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HomeMy WebLinkAbout04-2621 1/ IVO V. OTTO, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2004-~' CIVIL TERM ELIZABETHANN OTTO, Defendant 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 foregoing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be 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 at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 /I IVO V. OTTO, III, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, ) PENNSYL VANIA ) vs. ) CIVIL ACTION - LAW ) ) NO. 2004- .;u,~1 CIVIL TERM ELIZABETHANN OTTO, ) Defendant ) IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 2 _~_~__,_,".L_..._.._. /I IVO V. OTTO, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW ELlZABETHANN OTTO, Defendant NO. 2004- ;;..~/ IN DIVORCE CIVIL TERM COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, IVO V. OTTO, III, by his attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1, The Plaintiff is IVO V. OTTO, III, an adult individual who currently resides at 152 Lisburn Road in Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is ELlZABETHANN OTTO, an adult individual who currently resides at 2803 Sunset Court, Grantham, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Common- wealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 1 September 1989 in Carlisle, Cumberland County, Pennsylvania. 5, There have been no prior actions of divorce or annulment between the parties. 6. This marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 3 II COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE. Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. Sa el L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ~ \'2-~ \6'-\. ~~~. IVO V. OTTO, III COMMONWEALTH OF PENNSYLV ANlA DEPOARTMENT OF HEALTH VITAL RECORDS COUNTY to..~~ RECORD OF DNORCE State File Number State File Date HUSBAND NAME FIRST MIDDLE LAST DATE MONTI! DAY YEAR .=wo v. txb \ liT OF :JUh~ \~ \ '104 BIRTH RESIDENCE STREET OR R.D. CITY, BORO. OR TWP. COUNTY STATE PLACE (STATE OR FOREIGN COUNTRY) \Sci Lv.:bunne.oad CtLtOiclL tunur. .po.. OF ~ BIRTH NUMBER OF nus MARRIAGE "2 RACE WHITE BLACK '>'!::><- OTHER (SPECIFY) USUSAL OCCUPATION A7i&..tJ~'1 \.01(\\ k- WIFE FIRST MIDDLE LAST 811 lUx*' ~(\ ~ STREET OR R.D. CITY. BORD. OR TWP. COUNTY STATE S\lp.~ Coottr GAAiW\M\ c..ujV\~ pA DATE OF BIRTH MONTH DAY Y~~ MAIDEN NAME RESIDENCE ~\\ d~ CST ATE OR fOREIGN COUNTRY) Pk t.Bo1 PLACE OF BIRTH NUMBER OFTIDS MARRIAGE 1- RACE WJllTE Y--~ USUSAL OCCUPATION BLACK OTHER (SPECIFY) tJut€.s~ ~ ~l::GE ~ PLAINTIFF HUSBAND WIFE ~ DAY YEAR PLACE OF TIDS MARRlAGE COUNTY ~. a (STATE OR FOREIGN COUNTRY) ffi- \geA NUMBER OF CHILDREN THIS MARRIAGE NUMBER OF DEPENDENT CHlLDREN UNDER (8 DECREE GRANTED TO HUSBAND WIFE >'><... NUMBER OF HUSBAND WIFE SPLIT CUSTODY OTHER (SPECIFY) CHILDREN TO CUSTODY OF LEGAL GROUNDS FOR DIVORCE OR ANNULMENT 3301 (D) DIVORCE CODE DATE OF DECREE MONTH DAY YEAR DATE REPORT SENT MONTH DAY YEAR TO VIrAL RECORDS SIGNA TORE OF TRANSCRIBING CLERK ~vo E::\\2abeTY\ fV\n \/8 <-.\4 \16 4'-\ L.\9;;}Y oC6f1o DIVORCE INFORMATION SHEET PURSUANT TO ACT 2001-82, VITAL STATISTIC FORMS ARE NOT REQUIRED BY THE STATE EFFECTNE JANUARY 1,2002. THE PROTHONOTARY IS REQUESTING THIS INFORMATION IN LIEU OF THE VITAL STATISTICS FORM. PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE. DOCKET NUMBER: DATE OF MARRIAGE: ~t-. \, \QCO<:1 {"J~ ~ \ ~ - (~ ~ CJ't ':..! \Y ~ -:6 V <><;J) fC- ~ ,- -'.. -- , . "8 ".:'. .,. ~ l ...: ". '. ~ .11 IVO V OTTO. III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW ElizabethAnn OTTO, Defendant NO. 2004-2621 CIVIL TERM IN DIVORCE PLAINTIFF'S PETITION FOR EXCLUSIVE POSSESSION AND NOW comes the above-named Plaintiff. by his attorney. Samuel L Andes. and files the following Petition for Exclusive Possession of his residence at 152 Lisburn Road in Carlisle, Cumberland County, Pennsylvania, based upon the following I. The Petitioner herein is the Plaintiff in this matter. The Respondent herein is the Defendant in this matter 2. Plaintiff has previously filed a divorce action in this matter 3. The parties settled all of the economic claims in their divorce action by the Marital Settlement Agreement dated 21 April 2004, a copy of which is attached hereto and marked as Exhibit A. 4. Plaintiff has well and truly performed his obligations under the Marital Settlement Agreement specifically: A. He has paid Defendant the sum of $207,34570 in accordance with Paragraph 2 of the Agreement; and B. He has taken all necessary steps to transfer to Defendant's individual retirement account. the balance in his Charles Schwab in(jividual retirement account. in accordance with Paragraph 2 of the Agreement; and C He has commenced payments of the alimony to Defendant in accordance with Paragraph 3 of the Agreement. and D. He has made other payments and taken other actions as required by the Agreement and has now performed his obligations thereunder 5. The Marital Settlement Agreement of the parties contemplated that. upon Plaintiffs payments to Defendant and Defendant's acquisition of a new residence, Defendant would move from Plaintiffs home at 152 Lisburn Road in Carlisle, Cumberland County. Pennsylvania. and reside in the new home she was to purchase /I I' 6. Defendant has purchased a home at 2803 Sunset Court in Grantham. Cumberland County, Pennsylvania, and has furnished that home with items of tangible personal property she removed from the home at 152 Lisburn Road where the parties previously resided together 7. The residence at 152 Lisburn Road is in Plaintiffs name alone and has always been so titled. Plaintiff owned that residence prior to the date of marriage to Defendant and it represents his non- marital property. 8. Despite repeated requests by Plaintiff, Defendant has refused to fully vacate his residence at 152 Lisburn Road and continues to come to and stay at the residence as she chooses. 9. Plaintiff believes that Defendant refuses to fully vacate and move from the residence at '52 Lisburn Road in an effort to frustrate the purposes of the Marital Settlement Agreement signed by the parties and in an effort to modify the terms of the custody of the parties children to which they previously agreed 10 Plaintiff. who has performed his obligations under the Marital Settlement Agreement. is entitled to the benefits given him by that Agreement and to hilVe that Agreement enforced against Defendant I I. Defendant's actions in refusing to fully vacate and move from the residence at '52 Lisburn Road are taken in bad faith. WHEREFORE, Plaintiff prays this court to award him exclusive possession of his residence at 152 Lisburn Road in Carlisle, Cumberland County. Pennsylvania, and to exclude the Defendant from that residence. ~~~~ Attorney for Plaintiff Supreme Court 10 # '7225 525 North 12th Street Lemoyne, Pa '7043 17' 7) 761-5361 II I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. CS. 4904 (unsworn falsification to authorities) Date b \\l.\\~'-\ I ~ IVO V ana. III II EXHIBIT A C;U;;le:rtCutrFileIlVOIWRlTE\MARlT AL. WPD MARITAL SETTLEMENT AGREEMENT or This Agreement, made this Z \ S day of April, 2004, by and between Ivo V. Otto III of, 152 LisburnRoad, Carlisle, Pennsylvania, (hereinafterreferred to as "Husband") and ElizabethAnn Otto of 152 Lisbum Road, Carlisle, Pennsylvania (hereinafter referred to as "Wife"). WHEREAS, the parties hereto are Husband and Wife, having been married on September 1,1989 in Cumberland County Pennsylvania and are the parents of Alexandra Elizabeth Otto and Ivo V. Otto IV; and WHEREAS, difficulties have arisen between the parties as a result of which they now desire to live separate and apart and by this Agreement, to settle all financial and property rights between them; and WHEREAS, this Agreement is being made in contemplation of a divorce action to be filed as provided herein; and WHEREAS, each party hereby confirms that he or she has read carefully and fully understands the terms, conditions and provisions of this Agreement and believes same to be fair,just, adequate and reasonable under the existing facts and circumstances:. The parties further declare that each is executing the Agreement freely and voluntarily, and not as a result of any fraud, coercion, duress, undue influence or collusion; and WHEREAS, Husband and Wife are satisfied that they understand the value and extent of all property which would be considered "marital property" under the Permsylvania Divorce Reform Act, whether titled or owned separately or jointly as well as the value and extent of nonmarital property held 01' expected to be held by each other. NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth herein and intending to be legally bound hereby, the parties hereto do hereby agree as follows: I. SEPARATION: were unmarried, Husband and Wife shall be free from constraint or control by the other as fully as ifhe or she Page I of 8 Pages Except as stated below, the parties have heretofore divided all property, both real and personal, which they owned either together or separately and such division and apportionment is hereby confinned. Wife acknowledges the receipt of the sum of $ I 7,345.70 heretofore paid to her by Husband. In addition, Husband shall pay to Wife the sum of$190,000.00 as follows: On or about May 6, 2004, Husband shall pay to Wife a sum sufficient to allow her to complete the acquisition of a residence in Grantham, Pennsylvania, which sum is estimated to be $ I 53,000.00, with the remainder of such $ I 90,000.00 shall be paid to Wife within 5 business days of the completion of the refinancing referred to below. In addition, Husband shall pay to Wife the sum of$5,000.00 on or before January 20,2005. Further, Husband shall cause his IRA Account #7124..5579 at Charles Schwab (current value approximately $120,000.00) to be distributed to an IRA A<ccount owned by Wife as soon as possible. Pending such transfer, Husband shall make no withdrawals from such account, and shall maintain the investments therein in a prudent fashion. Wife shall cooperate with Husband with respect to a refinancing of Husband's real estate located at 152 Lisburn Road, on or about May 24, 2004, by acting as a co-obligor thereon to the extent of $285,700.00. Husband shall be solely responsible for such debt, and, shall likewise be solely responsible for a certain home equity line of credit secured by such property. Husband shall cause Wife to be released from all liability under such obligations as soon as possible after the finalization of their divorce. Husband shall further be solely responsible for Wife's CitiBank Visa balance through the date hereof in the amount of$525 .00, Wife's moving expenses in an amount not to exceed $ I ,000.00 and any and all other bills, obligations or other debts not listed specificaIly herein not incurred solely by Wife. Except as provided above, both parties agree that neither shall charge to the other any purchase or purchases which either of them may hereafter make and shaIl not hereafter create any debts or obligations in the name of or against each other. Except as specifically provided herein, each agrees to hold the other free and harmless from any and all debts and other obligations which 2. DIVISION OF PROPERTYIMARITAL DEBTS: Page 2 of 8 Pages he or she may have incurred or will incur, and agrees to indemnity and defend the other party from any claim regarding Same. 3. SUPPORT/ALIMONY: Husband will pay to Wife, as nonmodifiable support, the sum of$2,000.00 each and every month beginning May 15, 2004, payable on the same day of each month until December 15, 2004. In addition, Husband will pay to Wife, as alimony, the sum of $2,000.00 each and every month beginning January 15, 2005, payable on the same day of each month until December 15, 2006. Except as otherwise provided herein, both parties hereby waive, release and give up any rights which either may have against the other to receive spousal support, alimony, alimony pendente lite, or expenses. Except as otherwise provided herein, after the date hereofit shall be the sole responsibility of each party to sustain himself or herself without seeking any economic support from the other. The parties acknowledge that the provisions herein relating to support are interdependent with the provisions relating to property distribution and payment of debt, and that Wife will necessarily rely upon receipt of the assets and debt payments in order to maintain a reasonable standard of living. Moreover, it is acknowledged that failure to receive the assets distributable to Wife pursuant to this Agreement or failure of Husband to make the required payments will seriously impair Wife's ability to meet her reasonable needs and that the support payments would have been significantly higher but for the reliance of Wife upon receipt of the assets and payment of debt by Husband. 4. CUSTODY OF CHILDREN: The parties hereby agree to share legal custody of their children. All decisions affecting the children's growth and development, including, but not limited to: choice of day care provider; medical and dental treatment; education, both secular and religious; disciplinary matters of a substantial nature; athletic pursuits and extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children' best interest. Page 3 of 8 Pages Each party agrees to keep the other informed of the progress of the children' education and social adjustments. Each party agrees not to impair the other party's right to share legal custody of the children. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of the children. While in the presence of the children, neither parent shall make or permit any other person to make any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children shall respect and love. It shall be the obligation of each parent to make the children available to the other during the respective periods of physical custody and to encourage the children to participate in the physical custody schedule. Each parent shall have the duty to notify the other of ,my event or activity that could reasonably be expected to be of significant concern to the other parent. The parties shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule which may, from time to time, become necessary and shall specifically not use the children as messengers. Furthermore, neither parent shall discuss with the children any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter with the other parent. With regard to any emergency decisions which must be made, the parent with whom the child/children is/are physically residing at the time shall be pelmitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, the parent shall inform the other of the emergency and consult with himlher as soon as possible. Day to day decisions of a routine nature will be the responsibility of the parent having physical custody at the time. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents Page 4 of 8 Pages include, but are not limited to, medical reports, academic and s,;hool report cards, birth certificates, etc. Both parents may and are encouraged to attend school conlerences and activities. Wife's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notitied regarding school events. However, it will be Husband's primary responsibility to provide Wife with copies of report cards and all notitications of school conferences and events. Neither parent shaH schedule activities or appointments lbrthe children which would require her attendance or participation at said activity or appointment during a time when she is scheduled to be in the physical custody of the other parent without that parent's expressed prior approval. The parents shall share physical custody of the children. The children's legal residence shall be 152 Lisburn Road, Carlisle, P A. The parties shall share physical custody according to a schedule to be agreed upon by the parties and which shall be consistent with the best interests and welfare of the children. Both parties recognize and acknowledge the importance of maintaining a close and warm relationship with their children, and to that end, each party will encourage the children to attend each parties' respective periods of physical custody. Each party agrees not to impair the other's right to shared legal or physical custody of the children. 5, INSURANCES: Husband shaH continue to provide medical insurance coverage for the children such as is presently maintained by him through his employer. Husband, at his own expense, shaH continue to provide medical insurance coverage for Wife such as is presently maintained by him through his employer, until December 3 I, 2004. Thereafter, Wife shall be responsible for her own medical expenses. Husband, at his own expense, shaH continue to provide automobile insurance coverage for Wife such as is presently maintained by him, until December 3 I, 2004. Thereafter, Wife shall be responsible for her own automobile insurance. 6. TAX. RETURNS: The parties agree that they will file joint income tax returns for the year 2004. To the extent that Wife earns taxable income during such period, she will cause appropriate withholding of such Page 5 of 8 Pages taxes on the basis of a single exemption. Husband shall be responsible for the payment of all other income tax liabilities for the year 2004. 7. RELEASE: Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted or suffered to be done by said other party prior to and including the date hereof; further, the parties acknowledge that all rights under the Pennsylvania Divorce Code that are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shaIl in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shaH in no way affect any causes of action in absolute divorce which either party may have against the other. 8. DIVORCE: Both parties agree to pursue a no-fault divorce under Section 3301(c) of the Pennsylvania Divorce Code and, in connection therewith, to execute and acknowJedge whatever consents or other documents that are necessary to accomplish this in (but not before) January, 2005. The terms of this Agreement shaH be incorporated but not merged into any Divorce Decree which may be entered with respect to the parties, and the court shaH retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions hereof 9. EXECUTION OF DOCUMENTS: The parties agree to execute all documents that are reasonably necessary to effectuate the pUrpose of this Agreement. In the event that either party shaH n~fuse or fail to execute and/or acknowledge any such document, then the other party shaH have, and is hereby granted, the right and Page 6 of 8 Pages power to appoint one or more times any person or persons of his or her choosing as attorney-in-fact for the other party to so execute and acknowledge such documents. 10. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which is or has been acquired by him or her after the date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. I I. ADDRESS AND TELEPHONE NI1MID~R OF PARTIES: As long as any obligations remain to be performed pwrsuant to the provisions of this Agreement, each party shall have the affirmative obligation to keep the other informed of his or her residence address and telephone number, and shall promptly notifY the other in writing of any change of address by giving the new residence address and telephone number. 12. MISCELLANEOUS: A. This Agreement constitutes the entire agreement between the parties, being the final and complete settlement of all matters between them and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understandings, oral or written, between and among the parties hereto relating to the subject matter of this Agreement which are not fully expressed herein. B. This Agreement may not be amended, modified, altered or revoked except in writing executed by both the parties hereto. C. This Agreement shall be binding upon the parties hereto, their heirs, executors, administrators and assigns. D. This Agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania in effect as of the execution date of this Agreement. E. Jurisdiction over the parties with regard to any matter Covered by this Agreement shall be in Cumberland County, Pennsylvania. Page 7 of 8 Pages F. The failure to strictly enforce any part of this Agreement shall not be deemed a waiver thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any other part of this Agreement. G. All payments or communications pertaining to matters provided for in this Agreement may be made or given if delivered or mailed to a party, at such address as either party shall designate to the other in writing from time to time, or, ifno such designation is made, then to the address as set forth above. H. The term of this Agreement shall continue indefinitely from the effective date hereof IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written, intending to be legally bound hereby. Witness:>" 7"J -f r f\ (I 01\/ . '-ttl:>tYr. (/~),l'0' '}fO \ (\"\ (,(~\ \::~.\) l,~ - Elizabeth A Page 8 of 8 Pages (') "" 0 c~;;, c: I:.',:':) -q ,,' oL- ~.1 {'; <- :;; r.. C.: n'i ." ;;;'.'~ i:':::: ~n iTl i'::'l ....., ~:~5-:'\ 2":~ ) ....'1 - , ) , -, in c- t',F -< --J '< II IVO V OTTO. III. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ,"ENNSYL VANIA vs. CIVIL ACTION - LAW 1\10. 2004-2621 CIVIL TERM ElizabethAnn OTTO, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I hereby enter my appearance for the Defendant. Elizat)ethAnn Otto, in the above-captioned action I acknowledge receipt of a true and correct copy of the Complaint in Divorce fried in the above action on behalf of the Defendant Date:~ 0'_: r"'" :s ~.>"(-- );: ?"~.' (') s::; -,.,-.. d<;;. '""I >'" __.f ..< <;? N 0'.) ....., = = ....- (- c::: =::,: o "" :II n;:!J r- :8 rTj 86 :.,..t-=n \,J--- 'ZC" c5rrl ~~ '~< ....., ;:1:::'1' .....,r.. - !VO V OTTO. '". Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION ~ LAW NO. 2004-2621 CIVIL TERM ElizabethAnn OTTO. Defendant IN DIVORCE ORDER OF ~OURT AND NOW this ~l>4- day of -..;L)~ . 2004. upon consideration of the attached Petition for Exclusive Possession. a Rule is hereby issued upon the Defendant. to show cause, if any she has. why Plaintiff should not be awarded exclusive possession of the residence at I 52 Lisburn Road in Carlisle. Cumberland County. Pennsylvania. The Rule shall be served upon Defendant's counsel of record, if an attorney has entered his or her appearance for the Defendant or. in the absence of an attorney of record. upon the Defendant herself The Rule shall be returnable ~ days from the date of service. BY THE COUI5T. /' ( Distribution ~muel L. Andes, Esquiure (Attorney for Plaintiff) 525 North 12th Street. Lemoyne. PA 17043 /EllzabethAnn Otto (Defendant))- 2803 Sunset Court. Grantham. PA Plaintiff ) ) ) ) ) ) ) ) ) IN THE COURT OF COMM N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI CIVIL ACTION - LAW IVO V. OTTO, III, NO. 2004-2621 CIVIL TE vs. ElizabethAnn OTTO, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was file on 10 June 2004 and served upon the Defendant on or about 14 June 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety ( ) days have elapsed from the date of filing of the complaint and the date of service of the co the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a N ice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of I tention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understa d that the Court maintains a list of marriage counselors and that I may request the Court to req ire my spouse and I to participate in counseling and. being so advised, do not request that t e Court require that my spouse and I participate in counseling prior to the divorce becoming fi al. I verify that the statements made in this Affidavit are true and correct and I un rstand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 490 relating to unsworn falsification to authorities. (] t!L..",J;~ IS .:? c' cJ '7' Date IVO V. OTTO, III Plaintiff IN THE COURT OF COM ON PLEAS OF CUMBERLAN COUNTY, PENNSYLVAN A IVO V. OTTO, III, vs. CIVIL ACTION - LAW NO. 2004-2621 CIVIL T RM ElizabethAnn OTTO, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code w s filed on 10 June 2004 and served upon the Defendant on or about 14 June 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and nin y (90) days have elapsed from the date of filing of the complaint and the date of service of t e complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service 0 a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Noti e of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and und stand that the Court maintains a list of marriage counselors and that I may request the Cou t to require my spouse and I to participate in counseling and, being so advised, do not reque t that the Court require that my spouse and I participate in counseling prior to the divorce ecoming final. I verify that the statements made in this Affidavit are true and correct an understand that false statements herein are made subject to the penalties of 18 a. C.S. Section 4904 relating to unsworn falsification to authorities. /.9. - 9 - ()Lf Date ~1/l)hL J1Q,,~O).k ElizabethAnn OTTO Plaintiff ) IN THE COURT OF COM ON ) PLEAS OF CUMBERLAN ) COUNTY, PENNSYLVANI ) ) CIVIL ACTION - LAW ) ) NO. 2004-2621 CIVIL TE M ) ) IN DIVORCE IVO V. OTTO, III. vs. ElizabethAnn OTTO, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 C OF THE DIVORCE CO E 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property lawyer's fees. or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by he court and that a copy of the decree will be sent to me immediately after it is filed with the P othonotary. I verify that the statements made in this Waiver are true and correct. I unders and that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 rela ng to unsworn falsification to authorities. (j CUl<...!./'V /0' 2cJIJ 'I Date . 'UJ~ IVO V. OTTO, III IVO V. OTTO, III, Plaintiff IN THE COURT OF COM ON PLEAS OF CUMBERLAN[ COUNTY, PENNSYLVAN A vs. CIVIL ACTION - LAW NO. 2004-2621 CIVIL T RM ElizabethAnn OTTO, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 ICI OF THE DIVORCE CC DE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of pro erty, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entere by the court and that a copy of the decree will be sent to me immediately after it is file with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I un erstand that false statements herein are subject to the penalties of 18 Pa. C.S. Section ~ 904 relating to unsworn falsification to authorities. /A-1-0tf Date 1\ILJ~ir1~MU ik- ElizabethAnn OTTO Plaintiff IN THE COURT OF COMM PLEAS OF CUMBERLAND PENNSYLVANIA N UNTY, IVO V. OTTO, III, vs. CIVIL ACTION - LAW NO. 2004,2621 CIVIL TE M ElizabethAnn OTTO, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for e ry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the Complaint: Acce tance of Service filed counsel indicatinq service on or about 14 June 2004. Plaintiff's 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3 01 (c) of the Divorce Code: By Plaintiff: 15 December 2004 By Defendant: l! December 2004 (b) 11) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affi avit upon the Respondent: 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: (b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was fil d with the Prothonotary: Dated 15 December 2004 and filed contemporaneous Iv herewith. Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was iled with the Prothonotary: Dated 9 December 2004 and filed contemooraneouslv herewith. Date: 17 December 2004 Samuel L. Andes Attorney for Plaintiff B ?~+~~+~~~+~~~~~~+~+~~+~++++++++++~++~~++~+~+++ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~++++++++++~~~++~+++++++++++~+++++~+++++++++ ~~~+++ ~++~~ ++~~~++++ +++++~+~ . . . . . . . . . . . . . . . . . . . Ci il Term' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +++~~+~+~+~~+~+++++++++~++++++++~ IN THE COURT OF COMMON PLEA OFCUMBERLANDCOUNTY . STATE OF PENNA. IVO V. III, OTTO, Plaintiff No. 2004-.<621 VERSUS ElizabethAnn OTTO, Defendant DECREE IN DIVORCE AND NOW, '-'~ """t..' 2004 , IT IS ORDERE DECREED THAT IVO V. OTTO, III ElizabethAnn OTTO AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, , DEFENDAN , THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHIC YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER H None " ,/' By Ti;lE COURT: .(/ ... "'f / , ~ -- PROTHON AND HAVE S NOT TARY J. M~ W' "i ~ ~r/t, y;lS!- el o/r17 ~ ~ 1"/1-"' kM .pT? fitJ "'cc t:i <...,.