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HomeMy WebLinkAbout09-2863 COYNE & COYNE, P.C. John W. Carter, Esquire Pa. Supreme Ct. No. 202849 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 ATTORNEY FOR PLAINTIFF DALE L. DENTLER Plaintiff VS. ELIZABETH ANN DENTLER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.fA•o18(&WIVIL TERM : ACTION 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 of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, TO GET LEGAL HELP SHOULD CONTACT: Cumberland County Lawyer Referral Service 32 South Bedford Street, Carlisle, Pennsylvania 249-3166 1 COYNE & COYNE, P.C. John W. Carter, Esquire Pa. Supreme Ct. No. 202849 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 ATTORNEY FOR PLAINTIFF DALE L. DENTLER Plaintiff VS. ELIZABETH ANN DENTLER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM ACTION IN DIVORCE COMPLAINT IN DIVORCE NOW COMES the Plaintiff, Dale L. Dentler, by his attorney, John W. Carter, Esquire and files this Complaint In Divorce and avers the following in support thereof: 1. The Plaintiff, Dale L. Dentler, is an adult individual residing at 3750 Sullivan Street, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant, Elizabeth Ann Dentler, is an adult individual residing at 7723 Althea Avenue, Harrisburg, Dauphin, Cumberland County, Pennsylvania, 17112. 3. The Plaintiff and Defendant are sui juris and have been bona fide residents in the Commonwealth for at least six months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 21, 2005, in Lower Paxton Township, Dauphin County, Pennsylvania and have separated. 5. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 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. Further, Plaintiff waives his right to request that the parties participate in marriage counseling. COUNT I-REQUEST FOR A NO FAULT DIVORCE 7. Paragraphs 1 through 6 of this Complaint are incorporated by reference. 8. The marriage is irretrievably broken. 9. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 10. At the appropriate time, Plaintiff may submit an affidavit alleging that the parties have lived separate and apart since June 2008. WHEREFORE, if both parties file affidavits consents to a divorce after ninety (90) days have elapsed from the filing of this Complaint, or alternatively if the appropriate time has elapsed since date of separation, Plaintiff respectfully request the Court enter a Decree in Divorce, pursuant to Section 3301(c) or Section 3301(d), as maybe appropriate. 3 COUNT II - EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 of this Complaint are incorporated by reference. 12. Plaintiff and Defendant have acquired property, and debt during their marriage. 13. Plaintiff and Defendant have been unable to agree as to the equitable division of said property and debt. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debt pursuant to the Divorce Code. Respectfully submitted: COYNE & COYNE, P.C. Dated: By: L' JOHN W. CARTER, Esquire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 202849 Attorney for Plaintiff 4 VERIFICATION The facts set forth in the foregoing instrument are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S.A. § 4904. Dated: 5'-6-20091 '/:?IJ A 9AO-- Dale L. Dentler FILE[}-() F-K",%F OF THE PPOTN "`""OTA?Y 2009 MAY -7 PH 1: 11 PENIN }Ua4zo PQ Any a,* 4359 1 ? COYNE & COYNE, P.C. John W. Carter, Esquire Pa. Supreme Ct. No. 202849 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 ATTORNEY FOR PLAINTIFF DALE L. DENTLER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 09-2863 - CIVIL TERM ELIZABETH ANN DENTLER Defendant : ACTION IN DIVORCE CERTIFICATE OF SERVICE I, JOHN W. CARTER, ESQUIRE, of Coyne & Coyne, P.C. hereby certify that I have, on the below date, caused a true and correct copy of the attached Divorce Complaint to be served upon the person named below by way of certified first class mail, restricted delivery, postage prepaid, return receipt requested. Elizabeth Ann Dentler 7723 Althea Avenue Harrisburg, Pennsylvania, 17112 COYNE & COYNE, P.C. Dated: Zag By: ?-- John W. Carter, Esquire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. Supreme Ct. No. 202849 Attorney for Plaintiff ¦ CcnK9111e AIRre 1. I.end 8. Ala 110 10 r11 0 Apad itwn 4 K F1?slrfoMd chwkw le dest d. Acidwas ¦ Ptitnt your rwrw and address on the reveres so that we can rsUn the card to you. g, yy (ftVftd? " C. D.es of D*my ¦ Attach I* owd to the lw * of the maNpisoe, or on the front 9 specs psm N& ciftu c hom I,1? 0 Ys 1. AfrioM Aftensd W d*my &*wws blow: [3 No l? Z AMxt ? ? o0 Avg 1 pe , 47 o Emp••e Mw 0 Rdum ROCA* 10r tIM dW d " ?MM 0 C.O.D. 4. PAWI Md D~ PD&v Fey !! 2. AreasNOn*w 7006 0100 0003 4882 9310 Rrair??1Fom ssrMbe Arb.p - Ps Forth 3811, February 2004 Domndc Roam Rw 102506.02-WIS40 Timothy M. Barrouk, Esquire Attorney ID No. 204537 4807 Jonestown Road, Suite 148 Harrisburg, PA 17109 (717) 657-3900 Fax: (717) 657-2060 tmb@themcshanefirm.com DALE E. DENTLER, Plaintiff vs. ELIZABETH ANN DENTLER Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION :No. 09-2863 -Civil Term :ACTION IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter my appearance on behalf of the Defendant, Elizabeth Ann Dentler, in the above-captioned matter. Papers may be served at the address set forth below. Respectfully submitted, THE MCSHANE FIRM, LLC .~'- Timothy M. Barrouk, Esquire Attorney ID No.: 204537 4807 Jonestown Road, Suite 148 Harrisburg, PA 17109 Telephone: (717) 657-3900 Fax: (717) 657-2060 Attorney for Defendant f CERTIFICATE OF SERVICE I, Cathi Leigh McAdams, an employee of The McShane Law Firm, LLC, hereby certify that service of the foregoing Praecipe for Entry of Appearance was made via first class, postage prepaid mail, on June 5, 2009, to: John W. Carter, Esquire 3901 Market Street Camp Hill, PA 17011-4227 Counsel for Plaintiff .S ~oa~ ate G~~ ~ ~ ~/' Cathi Leigh Mc ams, Legal Assistant to Timothy M. Barrouk, Esquire ~~LJ~i~l I~.t~ 20Q9 JUG -8 PM ~~ 16 PEN~~fiSYL4'~i'~'A COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 ATTORNEYFOR PLAINTIFF DALE L. DENTLER : IN THE COURT OF COMMON PILEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09-2863 CIVIL TERM ELIZABETH ANN DENTLER Defendant :ACTION IN DIVORCE PRAECIPE FOR ENTRANCE OF APPEARANCE ON BEHALF OF PLAIl~TIFF TO THE PROTHONOTARY: Enter the appearance of Lisa Marie Coyne on behalf of the Plaintiff in the above mi;tter. COYNE & COYNE, P.C. Cf: Timothy M. Barrouk, Esq. For Defendant By: /'~ ~ i c~ ~------ ~- sa Marie Coyne, Esy uire ,f a. S. Ct. No. 53788 ! ~,, 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 FlLE~-<.;; ~"~V4 ZOQ9.1l~~ti i p ~' 2~ 2 ~ CUt~/~4:~:,,~m~;;~~ t~~~NiY ' ~ JUL 13'-2010 DALE E. DENTLER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION v. No. 09-2863 ELIZABETH DENTLER : Defendant ACTION IN DIVORCE ORDER OF COURT th AND NOW, this 1~ day of ~y~Y , 2010, upon consideration of the attached Petition to Withdraw as Counsel, IT IS HEREBY ORDERED AND DECREED THAT said Petition is granted and Timothy M. Barrouk, Esquire, of The McShane Firm, LLC is hereby withdrawn as counsel for Defendant Elizabeth Dentler. BY THE COURT: ,Judge Distribution: Prothonotary's Office Tim M. Barrouk, Esq., 4807 Jonestown Road, Suite 148, Harrisburg, PA 17109 Jamie L. High, Esquire, Coyne & Coyne, P.C., 3901 Market St., Camp Hill, PA 17011 C4 P s es Nti~L, fed `l/J3~iv ~L r~ c:- W=a ~,<` <= .: ~... °: ~~: ~._ ~.~ \L~.-'~; \T '-,-; . ~, - , -., raj- _.. ~_ ;, -;.: :~'~ •'\ X 4 COYNE & COYNE, P.C. Jaime L. High, Esquire Pa. Supreme Ct. No. 91506 3901 Market Street OF THLPROTHCNOTARY 2011 APR -8 AM 10: z79 CUM13ERLANO COUNTY PENNSYLVANIA Camp Hill, PA 17011-4227 (717) 737-0464 ATTORNEY FOR PLAINTIFF DALE L. DENTLER Plaintiff VS. ELIZABETH ANN DENTLER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-2863 CIVIL TERM. : ACTION IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on June 1, 2008 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Date: V5' 20// -P,// "I - DALE L. DENTLER, Plaintiff DALE L. DENTLER Plaintiff VS. ELIZABETH ANN DENTLER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-2863 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. (b) I oppose the entry of a divorce decree because (Check (i), (ii), or both): (i) The parties to this action have not lived separate and apar for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (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 notice to me, and I shall be unable thereafter to file any economic claims. 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. Date: DEFENDANT NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. CERTIFICATE OF SERVICE I, Jaime L. High, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Plaintiff's Affidavit under §3301(d) of the Divorce Code was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Elizabeth Ann Dentler 7723 Althea Avenue Harrisburg, Pennsylvania, 17112 Dated: ? X(' ?- y?7 _ ?. me L. High, Esq 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 91506 Attorney for Plaintiff COYNE & COYNE, P.C. Jaime L. High, Esquire Pa. Supreme Ct. No. 91506 3901 Market Street FILED-0F1` IU,E OF THE PR0TE10 0TItR 2011 APR 29 PM 12: 57 CUMBERLAND COUNTY PENNSYLVAHIA Camp Hill, PA 17011-4227 (717) 737-0464 ATTORNEY FOR PLAINTIFF DALE L. DENTLER Plaintiff VS. ELIZABETH ANN DENTLER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-2863 CIVIL TERM : ACTION IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: ELIABETH ANN DENTLER, Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or after May 18, 2011, the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the Prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 YOU 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 Lawyer Referral Service 32 South Bedford Street, Carlisle, Pennsylvania 717-249-3166 CERTIFICATE OF SERVICE I, Jaime L. High, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Notice of Intention to Request a §3301(d) Divorce Decree was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Elizabeth Ann Dentler 7723 Althea Avenue Harrisburg, Pennsylvania, 17112 Dated: ?/a b 4' Ja' e L. High, Esqu 901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 91506 Attorney for Plaintiff DALE L. DENTLER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVAN* - Tj VS. : NO. 09-2863 CIVIL TERM r= Cu ELIZABETH ANN DENTLER Defendant : ACTION IN DIVORCE t Ts a'^g MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this d?f? day of July, 2011, by and between Dale L. Dentler, hereinafter referred to as "Husband", and Elizabeth Ann Dentler, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 21, 2005 in Lower Paxton Township, Dauphin County, Pennsylvania and separated on June 1, 2008; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by her attorney, Jaime L. High, Esquire, and Wife, who has had an opportunity to review this agreement with counsel of her choosing prior to signing this agreement, have come to the following agreement. 1 NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on or about June 1, 2008 he has not, and in the future he will not, contract or incur by debt or liability for which Wife or her estate might be responsible and shall indemnify, defend and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 4. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on or about June 1, 2008 s he has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify, defend and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 2 5. OUTSTANDING MARITAL DEBT. Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations including prior to the signing of this Agreement. Each party agrees to pay the outstanding account/debt balance on credit cards in that person's name and further agrees to defend, indemnify, and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa. C.S.A. Section 3302. 7. EOUITABLF, DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa. C.S.A. Section 3501 et. seq., and taking into account the following considerations: the length of the marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties 3 established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 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 marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between. The parties mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all intangible marital property. The parties agree that with regard to the current bank accounts, each account shall remain as presently titled and is the sole property of that person. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans, or individual retirement accounts, retirement benefits, 4 of any nature and Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his or her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. DISNEY VACATION CLUB: The parties are owners of a timeshare through Disney Vacation Club which is indexed in the Orange County, Florida records at Book 08293, Page 4350. The parties agree Husband shall retain the Disney Vacation Club timeshare and shall be responsible for all payments. Wife agrees to cooperate with signing of all necessary paperwork to transfer the Disney Vacation Club timeshare to Husband. C. TAX LIABILITY.• The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8. HEALTH INSURANCE: Parties shall provide their own health insurance. Further, neither party shall be responsible for any health costs or medical expenses incurred by the other and each shall indemnify and hold harmless the other from any claim put forth in that regard. 9. PENSIONS: The parties agree to waive any claim which they may have to the other spouse's pension, retirement benefits, Thrift Savings Plan, or ERISA plans, if any so exist. 5 10. ALIMONY.• The parties expressly agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for maintenance or alimony. Husband and Wife further, voluntarily and knowingly, waive and relinquish any right to seek from the other any payment for alimony. 11. ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES: Husband and Wife further, voluntarily and knowingly, waive and relinquish any right to seek from the other any payment for alimony pendente lite, counsel fees, and expenses. 12. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of 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, dower, curtsey, statutory allowance, widow's allowance, right and take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. 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 his mutual waiver and relinquishment of all such interests, rights and claims. 13. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of attorney fees and court costs incurred by the other in enforcing his or her rights under this Agreement. 6 14. SECTION 3301(d) DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, the divorce has been pending for two years and that they both consent to the entry of a decree in divorce pursuant to 23 Pa. C.S.A. Section 3301(d). 15. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 16. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accounts, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, if any, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 7 18. 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa. C.S.A. Section 3501 et. seq. or any other laws. Husband and Wife each voluntarily and knowingly waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 19. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 20. MODIFICATIONAND 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. 21. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 8 22. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 23. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 24. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 25. VOID CLAUSES: 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 provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties intending to be bound hereto have set their hands and seals the day and year first above written. J?1411 P? (SEAL) Dale L. Dentler, Husband SEAL AFliz, eth Ann Dentler, Wife 9 Commonwealth of Pennsylvania ) ) ss County of Cumberland ) On this, the lay of _ , 2011, before me, personally appeared DALE L. DENTLER, Husband, known to me to be th person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official sea Notary Public COMMONWoLiM of PENNSYLVANIA NOTARIAL SEAL r` Mlepry F Covne, Notary Public liialppden Towns D Cumberland Couhty My . mmission E •., es June 17, 2012 Commonwealth of Pennsylvania ) ) ss County ofrGbc4,aR& ?,4 ??i(i iiu ) On this, thev7day of 2011, before me, a Notary Public, personally appeared ELIZABETH ANN DENTLER, W' e, known to me to be the person whose name is subscribed to the within Agreement and acknowled ed that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and officials 1. Notarial Seal John A. Weber Sr., Notary public EaSt I`1anoVer TWO.. Daunhin r'nl.nr. otary Pu 10 ?-?? pia ?.? FICI? COYNE & COYNE, P.C. 0 , P Jaime L. High, Esquire 2011 APR 29 ptj 12; 57 Pa. Supreme Ct. No. 91506 CUMBEPLANta 3 901 Market Street PENNS y???, ?COUNTY Camp Hill, PA 17011-4227 (717) 737-0464 ATTORNE'FOR PLAINTIFF DALE L. DENTLER Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09-2863 CIVIL TERM ELIZABETH ANN DENTLER . Defendant : ACTION IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d TO: ELIABETH ANN DENTLER, Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file acounter-affidavit to the § 3301(d) affidavit. Therefore, on or after May 18, 2011, the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the co decree in divorce. A counter-affidavit which you may fil urt can enter a final e with the Prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may d you lose forever the right to ask for economic relief. The filing of the ormvcounter affidavitlalone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE S FORTH BELOW. THIS OFFICE CAN PROVIDE YOU ET ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TORHIRE A LAWYER, THIS OFFICE INFORMATION ABOUT MAY BE ABLE TO PROVIDE YOU WITH TO ELIGIBLE PERSONS AGENCIES THAT MAY OFFER LEGAL SERVICES AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 South Bedford Street, Carlisle, Pennsylvania 717-249-3-166 CERTIFICATE OF SERVICE I, Jaime L. High, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Notice of Intention to Request a §3301(d) Divorce Decree was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Elizabeth Ann Dentler 7723 Althea Avenue Harsb5?rg, Peluusylvpaiia, 17112 Dated: a D C_ Ja' e L. High; Esqui 901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct..No. 91506 Atto7wey for Plaintiff DALE L. DENTLER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 09-2863 CIVIL TERM ELIZABETH ANN DENTLER M C= Defendant : ACTION IN DIVORCE rte- ?' ?' -<> i co r 3:30 -7 PRAECIPE TO TRANSMIT RECORD I- : 7 TO THE PROTHONOTARY: - Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: May 13, 2009 by Certified Mail, Restricted Delivery. 3. (Complete either paragraph (a) or (b).). b. (1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: April 5, 2011; (2) Date of filing and service of the plaintiff's affidavit upon the defendant: April 7, 2011. 4. Related claims pending: none. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: April 28, 2011 by first-class mail. Date: RA Lit / AIME L. HI ESQUIRE Attorney for Plaintiff Pa. Supreme Ct. No. 91506 IN THE COURT OF COMMON PLEAS OF DALE L. DENTLER CUMBERLAND COUNTY, PENNSYLVANIA V. ELIZABETH ANN DENTLER NO. 09-2863 DIVORCE DECREE AND NOW, 14, 011 , it is ordered and decreed that DALE L. DENTLER plaintiff, and ELIZABETH ANN DENTLER , 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.") The Marriage Settlement Agreement Dated July 26, 2011 is incorporated but not merged into this Decree. By the Court, N, I ?- Attest: J Prothonot d-f/ Ir e ? 60pi Ap #? ,IA/ I,w ih,'r ColllP