HomeMy WebLinkAbout09-5874Robert Altenburg,
Plaintiff
Vs.
Dyran Altenburg,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
D?- 5"-7 1 /ill i
Docket No.
CIVIL ACTION - DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court for Divorce.
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 loose money or property or other rights important to
you, including custody or visitation of your children.
WHEN THE GROUND FOR DIVORCE IS INDIGNITIES OR
IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE, YOU MAY
REQUEST COUNSELING. A LIST OF MARRIAGE COUNSELORS IS
AVAILABLE AT THE OFFICE OF THE PROTHONOTARY AT:
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
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 LOOSE 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, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW WHERE YOU CAN FIND OUT WHERE YOU
CAN GET LEGAL HELP:
Lawyer Referral Service
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
er-
Robert C. Altenburg, Esquire
10 Scarsdale Dr.
Camp Hill, PA 17011
(717) 574-2392
I.D. No. 209540
Plaintiff.
Robert Altenburg, )
Plaintiff )
vs. )
Dyran Altenburg, )
Defendant )
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
_0 9- SQ7-Y .;h? % .w.
Docket No.
CIVIL ACTION - DIVORCE
COMPLAINT FOR DIVORCE
AND NOW this 27th day of August, 2009, comes Plaintiff, Robert Altenburg, Esquire,
and respectfully declares the following:
1. Plaintiff. Plaintiff is Robert Charles Altenburg, who currently resides at 10 Scarsdale
Dr., Camp Hill, PA 17011 and has been a resident of the Commonwealth of
Pennsylvania for 41 Years and 7 months.
2. Defendant: Defendant is Dyran Emily Altenburg, who currently resides at 411 Brian
Ct., Mechanicsburg, PA 17055 and has been a resident of the Commonwealth of
Pennsylvania for 11 years and 10 months.
3. Residence: Plaintiff and Defendant have been bona fide residents in the
Commonwealth for at least six months immediately previous to the filing of this
Complaint.
4. Marriage: Plaintiff and Defendant were married on January 1 lth, 2000,
in Mechanicsburg, Cumberland County, Pennsylvania.
5. Separation: The parties separated on August 18th, 2009, and have been living separate
and apart since that date.
6. Children: Plaintiff avers there are NO children under the age of eighteen (18) years of
the marriage and the wife is not now pregnant.
7. Prior Actions: There have been no prior actions of divorce or for annulment between
the parties.
8. Counseling: Plaintiff understands that counseling is available and that plaintiff may
have the right to request that the Court require the parties to participate in counseling.
9. Grounds: The marriage is irretrievably broken.
10. Equitable Distribution of Property: Plaintiff intends to seek a fair and reasonable
settlement with the Defendant and desires that the Court approve any such written
settlement agreement entered into prior to the final disposition of this action.
11. Jurisdiction: This Court is that of proper jurisdiction to hear this cause.
12. Prayer for Relief: The Plaintiff respectfully requests that the Court enter a decree of
divorce pursuant to Section 3301(c) of the Divorce Code, or in the alternative, that the
Court to enter a decree of divorce pursuant to Section 3301 (d) of the Divorce Code.
Date: August 27th, 2009 Respectfully Submitted,
/obert C. Altenburg, squire,
10 Scarsdale Dr.
Camp Hill, PA 17011
(717) 574-2392
I.D. No. 209540
Plaintiff.
Robert Altenburg, )
Plaintiff )
VS. )
Dyran Altenburg, )
Defendant )
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Docket No.
CIVIL ACTION - DIVORCE
VERIFICATION
I, ROBERT ALTENBURG, hereby verify that the statements made in the foregoing
Complaint in Divorce are true and correct to the best of my knowledge, information, and
belief. I also understand that false statements made herein are subject to penalties of 18
Pa. C.S.A Section 4904, relating to unsworn falsification to authorities.
Date: August 27th, 2009
R bert C. Altenburg, squire
10 Scarsdale Dr.
Camp Hill, PA 17011
(717) 574-2392
I.D. No. 209540
Plaintiff.
Robert Altenburg, )
Plaintiff )
vs. )
Dyran Altenburg, )
Defendant )
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Docket No.
CIVIL ACTION - DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this 27th day of August, 2009, I Robert Altenburg, hereby certify that I
have this day served a copy if the Complaint in the above captioned matter, by personal
service on the following:
DYRAN ALTENBURG
411 Brian Ct.
Mechanicsburg, PA 17055
Robert C. Altenburg, Esquire
10 Scarsdale Dr.
Camp Hill, PA 17011
(717) 574-2392
I.D. No. 209540
Plaintiff.
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Ci THE ;L'ITARY
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1009 A,UG 27 AN 11: ? 1
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Robert C. Altenburg, ) IN THE COURT OF COMMON PLEAS
Plaintiff, ) OF CUMBERLAND COUNTY, PENNSYLVANIA
vs. )
Dyran E. Altenburg, ) Docket No.: 09-5874 Civil Term ~
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Defendant. ) CIVIL ACTION -DIVORCE ~ ~
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AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE ~=~ 3
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1. A COMPLAINT FOR DIVORCE under § 3301(c) of the Divorce Code was fr~n ~ -~-~
the 27th day of August, 2009. -~-~
2. The marriage between Plaintiff and Defendant is irretrievably broken and ninety days ``'
have elapsed since the filing of the complaint.
3. I consent to the entry of a final decree of divorce without notice.
4. 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 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.
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Signed i~-- Date
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF ~~ } ss.
On this, the ~ day of __~~, 20 U ,before me a notary public, the
undersigned officer, personally appeared ,
known to me (or satisfactorily proven) to be the person whose nam is subscribed to the
within instrument, and acknowledged that he executed the same for the purposes therein
contained.
In witness hereof, I hereunto set my hand and official seal.
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Robert C. Altenburg,
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Plaintiff -
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Dyran E. Altenburg,
Docket No.: 09-5874 Civil Term
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Defendant. ) CIVIL ACTION -DIVORCE ~~ ~,~
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AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE ,-.~% `~~ ~`°
1. A COMPLAINT FOR DIVORCE under § 3301(c) of the Divorce Code was filed on
the 27th day of August, 2009.
2. The marriage between Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed since the filing of the complaint.
3. I consent to the entry of a final decree of divorce without notice.
4. 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 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.5. § 4904 relating to
unsworn falsification to authorities.
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Signed Date
COMMONWEALTTH OF P"E~ N~ANSYLVANIA )
COUNTY OF C'~~(,Prlp1 ) ss.
On this, the a~ day of-~j~~~' 20 ~U ,before me a notary public, the
undersigned officer, personally appeared ,
known to me (or satisfactorily proven) to be the person whose n e is subscribed to the
within instrument, and acknowledged that he executed the same for the purposes therein
contained.
In witness hereof, I hereunto set my hand and official seal.
Notary is
My Commission Expires:
COMM NW TH F PENNSY4VMIIA
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Cetlty 1. Yole-gblood, Notary PubNc
LMwyrte Sao, Ond OounlY
My CallmfeslOn Expke6 7ume 22.2014
R P~ilhsylvanl8 Assodedon Of Noterles
Robert C. Altenburg, ) IN THE COURT OF COMMON PLEAS
Plaintiff, ) OF CUMBERLAND COUNTY, PENNSYLVANIA
vs. ) ~
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Dyran E. Altenburg, ) Docket No.: 09-5874 Civil Term_
Defendant. ) CIVIL ACTION -DIVORCE ~ ~
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MARiTAI AGREEMENT =' ~'
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AGREEMENT made on this day of QC~O~ , 2010,~y
and between:
Dyran E. Altenburg (hereinafter referred to as "Wife"), who resides at 411 Brian Ct.,
Mechanicsburg, PA 17055
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Robert C. Altenburg (hereinafter referred to as "Husband"), who resides at IO Scarsdale
Dr. Camp Hill, PA 17011.
WHEREAS, we were married on the 11th day of January, 2000, in Mechanicsburg,
State of Pennsylvania, and we now mutually desire to dissolve our marriage and mutually
agree to live permanently separate and apart from each other, as if we were single;
WHEREAS, we each have exercised good faith and have made fair, accurate, and
complete disclosure to each other regarding all financial and property matters pertaining
to this marital settlement agreement;
WHEREAS, we mutually desire to settle by agreement all matters regarding our marital
affairs, personal and real property, and finances;
WHEREAS, we mutually intend this agreement to be a final disposition regarding the
marital issues addressed herein and intend that this agreement be incorporated into any
subsequent DECREE OF DIVORCE.
THEREFORE, in exchange for the mutual promises herein contained, we agree to live
separately and to divide our property and finances according to the following mutually
agreed upon terms and conditions:
1. Peaceful Sendration
Husband and Wife shall live separate and apart from each other. In addition, neither of
the parties shall molest, interfere, annoy, aggravate, disturb, or trouble the other party
under any circumstances whatsoever, regardless of where the other party may live or
reside or in whose company the other party may be.
2. Equitable Distribution of Marital Proper
(a) The Husband and Wife each represent to the other by the execution of this
agreement that each has:
(1) Detailed, complete, and personal knowledge of the extent and value of
the estate, real and personal, of the other, and of the present income of the
other; and that the Husband and Wide have each signed, sealed, executed,
acknowledged and delivered this Agreement of his or her own volition
with. full knowledge of the legal effect hereof; and
(2) Exchanged with the other inventories of all property owned or
possessed by each of them at the time of the commencement of the
divorce action identified in the premises hereof or otherwise disclosed to
each other the information required by the Divorce Code with respect to
said property.
(b) The parties have heretorfore, or will, as provided herin, equitably divide,
distribute or assignr the aforesaid property between themselves in the manner
following:
(1) Personal Property: All of the personal effects, household furniture,
and other furnishings owned or possessed by either or both of the parties
have been equitably divided or assigned between the parties by amicable
settlement without the assistance of counsel. Each party shall keep and
retain sole ownership of all assets retained by him or her, titled in his
or her name, or in his or her possession and control as of the date of
execution of this Agreement (provided that the existence and value of such
property was disclosed to the other party prior to the date of execution of
this agreement).
(2) Vehicles: Wife is awarded the 2004 Toyota Sienna and 2002 Ford
Focus and currently titled in the name of the Wife.
Husband and Wife declare that no debt was owed on said vehicles and the
time of separation. Wife will assume and pay and hold Husband harmless
from any liability incurred subsequent to that date.
Husband is awarded the 2007 Volkswagen Rabbit which is currently titled
in the name of the Husband and Wife. Wife agrees to transfer to Husband
all of her right, title, and interest in the 2007 Volkswagen Rabbit and to
execute all documents necessary in order to effect transfer of this vehicle
into Husband's name alone. Husband agrees to assume all necessary costs
and expenses for the purpose of effecting transfer of the title.
Husband will assume and pay and hold Wife harmless from any liability
for those amounts which are currently due and owing on said 2007
2
Volkswagen Rabbit and further agrees to indemnify Wife for any costs
and expenses associate with repayment of this debt.
(3) Pension/Retirement/401(,ls, Plans: Husband and Wife waive, each to
the other, any claim or interest in the pension/retirement/401(k) benefits of
the party currently has or has had in the past.
(4) eal Properiv: Husband and wife each declare that he or she has has no
rights or interest in any real property.
3. Assumption of Marital Debt
(a) Wife shall assume, pay, and keep Husband exonerated and indemnified
against and held harmless from any and all liabilities and/or expenses for the
following marital debts:
(1) USAA credit card issued in Wife's name,
(2) American Express Gold credit card,
(3) American Express Blue credit card,
(4) Discover credit card issued in Wife's name,
(5) Bank of America Visa credit card,
(6) Bank of America Amex credit card,
(7) Wells Fargo Financial Visa credit card,
(8) J.C. Penny's credit card,
(9) Macy's credit card,
(10) Walmart credit card,
(11) Dell Financial account,
(12) Lower Allen Township (ambulance bill),
(13) All other marital debts that are currently addressed and directed to the
wife as of the date of execution of this agreement.
(b) Husband shall assume, pay, and keep Wife exonerated and indemnified
against and held harmless from any and all liabilities and/or expenses for the
following marital debts:
(1) USAA credit card issued in Husband's name,
(2) Barclays Bank credit card,
(3) Discover credit card issued in Husband's name,
(4) Capital One credit card,
(5) Student loans incurred by husband,
(6) Parent PLUS student loan incurred for son, Philip A. Altenburg, during
the 2008-09 academic year,
3
(7) 2008 outstanding IR5 taxes;
(8) 2007 Volkswagen Rabbit motor vehicle loan,
(9) All other marital debts that are currently addressed and directed to the
Husband as of the date of execution of this agreement.
Husband and Wife agree that from the date of this agreement, neither shall assume any
joint debt or liability. Husband and Wife agree that each shall be individually responsible
for all debts that he or she acquires subsequent to the date of this agreement.
4. L,e~al Name
Husband and Wife agree that upon final divorce or dissolution of the marriage, Wife
shall have the right to retain her married name or shall also have the right to return to her
maiden or former name.
5. Mutual waivers
(a) All non-marital property of the parties has been set apart to its rightful owner
and the parties have equitably distributed or assigned their marital property.
Therefore, the Husband and Wife, respectively, waive all rights and claims
against any property which the other may now possess or hereafter acquires.
(b) Husband and Wife waive any rights to, and covenants with the other that
neither shall elect to, take against any Last Will and Testament of the other, or
codicil thereto. Husband and wife further waive any claims to inherit from the
estate of the other by virtue of any right of dower, curtesy, or any other manner.
(b) Husband and Wife waive, each to the other, any claim for alimony, alimony
pendent lite, or spousal support.
(c) Husband and wife waive, each to the other, any claim to counsel fees or costs
incurred in the course of litigating the instant divorce proceeding.
6. Miscellaneous
(a) This agreement sets forth the entire agreement and understanding between the
Husband and Wife relating to the settlement of martial property and finances and
supersedes all prior discussions between us. No modification of or amendment
to this agreement, nor any waiver of any rights under this agreement, will be
effective unless in writing signed by the party to be charged.
(b) This Agreement shall be executed in a number of counterparts, and each such
executed counterpart shall be deemed and original and shall constitute one and the
same agreement
(c) Husband and Wife acknowledge that each has entered into this agreement in
good faith, without any duress or undue influence. Each understands his or her
right to seek independent counsel regarding this agreement, and each has had the.
opportunity to seek independent counsel prior to signing this agreement.
4
(d) 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
(e) If any provision of this Agreement is held to be void or unenforceable, all
other provisions shall continue in full force and effect.
(f) Headings or titles of the various paragraphs of this Agreement are for
convenience and neither form a part of this Agreement nor modify, limit, or
interpret the intent of the parties.
(g) It is expressly understood and agreed by the parties that this Agreement is not
executed in consideration of divorce and that this agreement shall not be merged
in any decree that may be entered. It is further understood that this Agreement
may be submitted to the Court for approval in any divorce action pending or
hereafter initiated by either party.
(h) Husband and Wife agree that this agreement shall be governed and construed
in accordance with the laws of the Commonwealth of Pennsylvania.
5
Signed and dated this ~1 ~ da of ~~~' , 20 ~U.
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Wife Husband
Witness i ess
COMMONWEA/L~ OF PENNSYLVANIA )
COUNTY OF C.~1~1~ ) ss.
On this, the_L;~~day of~,~T~, , 20 ~U, before me a notary public, the
undersigned officer, personally appeared Dynan E. Altenburg, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument,
and acknowledged that he executed the same for the purposes therein contained.
In witness hereof, I hereunto. set my hand and official seal.
'' T~
Notary Public
My Commission Expires: COMMON NOTARIAL PEAL SYLYANIA
MICHAEL R. CARANCI. Notary Public
COMMONWE TH OF PE SYLVANIA ) My Cor~runis~slon Expires June 152014
COUNTY OF ) ss.
On this, the ~~' day o , 2010 ,before me a notary public, the
undersigned officer, personally appeared Robert C. Altenburg, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument,
and acknowledged that he executed the same for the purposes therein contained.
In witness hereof, I hereunto set my hand and official seal,
otary Public
My Commission Expires:
coMt~+tfrirEAUrI of ~NNSnvANu
rtotar~el ssu
Cathy L Younybloocl, Notary Publk
Lemoyne eoro, Cumberland County
F'lY Commts~on Expkes ]une 22, 2014
Member, aria Assodation of Notaries
Robert C. Altenburg IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
Dyran E. Altenburg
No. 09-5874 Civil Term
DIVORCE DECREE
AND NOW, it is ordered and decreed that
Robert C. Altenburg
plaintiff, and
Dyran E. Altenburg
bonds of matrimony.
defendant, are divorced from the
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
By t ourt,
Attest: J.
Pr honotary