any direction from Respondent on how he wishes to advance this
matter and Petitioner cannot appropriately represent Respondent under circumstances
where he fails and refuses to contact Petitioner.
8. No Judge has been previously involved in this matter or in related issues associated
with this matter.
9. There is no opposing counsel in this matter, as the opposing party is pro se. Further,
the Petition is directed toward the Plaintiff, Robert C. Peters, Jr., who is actually the
Respondent herein, and as multiple attempts to contact the Respondent have been
done without success, your Petitioner is unable to indicate the Respondent's position
relative to the Motion.
WHEREFORE, Petitioners requests your Honorable Court enter a Rule upon Petitioner to
show cause, if any he has, as to why Petitioner should not be permitted to withdraw as counsel
for the Respondent in the above captioned matter.
Respectfully submitted,
31??--?
Date . Grif ie, Esquire
IE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
i ?'
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 N.C.S. Section
4904, relating to unsworn falsifications to authorities.
3?
DATE: ? ?
4 ®rile, Esquire
4??-
i k.
ROBERT C. PETERS, JR. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION -LAW
DIANA L. PETERS, NO, 04-167 CIVIL TERM
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
ST
I, Bradley L. Griffie, Esquire, hereby certify that I did, the 31 day of August, 2007,
cause a copy of Petitioner's. Petition to Withdraw as Counsel and resulting Order of Court and
Rule to Show Cause to be served upon Respondent by first-class mail, postage prepaid at the
following addresses:
Robert C. Peters, Jr.
PO Boa 108.5
Carlisle, PA 17013
DATE: ) d-7
otitionerlAttorn ie, Esquire
ey for Respondent
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
?? J
:rG
jl?
OCT 7 62007/"
ROBERT C. PETERS, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION -LAW
DIANA L. PETERS, NO. 04-167 CIVIL TERM
Defendant : IN DIVORCE
ORDER OF COURT
AND NOW, this tJ0 day of Oa-. ?? c. - , 2007, upon presentation
and consideration of the within Petition, the Rule previously entered upon the
Respondent, Robert C. Peters, Jr., is hereby made absolute. Bradley L. Griffie, Esquire
and the law firm of Griffie & Associates are permitted to withdraw as counsel in this
matter upon Praecipe.
Cc radley L. Griffie, Esqui
Petitioner
,.?obert C. Peters, Pro Se
Respondent
BY THE COURT,
ill 1; :][ U do
-J jr
ROBERT C. PETERS, JR. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION -LAW
DIANA L. PETERS, NO. 04-167 CIVIL TERM
Defendant IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
WITHDRAWAL OF APPEARANCE
Pursuant to the Court Order of October 18, 2007, please withdrawal my appearance which
should be entered on the above captioned matter on behalf of Plaintiff, Robert C. Peters, Jr.,
submitted,
Date: 1/6 7
V -1
nffie, Esquire
M r
orn far Plaintiff
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
II
I
?
f}JY.`1 .I
?W
ROBERT C. PETERS, JR.,
Plaintiff
vs.
DIANA L. PETERS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04 - 167 CIVIL
IN DIVORCE
ORDER OF COURT
AND NOW, this g day of I....s ,
2010, the economic claims raised in the proceedings having been
resolved in accordance with a separation and property
settlement agreement dated December 1, 2009, the appointment of
the Master is vacated and counsel can file a praecipe
transmitting the record to the Court requesting a final decree
in divorce.
BY THE COURT,
• / Kev' A. Hess, P.J.
cc. Robert C. Peters, Jr.
Plaintiff (Pro Se) _
Diana L. Peters ca
Defendant ( Pro Se ) t-}, ; ; ?,??
-o rn
c , J)
OD t
Dp L'E.S` rri.`d t ? ?.? :: ?f `r?
i ? 1?- r
cry-167
FiLLi"` :`f ..,~
,~ T~ ~ - -~ r;~y
! +Y
a;
SEPARATION AND PI~PEIZTY SETS ~ EMENT AGREEMENT
..
THIS AGREEMENT made this ~g~ day of i~ °~'~'1~,1(' j ~100~ _ by and
`~ 5 S~Pr~ n 6ac ~'s-~~c~.s
between DIANA L. PETERS, of ~.. ~ i~^~~Carlisle, .Cumberland County,
Pennsylvania, party of the first part, hereinafter referred to as "Wife,"
AND "~
ROBERT C. PETERS, JR., of ,
~~~/ Pennsylvania, party of the second part, hereinafter referred to as "Husband,"
WITNESSETH:
WHEREAS, Husband and Wife were married on July 3, 1980, in Ocean City, Maryland;
and
WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and
have been so for at least the past six months;
WHEREAS, certain differences have arisen between the parties hereto which have made
them desirous of living separate and apart from one another; and
WHEREAS, .Husband and Wife desire to settle and determine _ certain of their marital
rights and obligations, and make an equitable distribution of their marital property, determine
their rights to alimony and support and any other matters which may be considered under the
Divorce Code; and
WHEREAS, it is the intention and purpose of this Agreement to set forth the respective
rights and duties of the parties while they continue to live apart from each other and to settle all
financial and property rights between them; and
--Page 1 of 17--
WHEREAS, the parties hereto have mutually entered into an agreement for the division
of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the
resolution of their mutual differences, after both have had full and ample opportunity to consult
with attorneys of their respective choice, the parties now wish to have that agreement reduced to
writing.
NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be
kept promises set forth hereinafter and for other good and valuable consideration, 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:
ARTICLE I
SEPARATION
1.1
It shall be lawful for Husband and Wife at all times hereafter to live separate and apart
from each other and to reside from time to time at such place or places as they shall respectively
deem fit free from any control, restraint, or interference, direct or indirect, by each other.
Neither party shall molest the other or compel or endeavor to compel the other to cohabit or
dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be
taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes
leading to them living separate and apart.
ARTICLE II
DIVORCE
2.1
This Agreement is not predicated on divorce. It is specifically understood and agreed by
and between the parties hereto that each of the said parties does hereby warrant and represent to
--Page 2 of 17--
the other that the execution and delivery of this Agreement is not predicated upon nor made
subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-
defense of any action for divorce; provided, however, that nothing contained in this Agreement
shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting
any action or actions for divorce, either absolute or otherwise, upon just, legal and proper
grounds; not 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. 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 the Agreement. Husband and
Wife each knowingly and understandingly hereby waive any and ail 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 do each hereby warrant, covenant and
agree that, in any possible event, he and she are and shall forever be estopped from asserting any
illegality or unenforceability as to all or any part of this Agreement.
2.2
It is further specifically understood and agreed that the provision of this Agreement
relating to the equitable distribution of property of the parties are accepted by each party as a
final settlement for all purposes whatsoever. Should either of the parties obtain a decree,
judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the
parties to this Agreement hereby consents and agrees that this Agreement and all its covenants
shall not be affected in any way by any such separation and divorce.
--Page 3 of 17--
2.3
This Agreement shall survive any decree in divorce and shall be forever binding and
conclusive on the parties. Tt is understood by and between the parties that this Agreement shall
be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such
decree.
ARTICLE III
EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
3.1
The parties have attempted to divide their marital property in a manner which conforms
to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following
considerations: the length of the marriage; the prior marriages of the parties; the age, health,
station, amount and sources of income, vocational skills, employability; estate, liabilities, and
needs for each of the parties; the contribution of one party to the education, training or increased
earning power to the other party; the opportunity of each party for future acquisition of capital
assets and income; the sources of income of both parties, including but not limited to medical,
retirement, insurance or other benefits; the contribution or dissipation of each part in the
acquisition, preservation, depreciation, or appreciation of marital property, including the
contribution of a party as a homemaker; the value of the property set apart to each party; the
standard of living of the parties established during their marriage; the economic circumstances of
each party, including federal, state and local tax ramifications, at the time of the division of the
property is to become effective; and whether the parties will be serving as the custodian of any
dependent minor children.
--Page 4 of 17--
3.2
The division of existing marital property is not 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 marital property. The division of property under
this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties.
3.3
Personal Property. The parties acknowledge that they have divided their personal
property, tangible and intangible, to their.mutual satisfaction. The parties acknowledge that they
have in their possession the cash, accounts, furniture, appliances, guns, and other personal
property, tangible and intangible, in their possession that they wish to have and retain from this
time forward. Neither party shall make any claim whatsoever against the personal property in
the other party's possession or assets in that other party's possession from the time of execution
of this Agreement forward, except as hereinafter described.
3.4
Life Insurance. Each party agrees that the other party shall have sole ownership and
possession of any life insurance policies owned by the other. Each party shall have the right to
borrow against, cash in policies, change beneficiaries, an exercise any other incidents of
ownership of the respective policies free of any right or claim by the other party. Each party
agrees to sign any documents necessary to waive, relinquish or transfer any rights in such
policies to the respective party who presently owns such policies.
3.5
SubseAUently Acquired Property. Husband and Wife agree to waive and relinquish any
and all right that he or she may now have or hereafter acquire in any real or tangible personal
--Page 5 of 17--
property subsequently acquired by the other party. Husband and Wife specifically agree to
waive and relinquish any right in such property that may arise as a result of the marriage
relationship.
3.6
Real Estate. The parties were previously joint owners of real estate located at 733 Mt. Rock
Road, Carlisle, Cumberland County, Pennsylvania, which property was transferred in an arms
length transaction to a third party purchaser far value on February 16, 2004. The parties
distributed the net proceeds from the sale of the property and provided for the payment of debt as
evidenced on the HUD-1 Settlement Statement executed by the parties at that time. Neither
party will make any claim against the other relative to any additional proceeds or interest in any
funds received by them from settlement, or relative to any other claims for a legal or equitable
interest in the real estate, or funds divided to the parties from settlement.
3.7
Pension. Retirement. Profit-Sharing Husband hereby waives, relinquishes and
transfers any and all of his right, title and interest he has or may have in any retirement accounts
of any nature that have been established by Wife's including but not limited to 401(k) plans,
pension, profit-sharing, or similar accounts through her present or prior employment, or
individual retirement account (IRA) or other accounts which she may have established during
marriage or prior thereto.
It is acknowledged that Husband secured a pension through his employment with Sprint
during the parties' marriage. Husband shall have prepared and executed a Qualified Domestic
Relations Order (QDRO) transferring to Wife, as an alternate payee, fifty (50%) percent of his
entire Sprint Pension/Retirement account as it exists at present. It is acknowledged that Husband
--Page 6 of 17--
has not been employed with Sprint for. several years and, therefore, the all account funds,
including growth of those funds, are marital and subject to this fifty (50%) percent distribution.
The QDRO will be prepared by Husband's counsel and filed with the Court after securing both
parties' and counsels' signature. Husband's counsel shall then provide a copy of the QDRO to
the Sprint Retirement Pension Administrators for distribution purposes. Thereafter, it shall be
Wife and Wife's counsel's responsibly to finalize the implementation of the QDRO, but at all
times, Husband and his counsel shall cooperate with respect to the execution of any necessary
documents.
Except for the distribution of fifty (50%) percent of Husband's Sprint pension account to
Wife as described above, Wife hereby waives, relinquishes and transfers any and all of her right,
title and interest she has or may have in any retirement, 401(k), profit-sharing, or Individual
Retirement Account (IRA) that accounts of any nature that have been established prior to or
during her marriage to Husband.
3.8
Vehicles. The parties acknowledge that Wife has and shall retain sole and exclusive
ownership and possession. of a certain 1997 Mercury Tracer. Husband waives, relinquishes and
transfers any and all right, title and legal or equitable interest he has in the aforesaid vehicle and
shall execute any such documents to so waive, relinquish and transfer any interest he has, either
individually or through his marriage to Wife, within fifteen (15} days of being requested to do so
by Wife or her legal counsel. In the event there are any encumbrances of any nature whatsoever
on the aforesaid vehicles, those encumbrances shall be Wife's sole and exclusive responsibility
and she shall indemnify Husband and hold him harmless from and against any and all demands
for payment or collection activity of any nature whatsoever relative to the aforesaid vehicle.
--Page 7 of 17--
t
The parties acknowledge that Husband has and shall retain sole and exclusive ownership
and possession of a certain 1998 Mazda 626. Wife waives, relinquishes and transfers any and all
right, title and legal or equitable interest she has in the aforesaid vehicle and shall execute any
such documents to so waive, relinquish and transfer any interest her has, either individually or
through her marriage to Husband, within fifteen (15) days of being requested to do so by
Husband or his legal counsel. In the event there are any encumbrances of any nature whatsoever
on .the aforesaid vehicles, those encumbrances shall be Husband's sole and exclusive
responsibility and she shall indemnify Wife and hold her harmless from and against any and all
demands for payment or collection activity of any nature whatsoever relative to the aforesaid
vehicle.
3.9
IntanPible Personal Property. The parties have already transferred or waived rights and
interest in other intangible personal property, including their various bank accounts, credit union
accounts, and the like. Neither party shall make any claim of any nature whatsoever against the
other party relative to the financial accounts or other investments or intangible personal property
that has already been retained by that party.
ARTICLE IV
ALIMONY. ALIMONY PENDENTE LITE,,,
SPOUSAL SUPPORT AND MAINTENANCE
4.1
Except for the provisions otherwise set forth herein, each party has secured and
maintained substantial and adequate funds with which to provide themselves sufficient resources
to provide for their comfort, maintenance and support in the station of life to which they are
accustom. Husband and Wife do hereby waive, release and give up any rights they may
--Page 8 of 17--
respectfully have against the other for alimony, alimony pendente lite, spousal support, and
maintenance except as provided for herein.
4.2
Husband and Wife specifically waive, release and give up any rights for alimony,
alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations
Code.
ARTICLE V
DEBTS OF THE PARTIES
S.1
The parties herein acknowledge that they have a wide variety of personal debt. The
parties shall divide their personal debt by each party accepting the sole and exclusive
responsibility for payment of the following debts:
HUSBAND
CitiBank Visa; Account #: 5424 1805 2333 108 (appx. $2,749.80)
CitiBank Mastercard; Account #: 5416 5484 5095 717 (appx. $5,270.00)
Next Card; Account #: 4254 9700 1502 0703
Appraisal performed by Diversified Appraisals (Larry Foote)
Nextel (cell phone account)
Personal loan to Robert C. Peters,. Sr. and Gertrude Peters ($10,000.00}
WIFE
Discover; Account #: 6011 0029 9251 5114 (appx. $10,676.87)
Shell Mastercard; Account #: 5369 9332 2000 9266 (appx. $2,255.65)
--Page 9 of 17--
Bank of America NA; Account #: 4319 0300 0602 3290 (appx. $2,980.84)
Sears credit card; Account #: 54 84090 65491 5 (appx. $4,028.17)
Maryland National Bank; Account #: 5329 0191 9800 0427 (appx. $8,822.83)
Bonton; Account #: 0648 8807 27060 (appx. $551.84)
Carlisle Regional Medical Center; Account #: 80995116 (appx. $1,283.59)
Central Pennsylvania Medical Group (appx. $44$.00)
First Consumers National Bank; Account #: 5770 9155 2377 0823 ($578.80)
With respect to each such debt, encumbrance, lien or account identified above, the party
accepting responsibility for payment herein is accepting sole and exclusive responsibility for the
repayment of the aforesaid debts. Each party shall indemnify the other party and hold them
harmless from and against any all demands for payment or collection activity of any nature
whatsoever relative to the aforesaid debts and shall make payment on said debts so as to not
create any type of further adverse credit reference on each party's credit record.
Further, in the event either party initiates any type of bankruptcy proceedings that would
cause the affected creditors to make claim against the other party for debts otherwise assumed by
the bankrupt party herein, the adversely effected party shall be permitted to initiate an alimony
claim under any pending or subsequently filed divorce action, whether a divorce Order or Decree
has been entered or not, to make claim against the bankrupt party for alimony in an amount equal
to the minimum monthly payments that must be made on any debt extinguished by the bankrupt
party in the bankruptcy proceeding. The alimony shall be in the amount of the minimum
payments and shall continue for any such debt for the life of the debt. The adversely effected
party shall not be permitted under any circumstances to create any additional debt beyond that
--Page 10 of 17--
due at the time of the filing of the bankruptcy, with the exception of the accruing of additional
interest upon any such accounts, which may result by the terms of the credit secured with the
respective creditors.
S.Z
Each party represents to the other that except as is otherwise set forth in this Agreement,
and more particularly as set forth in subparagraph 5.1 above, there are no major outstanding
obligations of the parties; that since the separation neither party has contracted or any debts for
which the other will be responsible and each party indemnifies and holds harmless the other for
all obligations separately incurred or assumed under this Agreement.
ARTICLE VI
MISCELLANEOUS PROVISIONS
6.1
Advice of Counsel. The provisions of this Agreement and their legal effect have been
fully explained to the parties by their respective counsel, being Bradley L. Griffie, Esquire, for
Husband and Frances H. Del Duca, Esquire, for Wife. The parties acknowledge that they have
received independent legal advice from counsel of their own selection, that they fully understand
the facts and have been fully informed as to their legal rights and obligation or otherwise
understand those legal rights and obligations. They acknowledge and accept that this Agreement
is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily,
after having received such advice and with such knowledge that execution of this Agreement is
not the result of any duress or undue influence and that it is not the result of any collusion or
improper or illegal agreement or agreements.
--Page 11 of 17--
6.2
Counsel Fees. Each party agrees to be responsible for his or her own Iegal fees and
expenses, and each party hereby agrees to waive any claim for alimony, alimony pendente lite,
counsel fees, expenses or costs.
6.3
Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim,
and forever discharge the other and the estate of such other, for all times to come and for all
purposes whatsoever, of and from any and all right, title and interest, or claims in or against the
property (including income and gain from property hereafter accruing) of the other or against the
estate of such other, of whatever nature and wheresoever situate, which he or she now has or at
any time hereafter may have against such other, the estate of such other, or any part thereof,
whether arising out of any former acts, contracts, engagements, or liabilities of such other as by
way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's
rights, family exemption, or similar allowance, or under the intestate Laws, or the right to take
against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary,
or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether
arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the
United States, or (c) any other country, or any rights which either party may have or at any time
hereafter have for past, present, or future support or maintenance, alimony, alimony pendente
lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or
otherwise, except and only except, all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the breach of any thereof. It is the
intention of Husband and Wife to give to each other by execution of this Agreement a full,
--Page 12 of 17--
complete, and general release with respect to any and all property of any kind or nature, real or
personal, not mixed, which the other now owns or may hereafter acquire, except and only except,
all rights and agreements and obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any thereof.
6.4
Warranties. Each party represents that they have not heretofore incurred or contracted
for any debt or liability or obligation for which the estate of the other party may be responsible
or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or
hold the other party harmless from and against any and, all such debts, liabilities or obligations of
every kind, including those for necessities, except for the obligations arising out of this
Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now
and at all times hereafter, save harmless and keep the other indemnified from all debts, charges,
and liabilities incurred by the other after the execution date of this Agreement, except as is
otherwise specifically provided for by the terms of this Agreement and that neither of them
hereafter incur any liability whatsoever for which the estate of the other may be liable.
6.5
No waiver or modification of any of the terms of this Agreement shall be valid unless in
writing and signed by both parties and no waiver of any breach hereof or default hereunder shall
be deemed a waiver of any subsequent default of the same or similar nature.
6.6
Husband and Wife covenant and agree that they will forthwith execute any and all
written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as
may be necessary or desirable for the proper implementation of this Agreement, and as their
--Page 13 of 17--
respective counsel shall mutually agree should be so executed in order to carry fully and
effectively the terms of this Agreement.
6.7
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania which are in effect as of the date of the execution of this Agreement.
6.8
This Agreement shall be binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and assigns.
6.9
This Agreement constitutes the entire understanding of the parties and supersedes any
and all prior agreements and negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
6.10
Severability. If any term, condition, clause, section, or provision of this Agreement shall
be determined or declared to be void or invalid in 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..Likewise, the
failure of any party to meet his or her obligation under any one or more of the articles and
sections herein shall in no way void or alter the remaining obligations of the parties.
6.11
It is specifically understood and agreed that this Agreement constitutes the equitable
distribution of property, both real and personal, which was legally and beneficially acquired by
--Page 14 of I'1--
Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code
of the Commonwealth of Pennsylvania.
6.12
Disclosupe. The parties each warrant and represent to the other that he or she has made a
full and complete disclosure to the other of all assets of any nature whatsoever in which party
has an interest, of the sources, and amount of the income of such party of every type whatsoever,
and all other facts relating to the subject matter of this Agreement.
b.13
Enforceability and Consideration. This Agreement shall survive any action far divorce
and decree of divorce and shall forever be bidding and conclusive on the parties; and any
independent action may be brought, either at law or in equity, to enforce the terms of the
Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The
consideration for this contract and agreement is the mutual benefits to be obtained by both of the
parties hereto and the covenants and .agreements of each of the parties to the other. The
adequacy of the consideration for all agreements herein contained is stipulated, confessed, and
admitted by the parties, and the parties intend to be legally bound hereby. In the event either
party breaches the aforesaid Agreement and it is determined through appropriate legal action that
the alleged party has so breached the Agreement, the breaching party shall be responsible for any
and all attorney's fees as well as costs and expenses associated with litigation incurred by the
non-breaching party to enforce this Agreement against the breaching party. In the event of
breach, the non-breaching party shall have the right, at his or her election, to sue for damages for
such breach or to seek such other and additional remedies as may be available to hirn or her
including equitable enforcement of this Agreement.
--Page 15 of 17--
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
WITNESSED BY:
.1~-~ 6~
_ Date R BERT C. PETERS, 7R.
t a I -vim ~~
Date A L. PETERS
--Page 16 of 17--
~ 't~p..s
Qualified Domestic Relations Order 04-167 CIVIL
WHEREAS, Robert C. Peters, Jr (the "Participant"), and Diana L. Peters (the
"Alternate Payee") entered into a Property Settlement Agreement dated
(the Agreement), in which they agreed to the division of marital
property; and
WHEREAS, the Agreement requires the entry of this domestic relations order (the
"Order") to provide for the division and disposition of pension benefits accrued by the
Participant; and
WHEREAS, this order is intended to be a qualified domestic relations order, as
defined in Section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code"
and Section 206 (d) (3) of the Employee Retirement Income Security Act of 1974, as
amended ("ERISA")
NOW THEREFORE, It is hereby ordered as follows:
1. The Plan. This order applies to benefits under the Sprint Retirement
Pension Plan (the "Plan"). The Plan is an employee pension plan
qualified under Section 401(a) of the Code and subject to ERISA.
2. Identity of Participant. The Participant is Robert C. Peters, Jr., 1510
Centerville Road, Newville, PA 17241, 182-44-4689. The Participant's
date of birth is August 26, 1953.
3. Identity of Alternate Payee. The Alternate Payee is Diana L. Peters, 45
Spring Garden Estates Cazlisle, PA 17013, 185-50-8629. The Alternate
Payee's date of birth is January 11, 1958.
4. Amount to be Paid Alternate Paxee. At such time as specified in
Paragraph 5 of this Order, the Plan shall pay to the Alternate Payee
$417.25 (or if the Participant's monthly benefit is less than such
amount, the Alternate Payee shall be paid such monthly benefit) out of
each monthly payment otherwise to be paid to the Participant.
5. Time of Payment. The Plan shall make payments of the amount in
Paragraph 4 to the Alternate Payee if, as, and when payments are made
to the Participant. If the Participant has commenced a benefit as of the
date of this Order, then payments to the Alternative will commence no
eazlier then administratively possible after Plan acceptance of this
Order.
6. Manner of Payment. The Participant shall have the exclusive right to
determine the form in which benefits will be distributed under the Plan.
Payments will be made to the Alternate Payee during such time as
payments are made to the Participant.
7. Death of Alternate Pa„yee. If the Alternate Payee dies after distribution
of benefits has commenced under this Order, the Participant's monthly
benefit will be increased by the amount in Paragraph 4 that was being
paid to the Alternate Payee prior to the Alternate Payee's death.
If the Alternate Payee dies before distribution of benefits has
commenced under this Order, the Alternate Payee's interest under
this Order will be forfeited.
8. Death of Participant. Payments shall be made to the Alternate Payee
over the life of the Participant, and upon Participant's death, no further
payments shall be made to the Alternate Payee under this Order.
However, the Alternate Payee may be entitled to receive a benefit under
the Plan as a contingent annuitant of Participant's benefit.
9. Administration of the Order. A true copy of this Order shall be served
on the Plan Administrator. The Plan Administrator shall determine,
within a reasonable period of time after delivery of this Order, whether
the Order is a qualified domestic relations order within the meaning of
Section 414(p) of the Code and Section 206 (d) of ERISA (QDRO).
The Participant, the Alternate Payee, and the court intend this Order to
be a QDRO. The parties agree that their mutual intent is to provide the
Alternate Payee's marital share of the benefits as described under
Paragraph 4. If this Order is determined not to be a QDRO, the Plan
Administrator shall inform the parties of the reasons for that
determination. The Court retains jurisdiction to amend the Order for
purposes of establishing its status as a QDRO and the parties hereby
agree to submit to and request the Court to modify the Order to make it
a QDRO in such a manner that will reflect the parties' intent.
10. Rights of the Parties. The assignment under this Order shall be
permanent. From the date of this Order (assuming it is determined to be
a QDRO) and thereafter, the Participant shall have no further right or
interest in the portion of the Participant's accrued benefit under the Plan
which is not assigned pursuant to Paragraph 4 above. Nothing in this
Order shall restrict the Participant's ability to obtain a distribution under
the Plan or designate a beneficiary under the Plan, with respect to the
Participant's remaining accrued benefit determined after the assignment
to the Alternate Payee.
11. Information Furnished to the Alternate Pa,,~ee_ The Plan Administrator
shall treat the Alternate Payee as a distribute of the Plan for purposes of
all notices and election opportunities provided by the Plan to its
participants. The Plan Administrator shall provide the Alternate Payee
with annual reports and such other information as is furnished to
participants in the Plan. The Alternate Payee should advise the Plan
Administrator in writing of any change of name or address or other
material fact which may affect the alternate payee's entitlement to
benefits under this Order.
12. Miscellaneous provisions. This Order does not require the Plan to
provide any type or form of benefit, or any benefit option, not otherwise
provided under the Plan. This Order does not require the Plan to
provide increased benefits (determined on the basis of actuarial value).
This Order does bnot require the Plan to provide benefits to the
Alternate Payee which are required to be paid to another alternate payee
under another order previously determined to be a QDRO.
ORDERED Cumberland County, PA, this a day of
JUDGE
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Robert C. Peters, Jr.
Plaintiff
IN THE COURT OF COMMbW PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
Diana L. Peters
Defendant
• 04-167 CIVIL
NO.
DIVORCE DECREE
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AND NOW,
.~_, it is ordered and decreed that
Robert C. Peters, Jr.
P~""~ plaintiff, and
Diana L Peters
Defendant
bonds of matrimony.
defendant, are divorced from the
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
None
y the Court,
Attest: J.
P thonotary