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HomeMy WebLinkAbout08-5309D BRITTANY ETTER, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. ©?-' S 3 0 q Civil Term NICHOLAS ETTER, : ACTION IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 St. Carlisle, Pa. 17013 (717) 249-3166 BRITTANY ETTER, vs. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS ETTER, Defendant No. OF' S-.30'7 Civil Term ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Brittany Etter, a competent adult individual, who resides at 508 N. Walnut Street, Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 2. Defendant is Nicholas Etter, a competent adult individual, who resides at 259 Mount Zion Road, Carlisle, Cumberland County, Pennsylvania, 17015. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the ding of this Complaint. 4. The Plaintiff and the Defendant were married on December 15, 2000 in Newville, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have two children together, namely, Alexis L. Etter, born May 23, 1999; and Sarah A. Etter, born July 20, 2002. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of America or any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. COUNT 11- CUSTODY 11. Sections 1. - 10. are herein incorporated by reference. 12. The parties are the natural parents of two children, namely, Alexis L. Etter, born May 23, 1999, and Sarah A. Etter, born July 20, 2002. 13. The parties have been unable to enter a custody stipulation. 14. A custody complaint is being filed contemporaneously with this complaint. WHEREFORE, Plaintiff prays this Honorable Court, to enter a custody Order regarding the children. Respectfully submitted, Date: 5/I y(o g Jan Adams, Esquire 1. 0.79465 . South St. r1isle, Pa. 17013 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: S-1,510K B C"_a o\ T? ? v 3 BRITTANY ETTER, Plaintiff vs. NICHOLAS ETTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ?- S 30q Civil Term ACTION IN DIVORCE/CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Brittany Etter, who currently resides at 508 N. Walnut St., Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 2. Defendant is Nicholas Etter, who currently resides at 259 Mt. Zion Road, Carlisle, Cumberland County, Pennsylvania, 17015. 3. Plaintiff is the Mother of the following children and seeks a custody order regarding the following children: NAME DOB/AGE ADDRESS Alexis L. Etter 5/23/99 (9) 508 N. Walnut St. Mount Holly Springs, Pa. 17065 Sarah A. Etter 7/20/02 (5) 508 N. Walnut St. Mount Holly Springs, Pa. 17065 Mother and Father were married December 15, 2000. A divorce complaint has been filed under the above-captioned docket number. Mother currently has primary physical custody of the children. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Brittany Etter 508 N. Walnut St. July `08 - present Mount Holly Springs, Pa. Brittany Etter 27 W. Main St. January'08 - July '08 Plainfield, Pa. 17081 Brittany Etter 259 Mt. Zion Road 2003 - January'08 Nicholas Etter Carlisle, Pa. 17015 The mother of the children is Brittany Etter. She currently resides at 508 N. Walnut St., Mount Holly Springs, Pa. She is married to Nicholas Etter. The father of the children is Nicholas Etter. He currently resides at 259 Mt. Zion Road, Carlisle, Pa. 17013. He is married to Brittany Etter. 4. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with the children. 5. The relationship of defendant to the child is that of Father. The defendant currently lives alone. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties separated in January 2008 Mother is seeking custody order which provides for shared legal custody, confirms that she has primary physical custody, and confirms the parties arrangements regarding Father's periods of partial custody. This request is the in the best interest of the children because it would provide stability for the children and ensure regular contact with both parents 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the children. Respectfully submitted, Date: q?4?og J e Adams, Esquire No. 79465 W. South St. r rlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: e/-51a Britta y Etter, Plaintif C -r 1,17 f_ BRITTANY ETTER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-5309 CIVIL ACTION LAW NICHOLAS ETTER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, September 09, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 09, 2008 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 Telephone (717) 249-3166 .,54 -.- V?? 044? ?l i J .E Wd 0 ! 83S OQOZ KdVi\C ri o ? AO : BRITTANY ETTER, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. l?.O?g - Cj 369 Civil Term NICHOLAS ETTER, ACTION IN DIVORCE Defendant AFFIDAVIT OF SERVICE AND NOW, this September 22, 2008, I, Jane Adams, Esquire, hereby certify that on September 18, 2008, a certified true copy of the NOTICE TO DEFEND AND COMPLAINT were served upon the following person, via certified mail, return receipt requested at the following address: Nicholas Etter 259 Mt. Zion Road Carlisle, Pa. 17013 DEFENDANT ¦ Cor~yalM t Items 1, 2. and 3. Alec complete Item 4 R Restricted Delivery Is deslrod. ¦ Prlhtyour nerne and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the malipiece, or on the front H space permits. 1. Article Addressed to: ??ehulccs k??er CPS'9 Al. zion U .A I A 0013 Cyr l I b I-e, V 2. Art (Th PS R a - X D Agent ? Addroeese 'fS WrIZINW*ye /-/K F D. Is ddvery address dur«ent >n1r1, loan, ,? ? Yee If YES, enter d*my address below: ? No 3. lyps JSC40M Moll C3 Wiffill ? Regtete a 0 Retum Recelpt for Meese ? inet ned Meal 0 C.O.D. A o.r..? --- Yee 1028154 @4A-1540 i Respectfully Submitted: J e Adams, Esquire No. 79465 West South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF C`J "3 '? ? ? .j.,{ ? ?? ? ? ..,,; ins;- ? ?? ,?-- . ,- } ? cc.?a .-a to BRITTANY ETTER, vs. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 0 g-5?o9 Civil Term NICHOLAS ETTER, Defendant ACTION IN CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this day,, * ?p of OC?04en, , 2008, by and between Brittany Etter, (Hereinafter referred to as "Mother"), of Plainfield, Cumberland County, Pennsylvania, and Nicholas Etter, (Hereinafter referred to as "Father"), of Carlisle, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of two children, namely, Alexis L. Etter, born May 23, 1999; and Sarah A. Etter, born July 20, 2002; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their children, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the children. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their children. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of each child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to each child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Primary Physical Custody of the children, as that term is defined in the custody act, shall be with Mother. 3. Partial Custody. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Father shall have liberal periods of partial custody with the children as mutually agreed by the parties, in addition to the following periods: a. Father shall have a period of partial custody with the children every other weekend from Friday at 4:30 p.m. through Sunday at 6:00 p.m. b. Father shall have additional time with the children on two evenings every week from 5:00 p.m. through 8:00 p.m. c. Unless mutually agreed otherwise, the parties shall alternate holidays according to the schedule, which is attached as Exhibit A. d. Each party shall be entitled to two non-consecutive weeks with the child, during the summer, when there is no school, to consist of six overnights, provided that thirty (30) days notice is given to the other parent. 4. Right of first Refusal. Right of first refusal: In the event that the custodial parent should require a care-taker/babysitter (excluding regular day care and significant others) for the Child a period of time in excess of six hours, the custodial party shall first offer said opportunity to the non-custodial parent. It is understood that the custodial parent shall not bring the Child to their place of employment while that parent is working. 5. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. 6. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that each child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in each child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of each child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for a child. 7. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 8. Welfare of the Child to be Considered. The welfare and convenience of each child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of a child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 9. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new . terms of the custody arrangement or visitation schedule shall be. 10. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 11. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 12. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: X/4 (;W? --- /_ &_ Witness atfter, Mother Date: f? - Witness 'e" icholas Etter ather Date: /? r6.-O's • Etter v. Etter - Custody Schedule - Exhibit A HOLIDAYS AND TIMES EVEN YEARS ODD YEARS SPECIAL DAYS Easter Day From 6pm the evening Mother Father before the holiday to 6pm the day of the holiday Memorial Day From 6pm the evening Father Mother before the holiday to 6pm the day of the holiday Independence Day From 6pm the evening Mother Father before the holiday to 6pm the day of the holiday Labor Day From 6pm the evening Father Mother before the holiday to 6pm the day of the holiday Thanksgiving 1 It Half From 6pm the evening Mother Father before the holiday to 3 m Thanks ivin Da Thanksgiving 2"1 Half From 3pm Father Mother Thanksgiving Day to 6pm the day after Thanksgiving. Christmas Eve From 9am on Christmas Father Mother Eve through 9pm on Chrismas Eve Christmas Day - 15' half From 9pm on Christmas Mother Father Eve through 3pm on Christmas Da Christmas Day - 2"d half From 3pm on Christmas Father Mother Day through 9pm December 261h Mother's Day From 6pm the evening Mother Mother before the holiday to 6pm the day of the holiday Father's Day From 6pm the evening Father Father before the holiday to 6pm the day of the holida C-D CO - si OCT 0 6 Z008 BRITTANY ETTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NICHOLAS ETTER, NO. 2008-5309 Defendant IN CUSTODY COURT ORDER Ci lt? AND NOW, this ZS day of October, 2008, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. 6;w tu k Hubert X. Gilroy Custody Conciliyd t`' ?• rw,a F? ?? (? i t? ., ?? ?'? v ? ?? ..: ?? ,' ?::.: ? _..xe ? .r. jj Jam! ?"t ?:? nr% wuT 9 9 2008 BRITTANY ETTER, vs. Plaintiff NICHOLAS ETTER, Defendant AND NOW, this 15 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 5309 Civil Term ACTION IN DIVORCE ORDER day of OC4,2008, having reviewed the attached agreement between the parties dated October 6, 2008, it is hereby ORDERED and DECREED as follows: 1. Brittany Etter and Nicholas Etter shall have shared legal custody of their children, Alexis L. Etter, born May 23, 1999, and Sarah A. Etter, born July 20, 2002. Legal custody is the legal right to make all major non- emergency decisions and obtain any information affecting a minor child's well being, including, but not limited to, all decisions regarding his or her health, education, and religion. 2. Brittany Etter shall have primary custody of the children and Nicholas Etter shall have liberal periods of partial custody of the children as provided by the agreement, dated October 6, 2008. 3. The parties' agreement, dated October 6, 2008, shall be incorporated into this Order of Court cc: ne Adams, Esquire, for mother Nicholas Etter, father Co t E S m?. ? lam, P X3`08 10 F tin - N BRITTANY ETTER, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08 - 5309 Civil Term NICHOLAS ETTER, : ACTION IN DIVORCE Defendant MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this Is day of `' 2008, by and between, BRITTANY ETTER, of Mount Holly Springs, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE", and NICHOLAS ETTER, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Husband"; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on December 15, 2000, in Newville, Pennsylvania, and, WHEREAS, there were two children born of this marriage; WHEREAS, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart, and the parties desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Husband and Wife, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged, and each intending to be legally bound, Husband and Wife hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating to this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceedings involving this agreement, with the exception of disclosure that may have been fraudulently withheld. In the event that either party, at any time hereafter, discovers such a fraudulently undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of such asset. The non-disclosing party shall be responsible for payment of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of such asset. 2. ADVICE OF COUNSEL. The Husband is pro se and does not have an attorney. The Wife has employed and had the benefit of having JANE ADAMS, ESQUIRE, as her attorney. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. Husband and Wife acknowledge that this agreement is not a result of collusion, improper or illegal agreements. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that WIFE has filed a Complaint in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. The parties express their agreement that the marriage is irretrievably broken and express their intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. The provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend, or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed that a copy of this Agreement or the substance of the provisions thereof, shall be incorporated by reference into any divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. DATE OF EXECUTION. The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is executed by the parties if they bg,BW` 'NE have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this agreement, each party may dispose his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. 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. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from the other and against all future obligations of every kind incurred by them. The parties agree as follows regarding the debts: (a) Wife agrees that the following debts are her own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts in her name alone or incurred by her after separation. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts in his name alone or incurred by him after separation. (c) The parties will take any steps necessary to close any joint credit card accounts. KBF f-/NE 8. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in the Divorce Code at 23 Pa.C.S.A. s3501 et. seq. 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 effected 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 the marital rights of the parties. 9. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. Should Husband or Wife pursue an action in bankruptcy and be successful in extinguishing his or her obligation to pay any debts for which he or she had taken sole obligation as set forth herein, he or she shall immediately be obligated to pay alimony to the other party in an amount equal to the monthly obligation on such debts that he or she otherwise had assumed and for which he or she had taken sole obligation and responsibility, plus an additional fifteen percent (15%) in consideration of the tax consequences associated with receipt of alimony. 10. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the tangible personal property in Husband's possession shall be the sole and separate property of Husband; and Husband agrees that all of the tangible personal property in Wife's possession shall be the sole and separate property of Wife. Both parties agree that intangible personal property, including retirement benefits, shall remain the individual property of the registered or titled owner, unless otherwise provided in this agreement. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 11. VEHICLES. With respect to these items, owned by one or both of the parties, they agree as follows: (a) The 1999 Chevrolet Silverado shall be and remain the sole and exclusive property of Husband. (b) The 2004 GMC Envoy shall be and remain the sole and exclusive property of Wife. WBF0/NE The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within thirty days of the execution date of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. 12. REAL ESTATE. The parties hold joint title as tenants by the entireties to a property known as 259 Mount Zion Road, Carlisle, Pa. 17015, which was purchased during the parties' marriage. Regarding this property, the parties agree as follows: (a) Within thirty (30) days of this agreement, Husband shall apply to have the mortgage on the marital home placed in his name alone, thereby removing Wife from any obligation on the loan associated with the marital home. Husband will be responsible for any costs associated with this release or refinancing. Upon Husband's approval for refinancing, Wife shall sign a Deed, which may be held in escrow until final settlement, and receipt of payment, thereby waiving all her right title and interest in the marital home. At settlement, Husband shall pay Wife the sum of Thirty-two Thousand ($32,000.00) in consideration of her waiving all right, title and interest to the marital home. (b) If Husband does not complete refinancing within ninety (90) days of this agreement, Husband and Wife shall immediately list the home for sale with a reputable Real Estate agent and the home shall remain listed until sold. Upon final sale and final settlement, Wife shall receive the amount of $32,000.00 from Husband. Husband shall receive any remaining proceeds. (c) As of the date of separation, and without regard to when bills for such items are incurred, received or due, HUSBAND shall be solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining the residence (except as provided herein), including but not limited to, all real estate taxes, water and sewer rents, gas, electric, and telephone service, homeowner's insurance, and gardening expenses and repairs, and HUSBAND shall keep WIFE and her successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, which are incurred in connection with such maintenance, costs, and expense. F X/AE 13. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties IRA's, 401(k)'s, stock savings plans, pensions, and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 14. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, counsel fees and costs, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. 15. TAXES. The parties have previously filed joint State and Federal Tax returns. The parties intend on filing separately from 2008 forward. The parties will cooperate with an accountant or tax professional in filing past due taxes in the most beneficial manner possible under the law. Transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are non-taxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are a division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 16. RECONCILIATION; WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof 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. Notwithstanding reconciliation between the parties, this agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 17. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. l???NE 18. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 19. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 20. OTHER DOCUMENTATION. Wife and Husband 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 effectuation of this Agreement. 21. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 22. SEVERABILITY. If any term, condition, clause, 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 provisions 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 obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 23. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this agreement. 24. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. " - ?NE IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WIT S: itness COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) C rittany E ter, Wife Date: I ( .15 - 4 0 On this, the day of , 2008, before me, the undersigned officer, personally appeared BRITTANY ETTER, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public Witness My commission expires: SEAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ):ss Nicholas Etter, usband Date: - ©cS On this, the day of , 2008, before me, the undersigned officer, personally appeared NICHOLAS ETTER, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires: B AE - < - -rr .:.; ?? ;'r- -,-, ,?: a ?, .._.; ,? --- -?a ? <_ .? ?? .{ L ,;,.? :. '?3 BRITTANY ETTER, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08 - 5309 Civil Term NICHOLAS ETTER, ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 2008. 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on September 5, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 1 verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: Brittany Et r, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER rz3301(c) AND $3301(d) OF THE DIVORCE CODE 1. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: (6 BPlaintiff i'*e.? ".°.? ' ?? _1 _ 1? ... : ^? .. __r p, 1 _. C:. '^C. BRITTANY ETTER, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 08 - 5309 Civil Term NICHOLAS ETTER, : ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on September 5, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. C /f CJ-C? Date: l vo Nicholas Etter efendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301(d) OF THE DIVORCE CODE 1. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: d? Nicholas Etter, D endant NI) °r, BRITTANY ETTER, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08 - 5309 Civil Term NICHOLAS ETTER, ACTION IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please accept this request to transmit the record, together with the following information to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301 (c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Served certified mail, restricted delivery, received by Defendant on September 18, 2008. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: December 19. 2008. By Defendant: December 21, 2008. 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 23. 2008. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 23. 2008. Date: i-?Ia6l6B S ane Haams-tsquire D. No. 79465 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff C5 ra G ? c Ca:3 .. I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRITTANY ETTER V. NICHOLAS ETTER DIVORCE DECREE AND NOW it is ordered and decreed that BRITTANY ETTER , plaintiff, and NICHOLAS ETTER , defendant, are divorced from the bonds of matrimony. 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; The marriage settlement agreement which was filed on November 17, 2008, and signed by the parties on November 13, 2008 shall be incorporated and not merged into this Decree. laT z By the Attest: J. honotary : NO. 08- 5309 CIVIL TERM -)07 ,? o . -(f' -I 'ho .6> -r