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Home My WebLink About04-6293 JAMES L. DARHOWER, JR. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. . . : NO. D4 ~ ~ J- q j KATHI L. DARHOWER, Defendant : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY 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 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, Carlisle, Pennsylvania. 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 LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE P A 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVEESTADEMANDAA UN ABOGADOIMMEDIATAMENTE. SINOTIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO. VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE P A 17013 (717) 249-3166 JAMES L. DARHOWER, JR. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. KATHI L. DARHOWER, Defendant : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY COMPLAINT FOR DIVORCE UNDER SECTION 3301(C)OR (D) OF THE DIVORCE CODE AND FOR CUSTODY AND NOW, comes the above-named Plaintiff, James L. Darhower, Jr., by his attorney, Mark A. Mateya, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant upon the grounds hereinafter more fully set forth as well as full custody of SAMANTHA DARHOWER, and PAIGE DARHOWER. DIVORCE UNDER SECTION 3301( C) OF THE DIVORCE CODE 1. Plaintiff is JAMES L. DARHOWER, JR., an adult individual who currently resides at 107 Front Street, P.O. Box 225, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. All legal papers may be served on Plaintiff by service on her Attorney, Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, Pennsylvania 17007. 3. Defendant is KATHI L. DARHOWER, an adult individual who currently resides at 1028 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 4. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on August 17, 1985 in Boiling Springs, Pennsylvania. 6. There have been no prior actions of divorce or for annulment of marriage between the Parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. 8. Neither the Plaintiff nor the Defendant are members of the armed services of the United States or any of its allies. 9. 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. 10. Plaintiff requests the Court to enter a Decree of Divorce. COMPLAINT FOR CUSTODY 11. Paragraphs 1 through 10 above are incorporated herein by reference as if set forth completely herein. 12. Plaintiff seeks full custody of Samantha Darhower, born July 28, 1988, and Paige Darhower, born December 31,1991, who currently reside at 107 Front Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 13. The children Samantha Darhower and Paige Darhower were born in wedlock. 14. The children are presently in the custody of Plaintiff, James L. Darhower, Jr., at 107 Front Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 15. During the past five years the children have resided with the following persons at the following addresses: A. At 107 Front Street, Boiling Springs, Cumberland County, Pennsylvania with James L. Darhower, Jr., and Kathi L. Darhower. B. At 107 Front Street, Boiling Springs Cumberland County, Pennsylvania with James L. Darhower, Jr., and his mother, Anita Darhower. 16. The father of the children, James L. Darhower, Jr., is currently residing at 107 Front Street, Boiling Springs, Cumberland County, Pennsylvania, and he is married. 17. The Mother ofthe children, Kathi L. Darhower, is currently residing at 1028 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania, and she is married. 18. The relationship of the Plaintiff to Samantha Darhower and Paige Darhower is that of natural father. 19. The relationship ofthe Defendant to the Samantha Darhower and Paige Darhower is that of natural mother. 20. The Plaintiffhas not participated as a party or a witness, or in any other capacity, in other litigation concerning the custody of the children in this or another Court. 21. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth or any other state. 22. Plaintiff does not know of a person not a party to this custody proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 23. The best interests and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff is the father of the children. b. Defendant is presently dating a person who is believed to be a convicted pedofile. c. Plaintiff is presently seeking a divorce. d. Plaintiff has been the caregiver of the children since their birth. e. Plaintiff can continue to provide a stable home for the children. WHEREFORE, the Plaintiff requests this Honorable Court to grant temporary custody of the children to Plaintiff pending a custody conciliation. Respectfully submitted, r ~~~ ,~ Mark A. Mat~ya r Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 Dated: ([/1 (~{ D~ Attorney for Plaintiff VERIFICATION I, JAMES L. DARHOWER, JR., verify that the facts set forth in the foregoing Complaint for Divorce and Custody are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. DATED: /:2./13)04 ~i~~;r f4.r ......., (") (",':> ......J ''1'1 (:) .L- :~ 7V 9v ~ r'l ~ '-l :a !.'j jt:. ~ C) () () ()') -.. ~ (> C> 8 -0 ~ C> I -". "'t>. ( " - I I .... I c.'? 'I t .~-C1 p:>~ .. ~,-<~ CCl 'l $J JAMES L. DARHOWER, JR. Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04-6293 KATHI L. DARHOWER, Defendant/Respondent : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF FOR TEMPORARY FULL CUSTODY 1. Petitioner is James L. Darhower, Jr., Father ofthe children Samantha Darhower and Paige Darhower and Plaintiff in the above-captioned matter. Petitioner currently resides at 107 Front Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Respondent is Kathi L. Darhower, mother of the children, Samantha Darhower and Paige Darhower, and Defendant in the above-captioned matter; Respondent currently resides at 3115 Rittner Highway, Newville, Cumberland County, Pennsylvania 17241. 3. The children, Samantha Darhower, born July 28, 1988 is sixteen (16) years of age, and Paige Darhower, born December 31, 1991 is thirteen (13) years of age and presently resides with Petitioner at 107 Front Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 4. This matter was initiated by the filing of a Complaint for Divorce and Custody with this Honorable Court on or about December 15, 2004. A Custody Conciliation is presently scheduled for Thursday, January 20,2005. 10. PetitIoner oellevt::s WIU LH"'~"'~'"" -. --- -- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCtET Docket Number: CP-21-CR-0000918-1993 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Delbert Allen Pettit Page 1 of 10 Judge Assigned: OTN: E2122934 Initial Issuing Authority: Case Local Number Tvpe(s) Legacy Docket Number CASElNFo8MATteN Date Filed: OS/25/1993 Lower Court Docket No: 1993-918 Final Issuing Authority: Paula p, Correal Case Local Number(s) 1993-918 STA1'Q8:WORIIAlIOH Case Status: Processing Status: Adjudicated Migrated Case Case Next Events DEFENDANT INFORMATION Year Of Birth: City/State/Zip Harriburg, PA 17101 CASE PARTICIPANTS Participant Tvpe Defendant Name Pettit, Delbert Allen (Pro Se) BAtLINFORIJA:T1ON Delbert Allen Pettit Bail Action Date Bail Type Amount Bail Postina Status Postina Date Set 03/26/1993 Monetary $ 3,000.00 Posted OS/25/1993 A TRUE COpy FROM RECORD In Testimony whereof, I here unto set my hand and the seal of saidfourt at Carlisle, p~ r- This-L)i~f Il~JL1E2 f1fYJ J.J Clerk of the Court , I Cumberland County AUI-'~ \lUll:': - Kev Ul/U<l/:':UUo Pnnteo: 01/03/2000 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~DOOI(ET ' Docket Number: CP-21-CR-0000918-1993 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Delbert Allen Pettit Page 2 of 10 CHAR$ES, 1 F1 2 M1 18 i 3123 iiA1 IDSI Forcible Compulsion 18 i 6301 iiA2 Corruption Of Minors Plea Disposition OTN Offense Date Guilty 03/08/1993 Guilty 03/08/1993 Sequence Grade Section/ Description Statute Description COMMONWEAlTH INfi0RllA1tON. ..,.~~, '". '"",.., "' .,~~., I.....~r.....:, AUI"\'; ~Ut:l:.! - Kev Ul/U~/:.!UUo I"nnted: 01/03/2005 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY "~'" ,~.;:'-" :1 Docket Number: CP-21-CR-0000918-1993 CRIMINAL DOCKET ~' , '.........', ; ,Jj. I ~'_~,' ~ . .r "',. 't M Ill;'-\' "~ ~~(~~<"'~':'i '.~...., . .... ""'l.~1 ~ ...-.......(~"... ~.,; ,,'.""" ';;' Court Case Commonwealth of Pennsylvania v. Delbert Allen Pettit Page 3 of 10 ':,,:.t:'lmES Document Number Filed Bv 1 Filed Date Title/Entry/Comments Service Tvoe Service To 12/14/1993 ORDER OF COURT, FILED 12/13/93 GRAN ORDER OF COURT, FILED 12/13/93 GRANTING DEF REQUEST. KAH Migrated Filer 1 01/11/1994 MOTION TO SUPPRESS EVIDENCE, FILED. MOTION TO SUPPRESS EVIDENCE, FILED. Migrated Filer 1 01/13/1994 ORDER OF COURT, FILED. 1-12-94 HEAR ORDER OF COURT, FILED. 1-12-94 HEARING ON MOTION TO SUPPRESS EVIDENCE IS SET FOR FRIDAY, 1-14-94 AT 9:30 A.M, CTRM 4. KEVIN A. HESS, J, Migrated Filer 2 01/13/1994 ORDER OF COURT, FILED. 1/12/94 AMME ORDER OF COURT, FILED. 1/12/94 AMMENDMENT OF 12/13/93 ORDER. COUNSEL FOR BOTH PARTIES TO APPEAR 1/14/94 TO COORDINATE ACCESS TO CCCYS. ORDERED BY KEVIN A HESS, J. Migrated Filer 1 01/14/1994 ORDER OF COURT, FILED. 1/14/94 DEFE ORDER OF COURT, FILED. 1/14/94 DEFENDENTS MOTION TO SUPPRESS EVIDENCE IS DENIED. ORDERED BY KEVIN A. HESS, J. Migrated Filer 1 01/19/1994 MOTION FOR DISMISSAL, FILED. MOTION FOR DISMISSAL, FILED. Migrated Filer 1 02/01/1994 VERDICT, FILED. JURY TRIAL, 1-31-94 VERDICT, FILED. JURY TRIAL, 1-31-94,2-1-94, JUDGE BAYLEY, CTRM 2, GUILTY CTS A AND B, 13 JURORS Migrated Filer 2 02/01/1994 Migrated Disposition Migrated Automatic Registry Entry (Disposition) Text Migrated Filer AUI-'\"; l:lUl:l2 - Kev Ul/U::l/2UUO t>nnteo: 01/03/2005 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ,~ Docket Number: CP-21-CR-0000918-1993 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Delbert Allen Pettit Page 5 of 10 2 05/11/1994 ORDER OF COURT, FILED. 5-11-94 RULE ORDER OF COURT, FILED. 5-11-94 RULE ISSUED ON DA TO SHOW CAUSE WHY POST TRIAL MOTIONS SHOULD NOT BE HEARD NUNC PRO TUNC. RETURNABLE 5-24-94 AT 10:30 AM, CTRM 2. EDGAR B. BAYLEY, J. SERVICE ACCEPTED SHELLY DEITCH, DA'S OFFICE,5-11-94 Migrated Filer 05/12/1994 COMMONWEALTH'S ANSWER TO POST -SENTE COMMONWEALTH'S ANSWER TO POST-SENTENCE MOTION, FILED. Migrated Filer 05/16/1994 MOTION FOR POST CONVICTION COLLATER MOTION FOR POST CONVICTION COLLATERAL RELIEF, FILED BY DEFENDANT. Migrated Filer 1 05/18/1994 ORDER OF COURT, FILED. 5/17/94. PUB ORDER OF COURT, FILED. 5/17/94, PUBLIC DEFENDER IS APPOINTED TO REPRESENT DEF, ON HIS POST-CONVICTION RELIEF, ORDERED BY EDGAR B BAYLEY, J. Migrated Filer OS/25/1994 ORDER OF COURT, FILED. 5/24/94, TRI ORDER OF COURT, FILED. 5/24/94, TRIAL TRANSCRIPT ORDERED TO BE TRANSCRIBED. ORDERED BY EDGAR B BAYLEY, J . Migrated Filer 2 OS/25/1994 ORDER OF COURT, FILED. 5/24/94, IN ORDER OF COURT, FILED. 5/24/94, IN RE: MOTION TO FILE FOR POST- SENTENCE RELIEF NUNC PRO TUNC, MOTION IS DENIED. ORDERED BY EDGAR B BAYLEY, J. Migrated Filer 1 OS/26/1994 APPOINTMENT OF COUNSEL 5/24/94, CUR APPOINTMENT OF COUNSEL 5/24/94. CURRENT COUNSEL WITHDRAWS. PUBLIC DEFENDER IS APPOINTED. ORDERED BY EDGAR B BAYLEY, J, Migrated Filer 06/01/1994 AMENDED ORDER, FILED. 6/1/94. COURT AMENDED ORDER, FILED. 6/1/94, COURT ORDER OF 5/17/94 IS AMENDED TO ALLOW PETITIONER TO FILE AN AMENDED POST-CONVICTION PETITION WITHIN 30 DAYS FOLLOWING THE FILING OF THE TRIAL TRANSCRIPT. ORDERED BY EDGAR B BAYLEY, J. Migrated Filer AUt"l; \lUl:l:l- Kev Ul/U;j/:lUUb pnnteCl: 01/03/2005 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET Docket Number: CP-21-CR-0000918-1993 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v, Delbert Allen Pettit Page 6 of 10 06/03/1994 PROCEEDINGS LODGED. 1/31/94. JURY T PROCEEDINGS LODGED. 1/31/94. JURY TRIAL PROCEEDINGS. JUDGE EDGAR B BAYLEY. COURT ROOM #2. Migrated Filer 06/08/1994 PROCEEDINGS FILED. 1/31/94. JURY TR PROCEEDINGS FILED. 1/31/94. JURY TRIAL PROCEEDINGS. JUDGE EDGAR B BAYLEY. COURT ROOM #2, Migrated Filer 1 06/15/1994 ORDER OF COURT, FILED. 6/15/94. IT ORDER OF COURT, FILED. 6/15/94. IT IS ORDERED THAT A TRANSCRIPT BE PREPARED AND FILED OF A SUPPRESSION HEARING HELD BEFORE JUDGE KEVIN A HESS ON 1/14/94. IN ADDITION, A TRANSCRIPT SHALL BE PRE- PARED AND FILED OF THE JURY VOIR DIRE AND OPENING AND CLOSING STATEMENTS OF THE D.A. AND DEFENSE ATTORNEY, ORDER OF 6/1/94 IS AMENDED TO PROVIDE THAT THE DEF. IS ALLOWED TO FILE AN AMEMDED POST-CONVICTION PROCEEDING WITHIN 30 DAYS FOLLOWING THE DATE OF THE Migrated Filer 2 06/15/1994 FILING OF THE TRANSCRIPT FILED PURS FILING OF THE TRANSCRIPT FILED PURSUANT TO THIS COURT ORDER. ORDERED BY EDGAR B BAYLEY, J. Migrated Filer 1 06/27/1994 PROCEEDINGS FILED. JANUARY 14,1994 PROCEEDINGS FILED. JANUARY 14,1994, CTRM 4, KEVIN A HESS,J. Migrated Filer 1 07/05/1994 PROCEEDINGS LODGED. 1/31/94. JURY PROCEEDINGS LODGED, 1/31/94. JURY SELECTION,OPENING STATEMENTS, AND CLOSING STATEMENTS. JUDGE EDGAR B BAYLEY, COURT ROOM #2. Migrated Filer 1 07/08/1994 PROCEEDINGS FILED. TRANSCRIPT OF PR PROCEEDINGS FILED. TRANSCRIPT OF PROCEEDINGS OF JURY SELECTION, OPENING STATEMENTS AND CLOSING STATEMENTS, 1-31-94, CTRM 2 EDGAR B. BAYLEY, J. Migrated Filer 07/26/1994 DEFENDANT'S COUNSELED SUPPLEMENT TO DEFENDANT'S COUNSELED SUPPLEMENT TO MOTION FOR POST-CONVICTION COLLATERAL RELIEF FILED Migrated Filer AUI-'l,; ~U!j;/ - Kev U1/U:$/;/UU:' I-'nnled: 01/03/2005 , , '........', / ,~~ !;',_~ ~.ll, .../~", 't .~.."" I of ,'" " .#-S'.~ .~' t\ ,.If _'C~,~, . ... ~~I ~ ........"-", .... ..,-." "", ". . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ,.'~;; Docket Number: CP-21-CR-0000918-1993 CRIMINAL DOCKET Court Case \ Commonwealth of Pennsylvania v. Delbert Allen Pettit Page 7 of 10 ---------....------------------.....-------------.........---------------------------------------------------------------------------------------------------...----------------------------- 1 07/27/1994 ORDER OF COURT, FILED. 7/26/94. IN ORDER OF COURT, FILED. 7/26/94. IN RE: DEF.'S MOTION FOR POST- CONVICTION COLLATERAL RELIEF. A HEARING IS SCHEDULED FOR 9/1/94 AT 8:45AM, ORDERED BY EDGAR B BAYLEY, J. Migrated Filer .....--...----------------........----------------.....---....------------.....---....----------......----.....-..---------.....-------.....----------------........-------....-------...---------...........----..--...------------ 1 07/28/1994 ORDER OF COURT, FILED. 7/28/94. THE ORDER OF COURT, FILED. 7/28/94. THE PCRA HEARING SCHEDULED FOR 9/1/94 AT 8:45AM IS RESCHEDULED FOR 9/6/94 AT 1 :30PM. ORDERED BY EDGAR B BAYLEY, J. Migrated Filer ...------------..........------...........-----------.....----------...-------------------..-----..--------------.....---------------------..-----------------------------------------..------------------- 1 08/18/1994 WRIT OF HABEAS CORPUS, AD PROSCEQUE WRIT OF HABEAS CORPUS, AD PROSCEQUENDUM, 8-17-94, EDGAR B. BAYLEY,J Migrated Filer -------------------------------------------------------------------------------------------------------------------------------------------------------.....----------------------- 1 09/06/1994 ORDER OF COURT, FILED. 9/2/94. THE ORDER OF COURT, FILED, 9/2/94. THE PCRA HEARING IS RESCHEDULED FOR 10/6/94, ORDERED BY EDGAR B BAYLEY, J , Migrated Filer 1 09/12/1994 WRIT OF HABEAS CORPUS, AD PROSCEQUE WRIT OF HABEAS CORPUS, AD PROSCEQUENDUM 9/9/94. FOR THE PURPOSE OF A PCRA HEARING 10/6/94, ORDERED BY EDGAR B BAYLEY, J. Migrated Filer 2 09/12/1994 ORDER OF COURT, FILED. 9/12/94. THE ORDER OF COURT, FILED. 9/12/94, THE PCRA HEARING IS RESCHEDULED FOR 10/31/94 AT 1:30PM. ORDERED BY EDGAR B BAYLEY, J. Migrated Filer 1 09/19/1994 WRIT OF HABEAS CORPUS, AD PROSCEQUE WRIT OF HABEAS CORPUS, AD PROSCEQUENDUM 9/16/94. FOR THE PURPOSE OF A PCRA HEARING 10/31/94. ORDERED BY EDGAR B BAYLEY, J. Migrated Filer 1 11/08/1994 ORDER OF COURT, FILED, 10-31-94 THE ORDER OF COURT, FILED. 10-31-94 THE SHERIFF OF CUMBERLAND COUNTY IS DIRECTED TO RETURN DEFT TO HIS PLACE OF INCARCERATION EDGAR B. BAYLEY, Migrated Filer AUI"t,; IlUll;/ - Kev Ul/U::l/;/UU:l I"nnted: 0110312005 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET Docket Number: CP-21-CR-0000918-1993 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v, Delbert Allen Pettit Page 7 of 10 07/27/1994 ORDER OF COURT, FILED. 7/26/94. IN ORDER OF COURT, FILED. 7/26/94. IN RE: DEF.'S MOTION FOR POST- CONVICTION COLLATERAL RELIEF. A HEARING IS SCHEDULED FOR 9/1/94 AT 8:45AM. ORDERED BY EDGAR B BAYLEY, J. Migrated Filer 1 07/28/1994 ORDER OF COURT, FILED, 7/28/94, THE ORDER OF COURT, FILED. 7/28/94, THE PCRA HEARING SCHEDULED FOR 9/1/94 AT 8:45AM IS RESCHEDULED FOR 9/6/94 AT 1 :30PM. ORDERED BY EDGAR B BAYLEY, J. Migrated Filer 08/18/1994 WRIT OF HABEAS CORPUS, AD PROSCEQUE WRIT OF HABEAS CORPUS, AD PROSCEQUENDUM, 8-17-94, EDGAR B. BAYLEY,J Migrated Filer 1 09/06/1994 ORDER OF COURT, FILED, 9/2/94, THE ORDER OF COURT, FILED. 9/2/94. THE PCRA HEARING IS RESCHEDULED FOR 10/6/94. ORDERED BY EDGAR B BAYLEY, J . Migrated Filer 1 09/12/1994 WRIT OF HABEAS CORPUS, AD PROSCEQUE WRIT OF HABEAS CORPUS, AD PROSCEQUENDUM 9/9/94. FOR THE PURPOSE OF A PCRA HEARING 10/6/94. ORDERED BY EDGAR B BAYLEY, J. Migrated Filer 2 09/12/1994 ORDER OF COURT, FILED. 9/12/94. THE ORDER OF COURT, FILED, 9/12/94. THE PCRA HEARING IS RESCHEDULED FOR 10/31/94 AT 1 :30PM. ORDERED BY EDGAR B BAYLEY, J. Migrated Filer 09/19/1994 WRIT OF HABEAS CORPUS, AD PROSCEQUE WRIT OF HABEAS CORPUS, AD PROSCEQUENDUM 9/16/94. FOR THE PURPOSE OF A PCRA HEARING 10/31/94. ORDERED BY EDGAR B BAYLEY, J. Migrated Filer 1 11/08/1994 ORDER OF COURT, FILED. 10-31-94 THE ORDER OF COURT, FILED. 10-31-94 THE SHERIFF OF CUMBERLAND COUNTY IS DIRECTED TO RETURN DEFT TO HIS PLACE OF INCARCERATION EDGAR B. BAYLEY, Migrated Filer AUt"l. ~Ut:l:.l- Kev Ul/U;J/:.IUUO Pnnted: 01/0312000 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET Docket Number: CP-21-CR-0000918-1993 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Delbert Allen Pettit Page 8 of 10 1 12/05/1994 PROCEEDINGS LODGED. 10/31/94. PCRA PROCEEDINGS LODGED. 10/31/94. PCRA HEARING. JUDGE EDGAR B BAYLEY. COURTROOM #2, Migrated Filer 1 12/13/1994 PROCEEDINGS FILED. 10/31/94, PCRA H PROCEEDINGS FILED. 10/31/94. PCRA HEARING. JUDGE EDGAR B BAYLEY. COURTROOM #2. Migrated Filer 1 01/11/1995 CASE RETURNED FROM SUPERIOR COURT CASE RETURNED FROM SUPERIOR COURT Migrated Filer 2 01/11/1995 JUDGMENT FROM SUPERIOR COURT, FILED JUDGMENT FROM SUPERIOR COURT, FILED, 11/15/95, IT IS NOW ORDERED AND ADJUDGED BY THIS COURT THAT THE JUDGMENT OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BE AND THE SAME IS HEREBY AFFIRMED. BY THE COURT, DAVID SZEWCZAK, PROTHONOTARY. Migrated Filer 1 03/29/1995 OPINION AND ORDER, FILED. 3/29/95. OPINION AND ORDER, FILED. 3/29/95. IN RE: PETITION FOR POST-CONVICTION RELIEF. IT IS ORDERED THAT THE DEF. BE GRANTED THE RIGHTTO FILE NUNC PRO TUNC FOR RELIEF FROM THE JUDGMENT OF SENTENCE ENTERED ON 3/22/94. ORDERED BY EDGAR B BAYLEY, J. Migrated Filer 1 04/21/1995 MOTION FOR LEAVE TO APPEAL IN FORMA MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS, ORDER, 4-21-95 Migrated Filer 2 04/21/1995 NOTICE OF APPEAL TO THE SUPERIOR CO NOTICE OF APPEAL TO THE SUPERIOR COURT FILED, PROOF OF SERVICE Migrated Filer 1 04/24/1995 ORDER OF COURT, FILED. 4/24/95. DEF ORDER OF COURT, FILED. 4/24/95. DEF'S COUNSEL SHALL FILE WITHIN 20 DAYS, NOTICE OF ALL MATTERS COMPLAINED OF ON APPEAL TOGETHER WITH A BRIEF IN SUPPORT OF EACH ISSUE RAISED. THE COMMONWEALTH SHALL FILE A RESPONSE BRIEF 10 DAYS LATER. ORDERED BY EDGAR B. BAYLEY, J. Migrated Filer AUt'\.,; ijUll~ - Kev U1IU~I~UU~ t'nnted: 01/0312005 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOClEI' Docket Number: CP-21-CR-0000918-1993 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Delbert Allen Pettit Page 9 of 10 1 05/05/1995 CONCISE STATEMENT OF MATTERS COMPLA CONCISE STATEMENT OF MATTERS COMPLAINED UPON ON APPEAL,FILED Migrated Filer 1 05/15/1995 DEFENDANT'S POST SENTENCE MOTION NU DEFENDANT'S POST SENTENCE MOTION NUNC PRO TUNC, BRIEF OF THE COMMONWEALTH, FILED Migrated Filer 1 OS/24/1995 OPINION, FILED OPINION, FILED Migrated Filer 05/31/1995 CASE MAILED TO SUPERIOR COURT CASE MAILED TO SUPERIOR COURT Migrated Filer 1 01/06/1997 MOTION FOR POST CONVICTION COLLATER MOTION FOR POST CONVICTION COLLATERAL RELIEF, FILED BY DEFENDANT. Migrated Filer 01/14/1997 ORDER OF COURT, FILED 1/13/97. IN R ORDER OF COURT, FILED 1/13/97. IN RE: MOTION FOR POST CONVICTION COLLATERAL RELIEF, DANIEL SODUS, ESQ. IS APPOINTED TO REPRESENT DEF ON HIS MOTION FOR POST-CONVICTION COLLATERAL RELIEF. DEF IS GIVEN 60 DAYS TO FILE ANY ADDITIONAL REQUESTS FOR RELIEF. COUNSEL SHOULD SEEK A HEARING DATE WHEN WARRANTED. ORDERED EDGAR B. BAYLEY, J, Migrated Filer AU!-'I,,; \:IUtl:l - Kev U1/U::l/:lUUO Pnnted: 01/03/2005 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OGOIET'" Docket Number: CP-21-CR-0000918-1993 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 10 of 10 v, Delbert Allen Pettit . CASE nNArmIALINFG\J..t~'" Last Payment Date: Total of Last Payment: $0.00 Pettit, Delbert Allen Assessment Payments Adjustments Non Monetary Total Defendant Payments Costs/Fees Sheriff Costs (Cumberland) $2.80 $0,00 ($2.80) $0.00 $0.00 Witness Fee (Cumberland) $20.00 $0.00 ($20.00) $0.00 $0.00 County Court Costs (Cumberland) $17.50 $0.00 ($17.50) $0.00 $0.00 Sheriff Costs (Cumberland) $1.50 $0.00 ($1.50) $0.00 $0.00 Crime Victims Compensation (Act 96 $15.00 $0.00 ($15.00) $0.00 $0.00 of 1984) Crime Victims Compensation (Act 96 $15.00 $0.00 ($15.00) $0.00 $0.00 of 1984) Domestic Violence Compensation (Ac $10.00 $0.00 ($10.00) $0,00 $0.00 44 of 1988) State Court Cost (Act 204 of 1976) $8.00 $0.00 ($8.00) $0.00 $0.00 Commonwealth Cost - HB627 (Act 16' $12.00 $0.00 ($12.00) $0.00 $0.00 of 1992) JCP $5.00 $0.00 ($5.00) $0.00 $0.00 District Attorney (Cumberland) $10.00 $0,00 ($10.00) $0.00 $0,00 Jury/Non-Jury Fee (Cumberland) $100.00 $0.00 ($100.00) $0.00 $0.00 Sheriff Costs (Cumberland) $2.80 $0.00 ($2.80) $0.00 $0.00 Sheriff Costs (Cumberland) $1,05 $0.00 ($1.05) $0.00 $0.00 Sheriff Costs (Cumberland) $2.29 $0.00 ($2.29) $0.00 $0.00 Sheriff Costs (Cumberland) $156.17 $0.00 ($156.17) $0.00 $0.00 Sheriff Costs (Cumberland) $148,72 $0.00 ($148.72) $0.00 $0.00 Costs/Fees Totals: $527.83 $0.00 ($527.83) $0.00 $0.00 Grand Totals: $527.83 $0,00 ($527.83) $0.00 $0.00 ** - Indicates assessment is subroqated AOPC 9082 - Rev 01/03/2005 Printed: 01/03/2005 ~ ,. CA \ ~ N o c,. \ J f) ~ ~ CX) ~ () ~; <--~ ~.. :-1~: f'Y ~ ~- ~ ~~:!.~ : ~:~ ..f ):......-- ~~= Z ~ ~~ I CJ \ ~ ~ = = CJl o " .~ r -r- fh ~]1 " - "rn " c. ..,." .0'" , ;~-., ~') I "'--, =--1~j, 0 ,,'.. -11 ~i~. fA '.....-- .___1 .J::: ..:.....> ,-<., '- ):".. :z I (.}1 -.-, ~ N c..n \.D \5 JAN 0 5 2005 '1"'" JAMES L. DARHOWER, JR. PlaintiffJPetitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04-6293 KATHI L. DARHOWER, Defendant/Respondent : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY :f.{" ORDER AND NOW to wit this ~ day of January, 2005, upon the Petition for Emergency Special Relief For Temporary Full Custody filed by Petitioner/Plaintiff r....d upvu ~u~"':""~ ....~u~" ~v f.'l &dno. - A. ~ ~-~.f.Ji;.';~;$ I:.:t,-:ttl, I 10 ;ODS ~ 11.'].4 A .,c,. ,,~-_ , D () )~ ~ /~) t4. I... ~ I.I.~.KJ1.,DI UJUJEKEIJ ~u U.l~A....KJ1.,.r.,JJ mal: James L. uarnower, Jr., ;:)1".11 c.""p -primary physical CllstOdy of ~::nl1::mthl'l Ol'lrhnm"'.. .......d p~~ T\Y~~r,~Iu.lib~, mil.." v.d\..l vi' ~ fh,C' Qo::rt By the CoP :. ~, J. ~ft1~ f?? Ccvvvo5 >-. ~:r; 1--::: w8 g.,<; u-~~ r;r= 'T' c; C) 0: ~D... o:lU ::r: l- L~ o M 2:: "'-~,... ~15: 't .F~-. ~ ~- -- ...::t \,0 I . ~ ~ ::j ~ oCt J LJ"':> = <= '" '1'; ~~-:: :~~) o v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6293 CIVIL TERM JAMIE L. DARHOWER, JR., Plaintiff KATHI L. DARHOWER, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY ORDER OF COURT AND NOW, this 10th day of January, we enter the following Order, which is meant to be temporary in nature and shall in no way affect the substantive rights of either party for the custody of their children. We note that we took no testimony and that this Order is meant simply to preserve the status quo and to protect the children until we are able to hear all of the merits surrounding this matter. Consequently, we enter the following Order: 1. The parties shall have shared legal custody of their children, Samantha Darhower and Paige Darhower. 2. The Father shall have primary physical custody of the children subject to periods of partial physical custody in Mother at such times and places as the parties agree. 3. During Mother's periods of partial custody, the children are not to be in the presence of or have any contact with Delbert Allen Pettit. J. ~rk A. Mateya, Esquire Attorney for Plaintiff ~athi L. Darhower 1028 Alexander Spring Road Carlisle, PA 17013 Defendant, Pro se srs .) ~ 0/-/0 -0.5 I Z :[) !rJ II N~T snuz ,lAM 26 200t' JAMES L. DARROWER, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KATHI L. DARROWER, Defendant NO. 04-6293 IN CUSTODY COURT ORDER AND NOW, this J. 7 thday of January, 2005, upon consideration of the attached Custody Conciliation report, it is ordered that this Court's prior Order of January 10, 2005 is vacated and replaced with the following Order: 1. The Father, James L. Darhower, Jr., and the Mother, Kathi L. Darhower, shall enjoy shared legal custody of Samantha L. Darhower, born July 28, 1988, and Paige B. Darhower, born December 31, 1991. 2. The Father shall enjoy primary physical custody of the two minor children. 3. The Mother shall enjoy periods of temporary partial custody with the minor children at such times as agreed upon by the parties. During Mother's periods of partial custody, the children shall not be in the presence of or have any contact with Delbert Allen Pettit. 4. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled for a conference with the Custody Conciliator. 5. Both parties shall provide each other with telephone contact information so that they may communicate with respect to arranging custody for the minor children. However, all communications between the parties shall be limited solely to information relating to custody issues. cc:~ A. Mateya, Esquire --Kathi L. Darhower '-I f :J:.:.,r\} L:f-L \~ ~ 6\'3\-(}5 },jyr,C'~" ,-. :{ii:) 81 :2 lid LZ HVr SDul .,\t.NIC\jC!1.lC-:'d ::Hl :lO 3:Jr~:iO'<13'lU JAMES L. DARROWER, JR Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KATHI L. DARROWER, Defendant NO. 04-6293 IN CUSTODY CONCIliATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the. following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Samantha L. Darhower, born July 28,1988 and Paige B. Darhower, born December 31, 1991. 2. A Conciliation Conference was held on January 20, 2005, with the following individuals in attendance: Father, James L. Darhower, Jr., with his counsel, Mark A. Mateya, Esquire, and Mother, Kathi L. Darhower, who appeared without counsel. 3. The parties agreed to the entry of a Custody Order in the form as attached. / ~;)s::- oS- DATE Oh K)~Y; Hubert X. Gilroy ,~Uire Custody Conciliat ,0<' 1 MARRIAGE SETTLEMENT AGREEMENT AGREEMENT made this 6\1.J::lday of r .2005, by and between JAMES L. DARHOWER, JR. (hereinafter called "Husband") and KATHI L. DARHOWER (hereinafter called "Wife"). WIT N E SSE T H: WHEREAS, the Parties hereto are Husband and Wife, having been married on August 17, 1985 in Boiling Springs, Cumberland County, Pennsylvania. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the Parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the Parties hereto are desirous of settling fully and finally the respective financial and property rights and obligations as between each other, including without limitation: 1 . The settling of all matters between them relating to ownership and equitable distribution of real and personal property; ,. 2. The settling of all matters between them relating to past, present and future support, alimony and/or maintenance of Husband by Wife or Wife by Husband; 3. In general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the Parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1 . AGREEMENT NOT PREDICATED UPON DIVORCE: It is specifically understood and agreed by and between the Parties hereto, and each of the 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 the 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 2 " -..,- -----____ -.._ ......_ _..,___.__.1 """____, ..., ""''' ,",.v . ""'.....UIl. VI allY duress, undue influence or collusion. 3 j 5. INTERFERENCE: Each party shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carryon or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor in any way interfere with the peaceful existence, separate and apart from the other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 6. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit claim, and forever discharge the other in the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, or whatever nature and whatsoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such 4 other, or by way of dower or courtesy, or widows or widowers rights, family exemptions or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country, or any right which Wife may have or at any time hereafter have for past, present or future support of maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other, by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party 7. understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or 5 owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that is adequately provides for his or her needs and is in this or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which 6 the court determines to be marital, and to set aside to either party that property which the court determines to be the parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, debt allocation, and counsel fees, costs and expenses. 8. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they will divide the marital property as of the date of this Agreement, including, but without limitation, jewelry, clothes, furniture and other personalty and hereafter Husband agrees that all the property in the possession of Wife on the date of this Agreement shall be the sole, separate property of the Wife; and Wife agrees that all of the property in the possession of the Husband on the date of this Agreement shall be the sole, separate property of Husband; irrespective of the foregoing provisions, Husband hereby agrees to set over, transfer and assign all of his right, title and interest to those personal effects and items of personalty that are more fully described in Schedule" A, " which has been annexed hereto and made a part hereof and which shall become the sole property of Wife with the right to remove same from the marital premises or from wherever located, and Wife hereby agrees to set over, transfer and assign all of her right, title and interest to those personal effects and items of 7 personalty that are more fully described in Schedule "8" which has been annexed hereto and made a part hereof and which shall become the sole property of Husband. With the exception of the following, each of the Parties does hereby specifically waive, release, renounce and forever abandon whatever claims he or she may have with respect to any of the above-items which are the sole and separate property of the other from the date of execution hereof: Wife is entitled to the following: Pop up camper 9. AFTER-ACQUIRED PERSONAL PROPERTY: Each of the Parties shall hereinafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her after December 11, 2004, 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. 10. DIVISION OF VEHICLES: With respect to the vehicles owned by one or both of the parties, or the net proceeds or value derived from any prior sale or trade in thereof, they agree as follows: a. Wife presently is in possession of a 1998 Isuzu Rodeo and a 1988 Toyota vehicle which shall remain in the possession of Wife. 8 b. Husband presently is in possession of a 1988 Volkswagen GTI which shall remain in the possession of Husband. The titles or lease agreements to said vehicles shall be executed by the parties for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien or encumbrance the party receiving said vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other part harmless from said lien or encumbrance. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 11. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the 9 transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 12. WARRANTY AS TO EXISTING OBlIGATIONSEach Party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other Party may be responsible or liable except as may be provided for in this Agreement. Each Party agrees to indemnify or hold the other Party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 13. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after December 11, 2004, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever of which the estate of the other may be liable. 10 14. WAIVER OF ALIMONY, SUPPORT AND MAINTENANCE: Husband and Wife do hereby waive, release, and give up any rights they may respectfully have against the other for alimony, 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. The parties hereby acknowledge that by this Agreement each has respectfully 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 to which they are accustomed. Defendant agreed to withdraw her complaint for spousal support as an agreement for the child support amount under PACSES # 642107107. A final order to docket number 00158 S 2005 is incorporated herein. A final Order of Court relating to child support was entered on March 1, 2005. Said Order dated March 1, 2005, at docket number 001 04 S 2005 relating to child support is incorporated herein by reference. 15. PENSION: Husband and Wife hereby agree that Wife hereby waives any and all right she has to Husband's pension. Husband hereby waives any and all right he has to Wife's pension. Husband and Wife shall sign any and all documentation necessary to effectuate said waivers. 1 1 16. CUSTODY: Custody arrangements for Husband and Wife's children, SAMANTHA DARHOWER and PAIGE DARHOWER will continue to be handled in accordance with the Custody Order of January 27, 2005, filed to No. 2004-6293 in the Court of Common Pleas of Cumberland County, Pennsylvania. Said Custody Order is incorporated herein by reference. 17. OTHER DOCUMENTATION: Wife and Husband covenant and agree that they will forthwith (and within at least thirty (30) days for demand therefore) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or other such writings as may be necessary or desirable for the proper effectuation of this Agreement in order to carry out fully and effectively the terms of this Agreement. 18. FULL DISCLOSURE: Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wherever located belonging in any way to either or both of them, of all the debts and encumbrances incurred in any manner whatsoever by either or both of them during the marriage, of all sources and amounts of income of each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering in this Agreement. 12 19. BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 20. FEES, COSTS AND EXPENSES Each party agrees to be solely responsible for her and his respective counsel fees, costs and expenses in negotiating and concluding this Agreement, dissolving their marriage and consummating all provisions of this Agreement. 21. ENTIRE AGREEMENT: This Agreement contains the entire understanding between the Parties. There are no representations, warranties, covenants or undertakings other than as expressly set forth herein. 22. WAIVER OR MODIFICATION TO BE IN WRITING: No modification nor waiver of any of the terms hereof shall be valid unless in writing and signed by both 13 Parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 23. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 24. 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. 25. SEVERABILITY: 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. Likewise, the failure of any Party to meet his or her obligations under anyone or more of the paragraphs herein with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the Parties. 26. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. 14 The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 27. BREACH: If for any reason either Husband or Wife fails to perform his or her obligations hereunder to the other spouse, and the other spouse incurs any expense hereby (including but not limited to legal fees and costs) in enforcing his or her rights, the non-breaching party shall have the right, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have and the spouse who failed to perform the obligations agrees to indemnify the other spouse and hold him or her harmless from any and all such expenses. 28. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for the convenience of reference and shall not constitute a part of this Agreement nor shall they effect its meaning, construction or effect. 15 IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first above-written. WITNESS: v~~ -1tu~ V~k. v~ ill ES L. DARHOWER, JR ~~~AMiliI KA THI L. DARHOWER (SEAL) 16 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF DAUPHIN On this, the Cl,1~day of !1f~'AU) Public in and for said Commonwealth and County, , 2005, before me, a Notary personally appeared JAMES L. DARHOWER, JR., known to me (or satisfactorily proven) to be the 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 hereunto set my hand and official seal. ~A/MU'~A~ 11. L~h4~ Notary Public My Commission Ex (SEAL) Notarial Seal Frances A. Aumiller, Notary PubIc CItY of HarriSburg,. Da" uDt*i QJurII&I . MyOOlnmlssior ,'(",\'''5 Mar.18,1DJ6 ~.1M1hP.r p". -tj,,"nf~ COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND On this, the ~1~ day of ~ , 2005, before me, a Notary Public in and for said commonwea~t~ and County, personally appeared KATHI L. DARHOWER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Jr~ /J IJ~~ Notary Public My Commission Expires: (S EA L) Notarial Seal =:Frances A. Aumiller, Notary PubIc of Harrisburg, Daullt*i COiIII* My sion I=xolres -.18,'" Member. PP""'~' .~;"tlnnntNntMes 17 . . SCHEDULE "A" Wife' s Personal Property Any and all personal property presently in Wife's possession. Additionally, Wife is to retain all of her personal items which are in boxes which are presently in Husband's attic and her high school class ring once it has been located. 18 . . , SCHEDULE "8" Husband's Personal Property Any and all personal property presently in Husband's possession. 19 r~ o -1'1 --1 ""j- hl~ i'n ::J ,;;~ -y\ >:') :'n 1',) co 1) v.:; . C' '. JAMES L. DARHOWER, JR. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04-6293 KATHI L. DARHOWER, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY AFFIDAVIT OF SERVICE AND NOW, this 27th day of June. 2005, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: 1. A Complaint for Divorce was filed to the above term and number on December 15, 2004. 2. On or about December 20, 2004, a certified copy of the Complaint in Divorce and Custody was personally handed to the Defendant by Mark A. Mateya, Esquire. Attorney Mateya's Verification is attached hereto as Exhibit "A" and is incorporated herein by reference. 3. A certified copy ofthe Complaint was mailed to the Defendant via first class mail, postage prepaid on December 23,2004. The first class mail was returned to Plaintiffs counsel with the envelope marked as "Not deliverable as addressed - unable to forward." A copy of the envelope is attached hereto as Exhibit "B" and is incorporated herein by reference. Respectfully submitted, ~~~a~~mre Attorney LD. No. 78931 P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff . - VERIFICATION MARK A. MATEY A, ESQUIRE, verifies that he is the attorney and agent for the Plaintiff herein. Mark A. Mateya verifies that he personally handed a certified copy of the Complaint in Divorce and Custody to the Defendant, Kathi L. Darhower on or about December 20, 2004. Mark A Mateya verifies that the facts set forth in the foregoing are true and correct to the best of his knowledge, information and belief. He understands that false statements made therein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. ~~l~Q= Dated: ---.k) &l1j05 Sworn t9pd Subscribed before me this~~ayofJune, 2005. ~~!l~ Notary Public (SEAL) Notarial Seal ==Ft81Ce8 A. Aumill.er, Nota.rYA ... cI Ha~sburg, ,OauPhlli ....... Ion !=v,""res Mar.1 Member~~ ..,.",,,,,~ EXHIBIT I A . fA ~ ~, ~ I I ~~ - - - - - - - - - - - - - - - - - - - o CJ)o"P . ,,~~~ ~'o -lei) ~-IeI)"''E;; ,..oc:~.... ~~~~c; :~~a; O:sl~:Z:-I ~~=S-g :sl,;;;g;"co :e - :z: :sl ~~~'i~ o-gw.:z:eI) o~ :sl "" eI) ~ 0 o -I ~ :sl tll o e ~ 5 ~~ ~"Oo~ 'g9~>- z.tllrn. 00;":7 (/l~~;;:o.. '''0 - ~ ';P; ';J>o~r"'" ::j ~~ ~ )- b ~ \:i\Il' \ \ \ \ \ ~ \ '..to. g~ ~1: ~- c:d,o~ \ ',.b.. .......--..JZ-4\ H\c:n C1 eI ! ~O ':' !'T1 <:> :!1, -.J EXHIBIT - ------",-,---------- --- o c>~ ,....~ C~ C";;) L.,."" o -n -l "T' -'- -r; rl1-"! 1- ~.~ ;r ,_I -T't -q (--~) fTl (,~ (' -~ "",A'" -,~.,.~ !"'-..> 0) :2 N - JAMES L. DARROWER, JR. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-6293 KATHI L. DARROWER, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on December 15, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATED: (P,/ d-'1 /o~ es L. Darhower, Jr. intiff ,.....:> r:;;) c~ <:,.rl (= o -n ..-\ "':C-n Gir:: -go ;:~)\~), "~:,\~ .r:- .- .- ~'k; :-<: ~..-......" ..,~~ N CO -0 ::.,: v..:> JAMES L. DARHOWER, JR. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-6293 KATHI L. DARROWER, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of 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 the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATE ~/ 627 /b.s I . s L. Darhower, Jr. ntiff (') c:: ....." c-::':') .('-.;:) CJ+'l o -n L- c: l"" Q:) -0 .r:- w JAMES L. DARHOWER, JR. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04-6293 KATHI L. DARHOWER, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 15,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATED: , ~c / 0- aLl /05 Kathi . arhower Defendant -:) ~~; ~.rj. ~ -l -:.t:-n frle -()~ ....-, ~-- N co -0 :::: (_:~(~) ;i~r~ C?\ .!'::"" - c...:; -"',':;--,... ~:~ JAMES L. DARHOWER, JR. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04-6293 KATHI L. DARHOWER, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifl 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 the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g 4904 relating to unsworn falsification to authorities. DATE ~--d-\~ \JS Kathi L. Darhower Defendant Q t-:) c:::> c:::> c:;.J..... r_ c:: :;..,;... 1"" OJ ~ --4 :C-n 1\1-' c: :,~jq ~:~i~ ~), __1._ _.\,,~ <::.; (") )5 ,'Il '::::-.I "",> ~)~ -- -0 ........T'- """;""a .r.:- .' w - . . " JAMES L. DARHOWER, JR. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04-6293 KATHI L. DARHOWER, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: 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 330l(c) of the Divorce Code. 2. Date and manner of service ofthe complaint: By certified mail on December 15, 2004. 3. Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff June 27,2005 by Defendant June 27, 2005 (b )(1) Date of execution of the Plaintiffs affidavit required by Section 330 1 (d) of the Divorce Code: (2) Date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: None 5. (a) Date and manner of service ofthe notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the prothonotary: simultaneously herewith. Date defendant's Waiver of Notice in 9330l(c) Divorce was filed with the prothonotary: simultaneously herewith. . .. . Each party has filed a Waiver ofthe Notice ofIntention to Request Entry of A Divorce Decree. ~~e~~~~ P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 Attorney for Plaintiff ~ ~l -! (") C~ "', C"::J C:':' '.:.J1 c.,_ c: ", co -0 .r:- 0-.:' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+'+''I':+::+.:+.:+::+.:+: :+. :+i;f.;ji;ji ... ..... . ...... .............................................~ . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . , . . . . , . . . . . . , . . . . . . . . . . , , . , , . . , . , . , , , , . . . . . . . . , . . . . . . . . . . . . . . . . . , , . . . . . . . . . . . . . . , . . . . . . . . . . .' IN THE COURT OF COMMON PLEAS into by e e - - ; . . . : i , - ~-_." ., / , , , , ~ _"!' .. ..;'. .. /-- -', J' _ -........._.....::- ., ....t; '- ~-... ~" ... aa. " DaDa DO OF CUMBERLAND COUNTY STATE OF PENNA. James L. Darhower, Jr. No, 6293 2004 VERSUS Kathi L. Darhower DECREE IN DIVORCE ~~ , c:t 3.~1 ,.~ . J~ , IT IS ORDERED AND AND NOW, DECREED THAT AND (p James L. Darhower, Jr. , PLAI NTI FF, Kathi L. Darhower ARE DIVORCED FROM THE BONDS OF MATRIMONY. , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT The Marriage Settlement Agreementdaated June 27, 2005, entered eo . .. ated but not merged Decree. Y THE ATTEST: J. PROTHONOTARY .;:fir ~ ~ ~ SO ilL ~W ~'5!~'~/'~ >1/ J/L " . '.:~ )-;." .'" ~. ".. ...-',' f .. ,."} ,