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HomeMy WebLinkAbout09-0695 WILLIAM F. DIETRICH, Plaintiff V. SUSAN Y. DIETRICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09- G 9 .5' CIVIL TERM : IN DIVORCE COMPLAINT COUNTI DIVORCE 1. Plaintiff in this Action in Divorce is WILLIAM F. DIETRICH, an adult individual who resides at 102 Oregon Street, Mercersburg, Franklin County, Pennsylvania 17236. 2. Defendant is SUSAN Y. DIETRICH, an adult individual and citizen of the United States of America who resides at 114 Lesher Road, Newburg, Cumberland County, Pennsylvania 17240. 3. Defendant has been a bona fide resident of Cumberland County, Pennsylvania, for more than six months previously to the filing of this Complaint and continuing to the commencement of this Action in Divorce. 4. WAYNE F. SHADE Attomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Plaintiff and Defendant were lawfully joined in marriage on October 23, 1971. 5. The parties have been living separate and apart since on or about January 1, 2007. 6. Plaintiff avers as the grounds on which this action is based that the marriage of the parties is irretrievably broken. 7. There have been no prior actions for divorce or annulment of this marriage in Pennsylvania or in any other jurisdiction. 8. Both parties to this Action in Divorce are legally capable of managing their own concerns. 9. Defendant herein is not a member of the armed forces of the United States of America. 10. There were four children born to the parties, all of whom are adults and emancipated. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- 11. 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. WHEREFORE, Plaintiff demands judgment dissolving the marriage between the parties. COUNT II EQUITABLE DISTRIBUTION 12. The averments of Paragraphs 1 through 11 inclusive above are incorporated herein by reference as though fully set forth. 13. Plaintiff and Defendant possess various items of marital property which are subject to equitable distribution by the Court. WHEREFORE, Plaintiff demands judgment equitably distributing all marital property owned by the parties and such further relief as the Court may deem equitable and just. Wayn . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff -3- I verify that the statements made in this pleading 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: C?G- , 6 11--d 0'0 CI kl%- C? William F. Dietrich WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ? k\ 41 9,j cv O O n fin) w O e r r? } vr?i - C7 } .V f ? Ertl f ? a c?; WILLIAM F. DIETRICH, Plaintiff vs. SUSAN Y. DIETRICH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09 - 695 Civil Term ACTION IN DIVORCE ACCEPTANCE OF SERVICE I, Jane Adams, Esquire, represent Susan Y. Dietrich, in the above- captioned matter; I hereby accepted service of the Notice to Defend, and Complaint in Divorce, on or about the date listed below, which was filed by Plaintiff's Attorney under the above-captioned number and I hereby affirm I was authorized to do so. Date, l l Ja A Sdams, Esquire outh St. C lisle, Pa. 17013 17) 245-8508 ATTORNEY FOR DEFENDANT ? ra ? ? ?J -rt 1.? E? f tF ?? °F,"? /t} 4 ?? ~? ? ` E R ".? +?: WILLIAM F. DIETRICH, Plaintiff vs. SUSAN Y. DIETRICH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09 - 695 Civil Term ACTION IN DIVORCE PETITION FOR SPECIAL RELIEF 1. Defendant/Petitioner is Susan Y. Dietrich, (hereinafter referred to as "Wife") a competent adult individual, who has resided at 114 Lesher Road, Newburg, Cumberland County, Pennsylvania, 17240, since 1978. 2. Plaintiff/Respondent is William F. Dietrich, (hereinafter referred to as "Husband"), a competent adult individual, who resides at 102 Oregon Street, Mercersburg, Franklin County, Pennsylvania, 17236. 3. The Plaintiff and the Defendant were married on October 23, 1971. 4. The parties separated on or about January 1, 2007. Wife has remained in the marital home, which consists of a dairy farm and includes 97.51 acres. 5. Wife is in the business of dairy farming on the marital property. 6. Wife is in possession of a 1993 Dodge pick-up truck and a stock trailer, which is used in the course of her daily business. It is also the only vehicle Wife has for personal use. The Dodge pick-up truck and trailer are titled in Husband's name, however are marital property, as they were purchased during the marriage. 7. The truck is instrumental in transporting feed, picking up parts, and supplies, hauling stock to market and pulling the horse trailer. 8. The inspection and registration on the truck is due to expire in April 2009. 9. In April 2008, the truck was at the mechanic for repairs. Husband went to the mechanic, took the vehicle, and refused to return it for a period of time, which had a serious negative impact on Wife's ability to run the farm. 10. Husband is currently in possession of the registration card for the truck, and Wife is extremely concerned that Husband will not cooperate having the truck inspected and with renewing the registration on the truck. 11. The truck is only worth approximately $5000, which is a tiny fraction of the value of the marital estate. 12. Husband does not need the truck, because after he left the marital home, he purchased a BMW in December 2007. 13. Section 3323(f) of the Divorce Code states that: "In all matrimonial cases, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interest of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice requires against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause." 14. Wife is requesting sole and exclusive ownership of the truck and trailer, which are essential in order for her to continue her dairy farm. f?+ 15. Unless Wife is awarded exclusive possession of the vehicle and trailer, the condition of the marital estate may deteriorate, as Wife will have to interrupt her farming if Husband again refuses to return the vehicle. WHEREFORE, Petitioner/Wife requests this Honorable Court to grant her sole and exclusive possession of the truck and trailer. Respectfully submitted, Date: 3iW/o9 jar if Esquire I11, D . 79465 South St. lisle, , Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER VERIFICATION I verify that the statements made in this Petition 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: 31-CW) I(---)101, Susan Y. Dietrich, (Petitioner ZZ3 I' MAR 2 4 2000 67 WILLIAM F. DIETRICH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 09 - 695 Civil Term SUSAN Y. DIETRICH, ACTION IN DIVORCE Defendant RULE TO SHOW CAUSE AND NOW, to wit, this 2 G ` day of 2009, upon consideration of Plaintiff's Petition for Special Relief, a Rule is hereby issued upon Plaintiff to show cause, if any, why the relief requested should not be granted. RULE RETURNABLE IN z.o DAYS FROM SERVICE. BY THE COURT: cc: ?Jane Adams, Esquire .41rayne Shade, Esquire S MAR 2 4 ?n q y C? c:rl ?_ > C) WILLIAM F. DIETRICH, Plaintiff vs. SUSAN Y. DIETRICH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09 - 695 Civil Term ACTION IN DIVORCE NOTICE TO PLEAD To: Wayne Shade, Esquire 53 W. Pomfret St. Carlisle, Pa. 17013 ATTORNEY FOR PLAINTIFF You are hereby notified to file a written response to the enclosed Defendant's Petition for Economic Relief within Twenty (20) days firom service hereof or a judgement may be entered against you. Respectfully submitted, ~a~e ~1~~ ~09 d ne Adams, Esquire . No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF WILLIAM F. DIETRICH, Plaintiff vs. SUSAN Y. DIETRICH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09 - 695 Civil Term ACTION IN DIVORCE DEFENDANT'S PETITION FOR ADDITIONAL CLAIMS AND NOW COMES, Defendant, Susan Y. Dietrich, by and through her Attorney, Jane Adams, Esquire, and respectfully files the following petition for additional claims. COUNT I -DISTRIBUTION OF PROPERTY 1. Plaintiff is William F. Dietrich, an adult individual who lives at 102 Oregon Street, Mercersburg, Franklin County, Pennsylvania, 17236. 2. Defendant is Susan Y. Dietrich, an adult individual who currently resides at 114 Lesher Road, Newburg, Cumberland County, Pennsylvania, 17240. 3. On February 10, 2009, Plaintiff filed a Divorce Complaint under the above- captioned matter. 4. Plaintiff left the marital home on January 5, 2009. 5. During the course of the marriage, the parties acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. 6. During the course of the marriage, the parties incurred numerous debts. 7. Plaintiff and Defendant have been unable to agree as to an equitable division of said marital property and debts. 8. Defendant is seeking an equitable division of all marital property. WHEREFORE, Petitioner prays this Honorable Court, after requiring full disclosure by the parties, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II -ALIMONY PENDENTE LITE 9. Sections 1-8 are herein incorporated by reference. 10. Plaintiff left the marital residence on January 5, 2007. 11. Defendant has remained in the marital home and has been solely maintaining the dairy farm located on the marital property. 12. Plaintiff has not been paying any expenses to help Defendant maintain the marital home or dairy business. 13. Defendant lacks sufficient liquid assets to provide for her reasonable means and her needs during the course of this litigation and is unable to support herself through appropriate employment. 14. Defendant requires reasonable support to adequately maintain herself and the dairy business in accordance with the standard of living established during the marriage. 15. Plaintiff is employed and has a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, the Defendant requests that this Honorable Court enter an award of Alimony Pendente Lite until final hearing. COUNT III - ALIMON`( 1 ~. Items 1 - 1 5 are herein incorporated by reference. 17. Defendant lacks sufficient property or liquid assets to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 18. Defendant is unable to support herself or the parties' dairy business in accordance with the standard of living of the parties established during the marriage through appropriate employment. 19. The Plaintiff enjoys a substantial income from which he is able to contribute to the support and maintenance of Defendant to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this- Honorable Court to enter an Order awarding her alimony in such sums as are reasonable and adequate to support and maintain Defendant in the station of life to which she has become accustomed during the marriage. COUNT IV -COUNSEL FEES, COSTS AND EXPENSES 20. Paragraphs 1- 19 are incorporated herein by reference. 21. Defendant is without sufi:tcient funds to retain counsel to represent her in this matter. 22. Without counsel, Defendant cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 23. Plaintiff is employed and enjoys a substantial income and is well able to bear the expense of Defendant's attorney and the expense of this litigation. WHEREFORE, Defendant requests this Honorable Court to enter an award of counsel fees, costs, and expenses. oa~ ql ~f~~ Respectfully submitted, ~n~ Adams, Esquire D. No. 79465 ~est South Street rlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT r r VERIFICATION I verify that the statements made in this PETITION 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: 1 tJ t Susan Y. Dietri h, De endant k~lLE~ ~ r;r"' 2t,'OS '~~ ,,r?Y ~, i i ter ~ ;~.,_ ,9--rt.~N..y ~ So~~ c~ ~,~.~~ ~ ~« s 2~ a3oo~/ WILLIAM F. DIETRICH, Plaintiff vs. SUSAN Y. DIETRICH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09 - 695 Civil Term ACTION IN DIVORCE COUNTER-AFFIDAVIT UNDER ~3301(d~ OF THE DIVORCE CODE 1. Check either (a) or (b): - (a) I do not oppose the entry of a divorce decree. '1 (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): ,~ (i) The parties to this action haves lived separate and apart for a period of at least 1 ' ~ . two years 10~- ,}-~, er c~S~aSfi~ 0 6 fig i'-'~Ct.r~ ~U,l tS Y)a~ ~~~ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): r (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-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. .. ----~. A ` Date: ~ l ~~ Susan Y. Dietrich, Defendant ~~c T,~r }an, - ,i~~-CRY ,S~_e. p~ ~~.l a SEP p 3 2009 WILLIAM F. DIETRICH, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. NO. 09-695 CIVIL TERM SUSAN Y. DIETRICH, Defendant : IN DIVORCE ORDER OF COURT AND NOW, this ~l ` day of September, 2009, Husband William F. Dietrich and Wife Susan Y. Dietrich, represented by their independently selected private counsel, respectively, Wayne F. Shade, Esquire, and Jane E. Adams, Esquire, and having stipulated and agreed with regard to enforcement of Husband's written discovery, it is hereby ordered and decreed that within thirty (30) days of the date of this Order, Wife shall serve, upon Husband, her following responses to Husband's written discovery: 1. In response to Husband's Interrogatory 16, the date and amount of each payment that Wife made on the Farm Service Loan 36, Farm Service Loan 37, Farm Service Loan 38, Farm Service Loan 40, and Farm Service Loan 42 in the years 2007 and 2009. 2. As to the Ford tractor and IH Cub tractor that Wife states in response to Husband's Interrogatory 25 were gifts from her father, the dates that she received each of them, Wife's values of each of them when she received them, her bases for her values of each of them when she received them, Wife's estimated current values of each of them, "'~ her bases for her current values of each of them, and the present whereabouts of each. j s -. 3. In response to Husband's Interrogatory 27, a letter setting forth the substance of the facts and opinions to which Mr. Heim is expected to testify and the grounds for each opinion or in lieu thereof, an expert report signed by Mr. Heim. 4. In response to Husband's Request 12, copies of all check registers or check stubs for all checking accounts to which Wife was an authorized signatory or otherwise a party, either alone or with Husband or others, from December 31, 2006, including accounts on which Wife's name did not appear but in which Wife or anyone else deposited any funds for Wife's benefit. 5. In response to Husband's Request 27, copies of the monthly credit card statements for the A T & T credit card from December 31, 2006, through August of 2007, for the Chase credit card and Citi credit card from December 31, 2006, through December 31, 2007, and for the Advanta credit card from December 31, 2006 through February 28, 2008. " Wa ne F. Shade Es uire Y ~ q Attorney for Plaintiff " Jane E. Adams, Esquire, Attorney for Defendant CD i ~~.s rn~t l.~.c.C~ 4/y/~ By the Court, ~.. ~"4_~1~ ~~ F'h"'~ f~#~TARY Z~09 SEP -~ PM 2~ 3 J VLjfYt{pC~"X54.~""t4"[[It~V~~V~/~iitl~~//1~~.,~~,F~'~~~A~~lVi 1 ["~~71 L.ytV DIY'! NOV 0 6 200y ~ WILLIAM F. DIETRICH, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09-695 CIVIL TERM SUSAN Y. DIETRICH, : Defendant IN DIVORCE ORDER OF COURT AND NOW, this lO~day of ~'~7~lirrt,Gc-~ ~ , 2009, upon consideration of the within Motion, it is hereby ordered, as follows: (I) A Rule is issued upon Husband to show cause why this Motion to Compel Discovery should not be granted and Husband be ordered to file his Answers to Wife's written discover or suffer sanctions: (2) Husband shall file an Answer to the Motion within Z o days of the date of service of this Order; and (3) Argument shall be herd thereon on the / 7~day of~~~ , 2009, at ~//D o'clock /° .M. in Courtroom No. 7 ,Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, i cc: / Jane E. Adams, Esquire Attorney for the Defendant '~ Wayne F. Shade, Esquire Attorney for the Plaintiff ~~~ ~~ ~i~~awrr ~r _ ~~ ~L_L~~ ~~lr; 1 ~~ ~ ~ +I~~r ~Y ,. ira ~, E ~~' ,_., WILLIAM F. DIETRICH, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, ACTION - LAW V. NO. 09-695 CIVIL TERM SUSAN Y. DIETRICH, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE% -v LO ?7?n ° COMMONWEALTH OF PENNSYLVANIA) SS: -? COUNTY OF CUMBERLAND )5- =ti m 1. c A Complaint in Divorce under §3301(c) of the Divorce Code with Notice of Availability of Counseling was filed on February 10, 2009, and served on February 11, 2009 by acceptance of service. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without notice. 4. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 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. 5. 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. 6. I have been advised of the availability of marriage counseling and of my right to counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 7. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree's being handed down by the Court. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 9. 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: September 2, 2010 f Ql? ^ ? 11 / William F. Dietrich WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 JANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esq dams((1)c mail.com WILLIAM F. DIETRICH, Plaintiff vs. SUSAN Y. DIETRICH, Defendant !1G Ti l ^ t 853 CUT r.:, ,...< StY PEN, ? 'LJ` ?t?l1A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09 - 595 Civil Term ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on August 24, 2009. 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. Date: ?- Susan Y. Dietrich, D ndant ?CI WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 43301(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: i Susan Y. Dietrich, fen anl- WILLIAM F. DIETRICH, Plaintiff VS. SUSAN J. DIETRICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 695 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of 41W4,44= , - V 2011, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on December 21, 2010, the date set for a Master's hearing, the agreement and stipulation having been transcribed and signed by the parties, and the terms of the agreement having been fulfilled, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent and waivers of the parties so that a final decree in divorce can be entered. BY THE COURT, Kev' A. Hess, P.J. cc: Wayne F. Shade =-< /Aorney for Plaintiff -_ 2 =r Jane Adams rn 7 -0 77 Attorney for Defendant, -i -C' 4' -- C) 1< -71 -n lis ry%4t LIEZL : r. ?; f c WILLIAM F. DIETRICH, Plaintiff VS. SUSAN Y. DIETRICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 695 CIVIL IN DIVORCE THE MASTER: We have taken a recess to allow counsel an opportunity to discuss some matters, and the Master has been advised that we are not going to need to continue today with additional testimony, but they are going to put something on the record. We may, however, have to reschedule this case to continue the testimony if the matter is not otherwise resolved. Mr. Shade. MR. SHADE: The parties agree that the husband's share of equitable distribution will be $265,000.00. If the remainder of the agreement that will be recited here falls through, then that stipulation will no longer be in effect because it will mean that the assets will have to be sold, and if the assets have to be sold, then the net marital estate will be divided equally between the parties. The wife will also pay an additional $15,000.00 in reimbursement to husband for his payment of marital debt from non-marital funds after the date of separation. By January 30, 2011, wife will pay husband 1 $75,000.00. By April 15, 2011, wife will pay the additional $205,000.00 to husband and refinance the marital debt. If wife does not perform any one of those three obligations, the livestock will be scheduled for immediate sale by auction. If the parties are unable to obtain a private purchaser for at least the amount of wife's appraised value that can be consummated within thirty (30) days of wife's default, whichever default that may be or whichever date that may be. If the wife does not perform any of her obligations, the farm equipment will be sold, including the dodge truck. Husband will not make an issue over any cheese equipment or cheese inventory. If the parties can obtain a private purchaser of the farm by May 15, 2011, for at least the amount of the stipulated value, the farm will be sold to that purchaser. If the parties cannot sell the farm by May 15, 2011, for at least the amount of the stipulated value, the farm will be listed for $775,000.00. If the farm has to be listed with a realtor because of the lack of a private purchaser, the parties will accept any offer of at least $600,000.00. If the wife does perform all of her obligations under this agreement, of course, the farm and the livestock and all the farm equipment will become her property. 2 If assets are sold, the net marital estate will be divided equally as mentioned above and if a breach occurs after husband has received the $75,000.00, he will be charged with receipt of that $75,000.00 in equitable distribution. The credit cards that are in husband's name will need to be paid in full, and we will cooperate with wife and her counsel to enable them to obtain payoff figures. We will not engage in any negotiation of debt forgiveness on any of those cards because that would further negatively impact the husband's credit. Wife can do whatever she wants to do with the credit cards that are in her name alone but if there are any income tax consequences as a result of any forgiveness of any of the credit cards in her name, which represent marital debt, she will assume those income tax consequences. If assets are sold, all expenses of sale and taxes will be shared equally between the parties. MS. ADAMS: As part of the agreement, it is understood that husband will cooperate with executing any documents which are necessary to effectuate this agreement, including any documents to enable wife to payoff his credit cards and any documents requested by any bank or loan agency which they would need to complete the refinancing. THE MASTER: Otherwise, Ms. Adams, you agree 3 • with the statement MS. THE additional comment MR. THE that Mr. Shade put on the record? ADAMS: Yes, we agree. MASTER: Mr. Shade, you accept her about the refinancing? SHADES: Yes, I do. MASTER: All right. Thank you very much. cc: Wayne F. Shade Attorney for Plaintiff Jane Adams Attorney for Defendant 4 WILLIAM F. DIETRICH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. C-3 r_- NO. 09-695 CIVIL TERM --am SUSAN Y. DIETRICH, ?rrn rn- Defendant : IN DIVORCE ces? ?` '? PRAECIPE TO TRANSMIT RECORD n To the Prothonotary: c-, -- .? Please 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. The date and manner of service of the Complaint were February 11, 2009, by acceptance of service. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree under § 3301(c) of the Divorce Code by Plaintiff was September 2, 2010, and by Defendant was September 2, 2010. 4. Related claims pending: None. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Date: April 22, 2011 Wayne . Shade Attorney for Plaintiff WILLIAM F. DIETRICH V. SUSAN Y. DIETRICH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-695 CIVIL TERM DIVORCE DECREE AND NOW, M ?a It dolt , it is ordered and decreed that WILLIAM F. DIETRICH , plaintiff, and 0,4-a- l /P-01 SUSAN Y. DIETRICH , 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 4 By Attest: J. xl?w Prothonotary Ced. defy ,otfly1-4 ht ? , .5haole- 5"? l ?, p Lei 'Jed "h 11'x'