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HomeMy WebLinkAbout09-4724U/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Civll_ ACTION-LAW Donald B. Van Fleet vs. Dori A. Van Fleet NO. N "/7;N 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 by another 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP Lawyer Referral Service, 4th Floor, Cumberland County Courthouse, Carlisle, PA 17013, phone. (717) 240-6200. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 COMPLAINT FOR DIVORCE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA In re: the Marriage of ) DONALD B. VAN FLEET ) Plaintiff ) ) and ) DORI A. VAN FLEET ) Defendant ) The Plaintiff, DONALD B. VAN FLEET, respectfully declares the following: Docket No. a, 9- y7,?- Y-rN?l 1. Plaintiff's Residence: Plaintiff resides at 823 Tavistock Road, Mechanicsburg, PA 17050 and has been a resident of the Commonwealth of Pennsylvania for 43 years. 2. Defendant's Residence: Defendant resides at 685 Blossom Hill Lane, Dallastown, PA 17313 and has been a resident of the Commonwealth of Pennsylvania for 47 years. 3. Marriage: On October 7, 1988, in Wyoming, Luzeme County, Pennsylvania, the Plaintiff and Defendant married. An official copy of the marriage license is attached to this COMPLAINT FOR DIVORCE. 4. Children: Plaintiff and Defendant have the following children born or adopted into their marriage: Name: Brandi L. Van Fleet Name: Bailey I. Van Fleet Name: Foster R. Van Fleet Date of Birth: August 20, 1989 Date of Birth: November 11, 1995 Date of Birth: August 3, 1999 5. Jurisdiction: This Court is that of proper jurisdiction to hear this cause. Neither the Plaintiff or Defendant has been involved in any litigation or other proceeding involving the other party in this or any other jurisdiction with respect to their marriage. Child support matters have been arbitrated in York County, Pennsylvania. 6. Grounds for No-Fault: Plaintiff wishes a dissolution of marriage with Defendant based on the following grounds: Irretrievable breakdown of the marriage with the spouses living separate and apart without cohabitation for two years. Plantif left share premises at 685 Blossom Hill Lane, Dallastown, York County, Pennsylvania on April 6, 2007, never to have cohabitated with the defendant since. 7. Marital Settlement Agreement: Plaintiff and Defendant have not entered into a Marital Settlement Agreement that formalizes an allocation of their property and finances and matters relating to child custody and visitation. A martial settlement agreement has been prepare, but not signed (copy attached). 8. Other Declarations: None NOW, THEREFORE, Plaintiff requests that the court order a DECREE OF DIVORCE and such further relief as Plaintiff may have requested herein. Verification I, Donald B. Van Fleet, affirm under penalty of pedury that I am the Petitioner in the foregoing COMPLAINT FOR DIVORCE and that all statements in this Petition are accurate to the best of mid knowledge. I have filed this Complaint in good faith and have not colluded with anyone in relation to it. Petitioner's nature Date PeZ ?i 5???? 4A Pe/fti?tioner's Address, Line 1 Petitioners Address, Line 2 Subscribed s before m ]n this L day of 20 q. Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DARCIE A. NEIL, Notary Public Boro of Carlisle, Cumberland County My Commission Expires Nov. 24, 2009 1- . 1314 Vol. 491 1988 MARRIAGE RECORD 1. County Issuing License 11 4. Offichnt: Lackawanna County a.Nsme Rev_ nnnn1d A_ RnhPYtn 2. Place of Marriage (City, Boro, Township) (County) Wyoming Luzerne b. Title Minister 3. Date of Marriage (Month, Day, Year) 10-7-88 c, Denomination United Methodist STATEMENT OF MALE STATEMENT OF FEMALE S. Full Name 14. Full Name Donald Brian Van Fleet Dori Ann Mackie 6. Mailing Address 15. Meiling Address 11042 Spring Dr. 99" Rpgnp Si- 7. Residence: 16. Rnidence: a. State Pa. b. County Lacka. a. State Pa . b. County Lacka. c. Location c. Location (1) City of (1) City of Scranton, Pa. Clarks Summit, Pa. (2) Borough of l (2) Borough oP (3) Township of (3) Township of a. Occupation 9. Rsca 17. Occupation la. Race Computer Operator W. Sm. Claims Examiner W. 10. Date of Birth Age 11. Birthplace 19. Date of Birth Age 20. Birthplace 10-17-65 22 E. Stroudsburg, a. 12-12-61 26 Scranton, Pa. Ile. Number of P i t 12b. How and When DissolvedDlVOICe 216• Number 21 b. How and When Dissolved r or 41 1 Marria ea 3-24-88 of Prior Marriages one 4-10-86 Divorce 13. Cause(s) If Divorced 22. Cause(s) If Divorced No-fault Tndi pities Date License Issued (Month, Day, Year) Date Report Sent (Month, Day, Year) Signature of Clerk 9-23-88 To Vital Statistics: 10-15-88 Al Fazio Given and Surname of Father Donald Joseph Van Fleet Given and Surname of Mother Elaine Gaile VAn Fleet Maiden Name of Mother " " Dodd Residence of Father Same as #6 Residence of Mother Same as above Race of Father W. Race or Mother W. Occupation of Father Pa. Dot Occupation of Mother ^Re•?1 E?Srtae Sales BirthWdi of Fattier 1 , Pennsylvania Unknown Birthplace of Mother Same as above Given and Surname of Father Nelson DoUal Given and Surname of Mother Irene Edna R Maiden Name of Mother n n Residence of Father Deceased S Residence of Mother 229-Reese Race of Father W. lace or motaer W. _ Occupation of Father Deceased _ Occupation of Mother Retired _ Birthplace of Father Scranton Pa. _ Birthplace of Mother Scranton, Pa. _ Is applicant afflicted with any transmissible disease? is applicant afflicted with any transmissible disease? a na S ' is applicant now under the influence of any intoxieatihil E5 ® Is applicant now under the Influence of any intoxicating 11 liquor or narcotic drug? ® liquor or narcotic drug? Q Q Relationship of parties making this application, if any. None We, the undersigned, in accordance with the statements hereinabove contained, the facts set forth wherein vie and eachof us do solemnly swear are true and correct to the best of our knowledge, information, and belief, do hereby make application to the Clerk of the Orphans' Court` of the above County, for a license to?marry. ? Signature of MALE Applicant Signature of FEMAI Applicant Sworn and subscribed to before me this 20th day of September A.D. t9 88 PREMARITAL FORMS FILER (Clerk of Orphans' our (SEAL) Book 491 Pose 13 My Commission Expires L;?y Pd . fly >1 h fJ4 07asouu E R T I F I E FROM THE RECORD 1 V AY 2009 LINDA MUNLEY REGISTER OF WILLS CLERK OF ORPHANS' COURT ?l Donald B. Van Fleet : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW 4 N7a?l Dori A. Van Fleet CIVIL TERM IN DIVORCE Defendant STIPULATED PROPERTY SETTLEMENT AGREEMENT THis AGREEMENT is hereby made and entered into this day of , 2009, by and between Donald B. Van Fleet (hereinafter "Husband" and/or "Father") and Dori A. Van Fleet (hereinafter "Wife" and/or "Mother"). Witnesseth: Whereas, the Parties hereto are husband and wife, having been married on October 7, 1988; and Whereas, marital differences and difficulties have arisen between the Parties; and Whereas, the Parties separated on April 6, 2006, and intended to continue to live apart and desire to forever completely settle separation of their marital and non-marital property, real and personal, belonging to either and/or both of the parties hereto and all other rights, entitlements, benefits, and privileges involved between the parties hereto arising directly or indirectly out of the marriage relationship; and Whereas, the Parties have had adequate time and opportunity to consult with legal counsel; Whereas, both Parties acknowledge that they are satisfied with the legal advice 1 DBV DAV they have received and understand the full importance of the Agreement they are entering into; and Now, therefore, the parties, in consideration of the foregoing promises, and the mutual promises and undertakings hereinafter set forth, agree as follows: 1. RIGHT TO LIVE SEPARATE It shall be lawful for Husband and Wife at all times hereinafter to live separate and apart from each other and to reside from time to time at such place or places as he and she shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. The foregoing provisions shall not be taken to be any admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 2. FREEDOM FROM INTERFERENCE Each party shall be free from interference, authority and contact by the other as if he or she were single and unmarried except as necessary to carry out provisions of this Agreement. Neither party shall harass the other or attempt to endeavor to harass the other, nor compel the other to cohabit with the other, or in any way realign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. DISTRIBUTION OF VEHICLES a. Wife shall assume all payments, including all loan payments, 2 DBV DAV 1. insurance and repair bills connected with the 2005 Nissan Armada currently in both Husband and Wife's name and in Wife's possession. With respect to this vehicle, Husband agrees that Wife shall retain possession of and retain as her sole and separate property the aforementioned vehicle with all responsibility for payment of any outstanding indebtedness thereon, free of any and all right, title-, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicle belonging to Wife by virtue of this paragraph. Husband agrees to take whatever steps are necessary to place title of said vehicle in Wife's sole name. b. of said vehicle in Husband's sole name. 4. ASSUMPTION OF MARITAL DEBT Each party shall be responsible for the balance of any credit card in their own personal name. It is specifically agreed by the parties that any payment or obligation due under this agreement shall not be dischargeable in bankruptcy. 5. DISTRIBUTION AND RELEASE OF MARITAL DEBT With the exception of liens against motor vehicles and those set forth in Paragraph 4, the parties agree: a. Husband assumes full responsibility for any indebtedness which he has contracted or incurred in his name, alone or jointly, after the date of separation. Husband represents and warrants to Wife that, since the date of separation, he has not 3 DBV DAV contracted or incurred any debt or liability, for which Wife or her Estate might be responsible, and shall indemnify and save Wife harmless from any and all claims or demands made against her or her Estate by reason of debts or obligations incurred by Husband and/or assumed herein. b. Wife assumes full responsibility for any indebtedness which she has contracted or incurred in her name, alone or jointly, after the date of separation. Wife represents and warrants to Husband that, since the date of separation, she has not contracted or incurred any debt or liability, for which Husband or his Estate might be responsible, and shall indemnify and save Husband harmless from any and all claims or demands made against him or his Estate by reason of debts or obligations incurred by Wife and/or assumed herein. 6. RESIDENCE AND CONTENTS AND PERSONAL PROPERTY RESIDENCE During the course of this marriage, the parties resided at a residence located at 685 Blossom Hill Lane, Dallastown, Pennsylvania, 17313, which was originally mortgaged and deeded to both Husband and Wife. Since separation, both the deed and mortgage have been transfer to the Wife. 7. CONTENTS AND PERSONAL PROPERTY As of the date of the execution of this Agreement, the parties shall transfer and assign their rights, title, claim and interest in speck property. Husband shall have as his own, free and clear of any claims of Wife, all of the items, household goods, furniture, 4 DBV DAV furnishings, appurtenances, and appliances in which he took into his possession upon the parties separation or as set forth in Exhibit A, attached hereto and incorporated herein. Wife shall have as her own, free and clear of any claims of Husband, all of the items, household goods, furniture, furnishings, appurtenances, and appliances she took into her possession upon the parties' separation or as set forth in Exhibit B, attached hereto and incorporated herein. 8. MISCELLANEOUS PROPERTY - PERSONAL AND MARITAL It is further agreed that both Husband and Wife shall retain as his or her own any and all personal effects, clothing, and personal jewelry. The parties further agree that any property not assigned in this Agreement as marital or non-marital property will be deemed the property of the physical possessor of said property. 9. RETIREMENT ACCOUNTS The parties shall keep any and all bank accounts, IRA's, 401 k's and other retirement accounts which are held in their names as personal property, free and clear of claims from the other party. 10. JOINT ACCOUNTS All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and split equally between the parties and each party shall take those steps necessary to have the other removed as a responsible party from such 5 DBV DAV accounts. The parties further specifically agree that all bank, savings, cash and checking accounts shall become the sole property of party named on the account. 11. TAX LIABILITY The parties hereto 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 property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her 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 retum. 12. POST SEPARATION PROPERTY Husband forever gives up all rights to any property, house, vehicle or other major or minor possession, purchased by, given to, or otherwise acquired by Husband after their separation on April 6, 2006; Wife in the same manner forever gives up all rights to any property, house, vehicle or other major or minor possession, purchased by, given to, or otherwise acquired by Wife after their separation on April 6, 2006. 13. 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 Pennsylvania's Divorce Code. Subject to the provisions of this 6 DBV DAV 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 caused 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 causes of action for divorce! and except any or all caused of action for any breach of any provision of this Agreement. A. Not later than ninety-seven (97) days following service of the Divorce Complaint or within seven (7) days of the execution of this agreement, whichever is later, both Husband and Wife shall have executed an Affidavit consenting to the entry of a final degree in divorce. Further both parties shall execute a Waiver of Notice of Intention to Request Decree under Section 3301(c) of the Divorce Code of 1980, as amended. B. Husband shall cause the Affidavits and Waivers to be filed of record and the divorce finalized. C. The right to request counseling is hereby waived by the parties. 14. ALIMONY The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other 7 DBV DAV for alimony, alimony pendente life, support or maintenance. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 15. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES Both parties hereby acknowledge and accept that the provisions of this Agreement providing for the equitable distribution of marital property are fair, adequate and satisfactory to them. Both parties agree to accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees any expenses during and after the commencement of any divorce proceeding between the parties. 16. INCOME TAX RETURNS Husband and Wife agree that (1) to file individual tax returns for each year beginning in 2006 and thereafter and (2) Wife shall have the right to claim Bailey Van Fleet and Foster Van Fleet as dependants on her yearly income taxes. 17. WAIVER 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, curtesy, statutory allowance, widow's allowance, right 8 DBV DAV to take 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 cant' into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 18. AGREEMENT NOT PREDICATED ON DIVORCE It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. 19. BREACH AND ENFORCEMENT If either party hereto breaches any of the provisions of this ,Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach, and the breaching party shall be responsible for the payment of all costs, expenses, damages and reasonable legal fees incurred by the other party in enforcing his or her 9 DBV DAV rights under this Agreement. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either party in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. 20. RE-ACKNOWLEDGMENT Each party acknowledges that it may be appropriate and required that this Agreement be re-acknowledged at some time in the future before the Clerk of the Commonwealth Court, the Clerk of Orphans Court, the Clerk of the Superior Court or some other Court, and each party agrees that they will re-acknowledge their signature before the Clerk of such Court upon request of the other party so that this Agreement may comply with the acknowledgment rules and provisions of any such Court. 21. ADDITIONAL INSTRUMENTS Within no more than fdteen (15) days after demand therefore, each of the parties hereto agrees that he or she will join in the execution, acknowledgment and delivery of any deed or other document which may be reasonably necessary to carry out the intent of this 10 DBV DAV Agreement, and, in the event either of the parties hereto would not join in the execution, acknowledgment and delivery of such instrument, then such party does hereby irrevocably appoint the other party hereto as his or her Attomey-in-Fact to execute, acknowledge and deliver such instrument hereby ratifying all that such other party hereto may do by virtue hereof with a copy of this Agreement to be a sufficient Power of Attorney to carry out the intent and purpose of this paragraph. Nothing contained in this section shall affect the right of one party to expressly include or exclude, as the case may be, the other party as beneficiary in any will, insurance policy or other document whether the same is presently in effect or would become effective in the future. 23. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective legal representatives, 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 fumished with all information relating to the financial affairs of the other which has been requested by each of them or their respective counsel. 24. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are not representations, warranties, covenants or undertakings other than those expressly set 11 DBV DAV I . forth herein. 25. DISCLOSURE Each of the parties hereto acknowledges that there has been full disclosure of all relevant matters of each party to the other party, that each of the parties is fully cognizant of his and her legal rights and liabilities with respect to the terms and conditions of this Agreement, that he and she understand the legal effect of this provisions of this Agreement and acknowledge that this Agreement is fair and equitable to each of the parties hereto, and that this Agreement was entered into voluntarily and without any undue influence or duress upon either party hereto. 26. MODIFICATION AND WAIVER This Agreement shall constitute a full, complete, and total binding Agreement between the parties concerning support, maintenance, alimony and property settlement, and is precluded from modification EXCEPT if the parties specifically agree to modify this Agreement. Any and all modifications to this Agreement shall only be by written agreement containing the same formalities as this Agreement and shall exhibit the notarized signatures of both parties, along with two witnesses. The parties specifically agree that they may rescind this Agreement only by written agreement containing the same formalities as this Agreement which shall exhibit the notarized signatures of both parties, along with two witnesses. Any waiver of a breach of any provision of this Agreement shall not constitute an 12 DBV DAV I . ongoing waiver. Any waiver by either party of any provisions of this Agreement of any right or operation hereunder, shall not be controlling nor shall it prevent or estop such party from thereafter enforcing such provision, right, or option and the failure of either party to insist in any one or more instances upon the strict performance of any of the terms or provisions of this Agreement by the other party shall not be construed as a waiver or relinquishment for the future of any such term or provision, but the same shall continue in full force and effect. 27. PRIOR AGREEMENTS This Agreement constitutes the entire understanding and agreement between the parties hereto, and there are no other representations, warranties, covenants, understandings or agreements other than those expressly set forth herein. 28. INCORPORATION INTO DECREE OF DIVORCE Unless as otherwise provided herein, this Agreement shall be incorporated in and made a part of any Decree that might be entered in any dissolution proceeding between the parties hereto upon the filing by either or both parties of an executed copy of this Agreement in such action and same may be incorporated by reference into any such Decree or court order. It is specifically agreed, however, that a copy of this Agreement may be incorporated, by reference, into a divorce judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment, unless otherwise specifically provided herein, 13 DBV DAV and for this Agreement to continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall survive such decree. 29. 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. 30. INDEPENDENT AND SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto, that each paragraph shall be deemed a separate and independent covenant and agreement. 31. APPLICABLE LAW This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 32. 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 14 DBV DAV 33. AGREEMENT BINDING ON HEIRS This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns. 34. EFFECTIVE DATE This Agreement shall be considered to be effective at 12:01 a.m. on the date set forth on page one of this Agreement, which shall be the date on which the last party signs this document. IN TEsTwwWHEREOF, witness the signature of the parties hereto this day of , 2009. DONALD B. VAN FLEET DORI A. VAN FLEET Date: Witness for DONALD B. VAN FLEET Date: Witness for DORI A. VAN FLEET Date: 15 Date: DBV DAV Exhibit A: Assets taken into possession by Donald B. Van Fleet Personal effect: clothing, personal jewelry Masonic colieclors statuette with hand made pedestal Collection of various books 16 DBV DAV Exhibit B: Assets taken into possession by Do: A. Van Fleet House, as furnished including appliances and fumiture, etc. All personal effects, such as clothing and jewelry Tools and equipment, including but not limited to lawn mowers, snow blower, weed whacker, miscellaneous hand and power tools 17 DBV DAV 2 4yflF {.Yr r 7/24/2009=8:47:27 AM=nn-vanfleet anscc.doc=F# 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD B. VAN FLEET, NO. 09-4724 PLAINTIFF V. DORI A. VAN FLEET, DEFENDANT CIVIL ACTION - LAW DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT FOR DIVORCE ON THIS day of 2009, comes the Defendant, Dori A. Van rye Fleet (hereinafter "Wife"), by and through her attorney, Amy J. Phillips, Esquire, and files this Answer to Plaintiff's Complaint for Divorce and in support thereof, states as follows: 1. Admitted with clarification. Donald B. Van Fleet (hereinafter referred to as "Husband") was a resident of York County prior to taking up residence in Cumberland County, with his paramour. 2. Admitted. 3 Admitted. 4. Admitted. 1 7/24/2009=9:20:01 AM=rm-vanfleet anscc.doc=F# 1 5. Denied. It is specifically denied that the Cumberland Court of Common Pleas is the proper jurisdiction to hear this matter as Wife filed a Complaint in Divorce in the York County Court of Common Pleas, to docket number 2008-FC-001354-02 on July 22, 2008. Husband was served with the Divorce Complaint via certified mail, return receipt requested on or about July 24, 2008. Proof of Service was filed with the York County Court of Common Pleas on July 28, 2008. Further, the parties' last marital domicile was Wife's residence in York County. Pennsylvania Rule of Civil Procedure 1920.6(b) pertaining to multiple divorce actions states: [i]f a second [divorce] action is brought in another county more than ninety days after service of the complaint in the first action, the second action shall be stayed until the conclusion of the first action." See Pa.R.C.P. 1920.6(b). As Husband commenced this action nearly one- year after the York County divorce action was commenced, the Cumberland County action must be stayed, if not dismissed. 6. Admitted in part. Denied in part. It is admitted that the parties' marriage has suffered an irretrievable breakdown. However, it is denied that Husband left the premises on April 6, 2007. Rather, Husband left the residence on or about April 10, 2007. 7. Admitted with clarification. It is admitted that neither of the parties have entered into a Marital Settlement Agreement and that a draft Agreement was attached to the Complaint for Divorce filed by Husband. However, such stipulated Property Settlement Agreement is unacceptable as drafted and contains numerous errors. Further, these matters can be addressed as part of the York County action already pending. 8. No response is required. 2 7/24/2009=8:47:27 AM=rm-vanfleet anscc.doc=F#1 WHEREFORE, Defendant respectfully requests this Honorable Court dismiss this Complaint in Divorce or stay this action in light of the action already pending in York County, Pennsylvania. Respectfully submitted, HOFFMEYER & SEMMELMAN, LLP BY: A'? ` Amy J. Ph' lip squire Attorney for Defendant 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 85731 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF YORK The foregoing DEFENDANTS ANSWER TO PLAINTIFF'S COMPLAINT FOR DIVORCE is based upon information which has been gathered by me and counsel. The actual language contained in the pleading is that of counsel and not my own. I have read the DEFENDANTS ANSWER TO PLAINTIFF'S COMPLAINT FOR DIVORCE and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. This statement and verification unworn falsification to authorities, subject to criminal penalties. Date: ? 3MI are made subject to the penalties of Pa.C.S. Section 4904 relating to which, provides that if I knowingly make false averments, I may be "U-\ 14 vaja- A.V ET Y • 7/24/2009=8:50:15 AM=rm-vanfleet anscc.doc=F#1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD B. VAN FLEET, NO. 09-4724 PLAINTIFF V. DEFENDANT CIVIL ACTION - LAW DORI A. VAN FLEET, DIVORCE; CERTIFICATE OF SERVICE I hereby certify that I have on this date served the DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT FOR DIVORCE on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class mail, postage pre-paid, United States mail as follows: Donald B. Van Fleet 823 Tavistock Road Mechanicsburg, Pennsylvania 17050 DATE: Q wk.4 &9 9 7 &". BY: t c d2f!!?- Amy J. Phil - s, quire Attorney for efendant 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 85731 RLEF) OF T DIHE: 2HO J;12`3 t'?. ?'.. i?`(?'e•'i', ? it .