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HomeMy WebLinkAbout08-5488IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Roberta Anne Detweiler, Plaintiff : No. D8 - 6488 Civil -Fi-5 rrn vs. Dale Scott Detweiler Defendant : Civil Action - Law : In Divorce NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be 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 the custody or visitation rights of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Franklin County Courthouse, Chambersburg, Pennsylvania. If YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOUR CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Roberta Anne Detweiler, Plaintiff VS. Dale Scott Detweiler Defendant No. OR- 5 yW C)-J1 l f c?? Civil Action - Law In Divorce COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Roberta Anne Detweiler who currently resides at 139 Airport Road, Shippensburg, Southampton Township, Cumberland County, Pennsylvania, 17257, since September 1, 2007. 2. Defendant is Dale Scott Detweiler who currently resides at 139 Airport Road, Shippensburg, Southampton Township, Cumberland County, Pennsylvania, 17257, since September 1, 2007. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were married on February 14, 1994, at Monroe County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the Court to enter a decree of divorce. Respectfully submitted. A aL.4QQ:n-? H. Anthony Adams, quire Attorney for Plaintiff 49 West Orange Street Suite 3 Shippensburg, PA 17257 (717)-532-3270 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. Section 4904 relating to unsworn falsifcPtion to authorities. Date:-?-- -D Anne Detweiler 70 p -64- LA * 91 C -? a r7l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Roberta Anne Detweiler, Plaintiff : Civil Action - Law VS. : In Divorce Dale Scott Detweiler Defendant :No. 08-5488 AFFIDAVIT OF SERVICE H. Anthony Adams, Esquire being duly sworn according to law deposes and states that a complaint in divorce was mailed to Dale Scott Detweiler, of 139 Airport Road, Shippensburg, Pennsylvania, 17257 by certified mail on September 26, 2008 and was accepted on delivery by Dale Scott Detweiler, on September 27,2W8. H. Anthony dams, Esquire Attorney for Plaintiff 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 0 v Ln CP m r„ C3 C3 L7 Ln t' W W a Ln ao Ln t rd to an subscribed t?a of 2008. On N f\QA Notary Public My Commission Expires: 114--09 V 1.7H OF PENNSW ll" SEMGM RL Public. jkRREN, Cumberland CM YMrI)•r daft Expiro: Nov. 8. cD COURT OF COMMON PLEAS of CUMBERLAND COUNTY DOCKET NO: 2008 5488/ Divorce Roberta Anne Detweiler V Dale Scott Detweiler APPEARANCE Now comes Richard R. Gan, Esq. and enters his appearance on behalf of Dale Scott Detweiler, the named Defendant in this matter. // I V-1 Richard R. Gan Dat : Gan Law Group 64 South Pitt Street Carlisle, Pa 17013 ID 68721 717-241-4300 C c.n -< ROBERTA ANNE DETWEILER Plaintiff V. DALE SCOTT DETWEILER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 08 5488 CIVIL ACTION - LAW IN DIVORCE ANSWER TO COMPLAINT FOR DIVORCE 1. In response to paragraph one, Defendant admits the same. 2. In response to paragraph two, Defendant admits the same. 3. In response to paragraph three, Defendant admits the same. 4. In response to paragraph four, Defendant admits the same. 5. In response to paragraph five, Defendant admits the same. 6. In response to paragraph six, Defendant admits the same. 7. In response to paragraph seven, Defendant neither admits nor Denies the same as he is without sufficient information to form a belief as to What Plaintiff has been advised of? 8. In response to paragraph eight, Defendant concurs and joins with Plaintiff in regard to her request that this court enter a decree of divorce Document #: 172175.1 Richard R. Gan, Esq / for the Defendant Dated 64 South Pitt Street Carlisle, Pa 17013 717 241-4300 717-243-5175 ID 68721 Ganlawl@embarqmail.com Document #: 172175.1 VERIFICATION I, DALE SCOTT DETWEILER, hereby certify that the facts set forth in the foregoing Answer to Complaint are true and correct to the best of my knowledge, information and belief; I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DALE SCOTT DETWEILER Date: 4Z4-:I-d Document A. 163765.1 rv ez?s n 33 't? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Roberta Anne Detweiler :No. 08-5488 Civil Term Plaintiff Civil Action - Law VS. Dale Scott Detweiler Defendant In Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 16, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint and service on Defendant. 3. I consent to the entry of the final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are a subject to the penaltie f 18 Pa. C.S. Section 4904 relating to unsworn fa cation to authorities. A 1\ Date: Anne CAF THE !°r 2009 APR 15 Pri 3' 02 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Roberta Anne Detweiler : No. 08-5488 Civil Term Plaintiff Civil Action - Law vs. Dale Scott Detweiler Defendant : In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are m de subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn faI79tion to authorities. A Date: / Anne Detweiler 2009 APR IS P 3- 2 u ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Roberta Anne Detweiler : No. 08-5488 Civil Term Plaintiff Civil Action - Law VS. Dale Scott Detweiler Defendant In Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 16, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint and service on Defendant. 3. I consent to the entry of the final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 0 Q-Z M - 2? Dale Scott Detweiler FILED "fir ?I 2009 APR 28 N S: 0 5 "ffy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Roberta Anne Detweiler Plaintiff vs. Dale Scott Detweiler Defendant : No. 08-5488 Civil Term : Civil Action - Law : In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. G,.. Date: q/.?O/Ocl /1, Lti& X16h' Dale Scott Detweiler OF THE "OTARV 2009 APR 28 H 9: 05 4 ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-IN DIVORCE ROBERTA ANNE DETWEILER, Plaintiff VS. DALE SCOTT DETWEILER, Defendant No. 08-5488 CIVIL TERM DIVORCE MARITAL PROPERTY SETTLEMENT AGREEMENT 1. This agreement is made and concluded this ALday of 2009 By and between ROBERTA ANNE DETWEILER, hereafter referred to as "Plaintiff' and DALE SCOTT DETWEILER, hereafter referred to as "Defendant". 2. WITNESSETH: 3. WHEREAS, the parties are HUSBAND AND WIFE; 4. WHEREAS, unfortunate and irreconcilable difference have arisen between the parties by reason of which continued cohabitation as HUSBAND and WIFE has been rendered impossible; and 5. WHEREAS, the parties have agreed on a settlement of all property rights and differences existing between them. 6. WHEREAS, the parties intend this agreement to be a full, complete, and valid Postnuptial Agreement, providing for the absolute and final settlement of all they're respective property rights and all claims for spousal support, alimony pendente lite and alimony. 7. NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed as an essential part hereof, and intending to be legally bound hereby, and for other good and sufficient consideration, the receipt whereof is hereby acknowledged, the parties being advised and represented by counsel, mutually agree as follows: 8. NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DOMESTIC RELATIONS CODE OF PENNSYLVANIA. Plaintiff and Defendant agree that Plaintiff shall secure a no fault divorce based upon the irretrievable breakdown of their marriage. PLAINTIFF AND DEFENDANT further agree to execute their respective affidavits of consent under section 3301 9c) of the Domestic relations Code of Pennsylvania, Waivers of Notice of Intention to Request Entry of Divorce Decree, and to execute any documents necessary under existing rules of Pennsylvania Civil Procedure and local rules of the Court of Common Pleas of Cumberland County, in order to allow Plaintiff to file all such documents in the Court of Common Pleas of Cumberland County, PA. Neither Plaintiff nor Defendant shall either directly or indirectly permit the withdrawal of their i[espectivs affidavits :of consenter of: any and alliottLgr ocgrn eetg executed by Plaintiff and D!pJ.endarah oegger W thele?ution ofi# ,ie doppp???t? ? The ffidgvtts_of ggpsent:andFallla?vers of,-Noto00l;bxeG4ted-withzl (I days of receipt. 9. DATE OF EXECUTION. The date of execution or execution date of this Agreement shall be defined as the date, upon which the parties execute it, if they have each executed the Agreement on the same date. Otherwise, the date of execution or execution date of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 10r REAL E$TATI:Y The, a?ies are o er of a hone: and ,property to #ed at 139, Airport Road, h?pp n urge; outt?a?npt 6 Towr1r# Pennsylaiavia. Thg parties agree that Defendant shall be avararded this prop erty uu±tFr alb encumbrances thereon. The Plaintiff shall receive the sum of Thirty three thousand two hundred and five dollars and fifty cents $33,205.50 as property settlement representing her equity in the marital residence. It is further agreed between the parties that Defendant shall refinance the marital residence in his own name within 60 days after endorsement of this agreement. 11. ENCUMBRANCES, WARRANTIES, GUARANTEES. The parties represent AND WARRANT herein that there are no encumbrances, notes, judgments, liens, pending suits or other claims against any property subject to the terms and conditions of this agreement except as stated above or herein. terms and conditions of this agreement except as stated above or herein. 12. PERSONAL PROPERTY. The parties have divided all of their marital and non-marital personal property except as stated below. Except as outlined herein, each relinquishes any and all claims to the personal property in possession of the other party. 13. MOTOR VEHICLES. Each party shall be responsible for their own insurance, fuel and related expenses on all vehicles that they own or lease after this proceeding has been concluded. Plaintiff and Defendant waive all claims to the vehicles in the possession of each party and agree to convey any and all documents required to release their interest in any vehicle owned by the other party. Plaintiff shall receive the 2003 Jeep Liberty and Defendant shall receive the 2005 Ultima and the 1992 Chevy Truck used primarily by the parties' minor son. The parties son, Dustin shall receive the 1999 Jeep Cherokee owned jointly by The parties to this action. 14. DIVISION OF SAVINGS AND CHECKING ACCOUNTS. All savings Account and checking accounts in the individual names of the Plaintiff and Defendant shall remain the separate property of each, independent of any claims or rights of the other. A joint checking account shall remain open until all overdraft charges have been paid off by the parties. 15. MEDICAL INSURANCE. The parties agree to acquire and maintain their own Health insurance both during the term of the divorce proceeding and thereafter. 16. LIFE INSURANCE. The parties shall acquire their own life insurance. 17. DEBTS. The parties stipulate and agree that there are debts arising from this marriage and that the responsibility for the repayment of this indebtedness shall be as follows: 1. First Mortgage / Defendant 2. Home equity line of credit / Defendant 18. RETIREMENT ACCOUNTS. Each party unconditionally waives any and All Right, title and interest to the retirement, 401 K and any and all other savings Programs of the other party. Each party to this action shall receive as their own, Any and all interest in these plans to the permanent exclusion of the other party. This provision is intended to be non modifiable at any time in the future. 19. TAXES, TAX RETURN, REFUNDS. It is agreed between the parties That they shall file their 2008 tax return as married. The parties shall be jointly Responsible for property taxes and shall equally share in any and all tax refunds. 22. SPOUSAL SUPPORT, ALIMONY, ALIMONY PENDENTE LITE. The Parties stipulate and agree that neither party shall receive spousal support, alimony or alimony pendent elite during the term of the divorce proceeding or thereafter. 23. ADVICE OF COUNSEL, PROPERTY RIGHTS The provisions of this agreement and their legal effect have been fully explained to the parties by their respective legal counsel. The parties acknowledge that they have mutually worked to construct this agreement and agree with the terms as presented herein. More specifically, each understands that if either party had proceeded with an action in Divorce, under Pennsylvania law, the marital property of the parties would have been divided by the Court based on the following factors: a. The length of the marriage. b. Any prior marriage of either party. c. The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties. d. The contribution by one party to the education, training or increased Earning power of the other party. e. The opportunity of each party for future acquisitions of capital assets and income. f. The sources of income of both parties, including but not limited to, medical, retirement, insurance or other benefits. g. The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property. h. The standard of living of the parties established during the marriage. i. The economic circumstances of each party at the time the division of property is to become effective. 24. ADVICE OF COUNSEL- ALIMONY. Further, each party has had Explained to him / her that if either had proceeded with an action in Divorce, under Pennsylvania law, the appropriateness of awarding alimony to one of the parties would have been determined by the court, based upon the following factors: a. The relative earnings and earning capacities of the parties. b. The ages and physical, mental and emotional conditions of the parties. c. The sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits. d. The expectancies and inheritances of the parties. e. The duration of the marriage. f. The contribution by one party to the education, training or increased earning power of the other party. g. The standard of living of the parties established during the marriage. h. The relative assets and liabilities of the parties. i. The property brought into the marriage by either party. j. The relative needs of the parties. k. The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in its final decision relative to alimony. I. The Federal, State and local tax ramifications of the alimony award. m. Whether the party seeking alimony is incapable of self-support through appropriate employment. Each party has also had explained to him / her that if an Order for Alimony had been entered by the court, the court would have determined the amount of the payments, the duration of the payments, and that the payments would be subject to modification or termination based upon changed circumstances, cohabitation, remarriage or death. Each party confirms that she or he fully understands the factors regarding equitable distribution and alimony under the Divorce Code of Pennsylvania that each waives her / his rights to have the Court equitably divide their marital property or determine the appropriateness of alimony, and that each fully understands the terms, conditions and provisions of this Agreement, and finds them to be fair, just, equitable and reasonable under the existing circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement. 25. BREACH If either party breaches any provision hereof, then the Non-breaching party shall have the right, at his or her election, to sue for damages for the breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all legal fees and costs incurred by the other party in enforcing his or her right under this Agreement. 26. WAIVER OF PENNSYLVANIA DIVORCE CODE RIGHTS. All property set apart herein either now or in the future as the separate property of either the Plaintiff or Defendant and all property now owned by or titled to the Plaintiff or to the Defendant individually and all property acquired by Plaintiff or Defendant individually at anytime after the execution of this Agreement shall remain the separate property of that party and shall under no circumstances be considered or construed to be marital property as that term is used in the Pennsylvania Divorce Code and as such shall not be subject to equitable distribution. This agreement shall be deemed to be and construed to be a valid Agreement for the purpose of waiving the provision concerning equitable distribution as that term is used in the Pennsylvania Divorce Code. 27. DISCLOSURE. Each party agrees and represents that he or she has made a full and complete disclosure to the other of all assets and liabilities whether joint or individual of each party and each party further acknowledges that he or she is satisfied that such complete disclosure has been made. 28. DIVORCE. It is the understanding of the parties that their marriage is irretrievably broken, and each warrants and represents to the other that they will acknowledge to the Court of Cumberland County that his or her marriage to the other is irretrievably broken and each will consent to the courts decree divorcing them from the bonds of matrimony as a condition to the performance of this Agreement. 29. EQUITABLE BINDING PROPERTY AGREEMENT. The parties agree and acknowledge that this Agreement affects an equitable distribution of the parties' marital property in a manner which is satisfactory to each. This agreement may be incorporated into the final decree of divorce in any divorce action which may be pending between the parties. This Agreement shall not be merged in any such decree, but shall survive the decree and be forever binding upon the parties. 30. TRANSFERS AND PAYMENT CONTINGENT UPON THE ENTRY OF OF A DIVORCE DECREE. It is specifically understood and agreed by and between the parties that the conveyances, transfers and assignments of real and personal property are all made contingent upon the entry of a valid and final decree in Divorce severing and terminating the marriage relationship between the parties. 31. INCORPORATION IN JUDGMENT FOR DIVORCE. In the event either the Plaintiff or the Defendant at any time hereafter obtains a divorce in the cause presently or hereafter pending between them, this Agreement and all of its provisions may be incorporated for the purposes of enforcement only, but not merged, into any such judgment for divorce, either directly or by reference. The Court, on entry of the judgment for divorce shall retain the right to enforce the provisions and the terms of the Agreement pursuant to the provisions of 23 Pa C.S.A. 3105. 32. COUNSEL FEES. Each party is responsible for their own Attorney fees. 33. PERSONAL RIGHTS. Each party shall be free from all interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither party shall disturb, malign or molest the other or endeavor to compel the other to cohabit or dwell with him or her, or to interfere with the occupation, friendships, society, or acquaintances which either of the parties may choose to have from this day forward. 34. EXECUTION OF DOCUMENTS. Each party shall, upon the reasonable request of the other party or his or her designee, promptly make, execute and deliver any papers, documents and instruments and perform such acts as may be reasonably necessary or desirable for the purpose of giving full force and effect to the provisions of this Agreement and to cant' out the intent of the parties as expressed herein. 35. PARTIAL INVALIDITY. If any provision of this agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 36. WAIVER OF ESTATE CLAIMS. Each party hereby waives, releases, and relinquishes any and all rights that he or she may now have, or hereafter acquire as the other party's spouse under the present or future laws of any jurisdiction, including but not limited to the following: (a) To elect or take against any will or codicils of the other party, now or hereafter in force. (b) To share in the other party's estate in the case of intestacy. (c) To act as executor or administrator of the other party's estate. (d) To be the beneficiary of any stock account, bank account, life insurance policy, pension, 401(K), profit sharing, or other retirement account. 37. SITUS. This agreement shall be construed and governed in accordance with laws of the Commonwealth of Pennsylvania. 38. CONSTRUCTION. This Agreement shall not be construed against either party as the party preparing it, it being agreed that both parties have participated in the preparation thereof. 39. ENTIRE AGREEMENT. This agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 40. REPRESENTATION. Each party acknowledges that this Agreement has been entered into freely and voluntarily with full knowledge of the facts and full information as to the legal rights and liabilities of each and that each hereby certifies he or she has fully read this Agreement, understands the same and believes the same to be reasonable under the circumstances. 41. BINDING EFFECT. The terms, provisions and conditions of this Agreement shall be binding upon any and all of the heirs, executors, administrators, successors or assigns of either of the respective parties hereto, except as may be otherwise herein provided. 42. MODIFICATION AND WAIVER. A modification or waiver of any of the `provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 43. ENFORCEMENT. The parties hereto agree that the provisions of this Agreement may be entered and enforced by an appropriate court order at the action of the entitled party and against the obligated party, as the case may be, when any problem arises. 44. PURPOSE. This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations or agreements, oral or written of any nature whatsoever, other than those herein contained. The provisions of this Agreement are intended to consider, determine, and distribute all assets of the parties as a part of the terms of this Postnuptial Agreement. This Agreement is intended by the parties to be a valid Postnuptial Agreement, providing for the absolute and final settlement of their respective property rights. This agreement is not intended to be a mere Separation Agreement. 45. INTENTION. Each of the parties intends to be legally bound hereby and this Agreement shall be binding upon the heirs, personal representatives and assigns of the respective parties hereto. 46. INCORPORATION BY REFERENCE. This Marital Property Settlement Agreement may be incorporated by reference into the Judgment of Divorce as if reproduced in full therein. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and in counterparts, and Plaintiff and Defendant, as parties hereto, acknowledge the receipt of a duly executed copy and further acknowledge that each copy shall constitute an original. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IF- ROBERTA ANN DETWEILER, PLAINTIFF On this, the ` day of 1 2009, before me, a Notary Public, the undersigned officer, personally appeared ROBERTA ANN DETWEILER, known to me, or satisfactorily proven to be the person whose name is subscribed to the within Postnuptial Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notariai seal H. Anthony Adams, Notary Public Shippensburg Boro, Cumberland County My Commission Expires May 31, 2010 DALE SCOTT DETWEILER COMMONWEALTH OF PENNSYLVANIA COUNTY OF lW "UA" Notary Public On this, the 3?1_day of , 2009, before me, a Notary Public, % , the undersigned officer, personally appeared DALE SCOTT DETWEILER known to me, or satisfactorily proven to be the person whose name is subscribed to the within Postnuptial Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL I MICHELE R. DURF, Notary Public Boro of Shippensburg, Cumberland County My Commis:iion Expires July 16, 2012, 4ual ( ' Notary Public This Marital Property Settlement Agreement was prepared by Gan Law Group Richard R. Gan, Esq 64 South Pitt Street Carlisle, PA 17013 717-241- 4300 PA Bar Number 68721 I ? / • CIF5 A,?R Lb 1,141 G: C} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Roberta Anne Detweiler : No.08-5488 Civil Term Plaintiff VS. : Civil Action - Law : In Divorce Dale Scott Detweiler Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree; 1. Ground for divorce; irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service was made by Certified Mail Return Receipt Requested on September 26, 2008 and was accepted by Defendant on September 27, 2008. An Affidavit of Service has been filed. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code; by the Plaintiff April 7, 2009; by Defendant April 20, 2009. 4. Related claims pending: None. 5. Plaintiff's Waiver of Notice was signed on April 7, 2009 and was filed on April 15, 2009 and Defendant's Waiver of Notice was signed April 20, 2009 and is filed herewith. H. Anthony Adams, Esquire Attorney for Plaintiff 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 FILED 1.. OF THIE 1609 APR 28 A 3- Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Roberta Anne Detweiler V. Dale Scott Detweiler NO. 08-5488 Civil Term DIVORCE DECREE AND NOW, 8t VII 2:R ?,0°t , it is ordered and decreed that Roberta Anne Detweiler plaintiff, and Dale Scott Detweiler , 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 Cou ( k I A J. notary Al &?Vl MaA4? Al .7 f/ e W - J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Roberta Anne Detweiler Plaintiff vs. Dale Scott Detweiler Defendant CIVIL DIVISION File No. 08- 5488 IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, after the entry of a Final Decree in Divorce dated April 28, 2009, hereby elects to resume the prior surname of Roberta Anne Setzer and give this written notice avowing his / her intention pursuant to the provisions of 54 P.S. § 704. Date: J Ro era Anne Detweiler Anne Setzer t 19 COMMONWEALTH OF PENNSYLVANIA) ) SS. COUNTY OF CUMBERLAND On the ft-, day of May, 2009, before me, the Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notartal8eal Notaryu lic EH. hony Adams, Notary Public 130ro, CumberkM Cvunty don EX0r4&May 31, 0 Fi?L, I , F it i?? t ?y.J 2009 JUN -2 A $: I j ip I ' I r?l\?? i h?. ?r # It. Qa P 0 A TT-l ov,v- (5 , i G,oN