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HomeMy WebLinkAbout05-0659 DOROTHY M. DETWILER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW ~ NO. 65 -G57j : IN DIVORCE CIVIL TERM THEODORE R. DETWILER, Defendant 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 will proceed without you and a decree of divorce or arrnulment may be entered against you for any 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 170 I3. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 DOROTHY M. DETWILER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW THEODORE R. DETWILER, Defendant : NO. : IN DIVORCE CIVIL TERM COMPLAINT IN DIVORCE NO FAULT I. Plaintiff is Dorothy M. Detwiler, an adult individual currently residing at 197 SME, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is Theodore R. Detwiler, an adult individual currently residing at 4203 North Clear Ridge Road, Hustontown, Fulton County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 7, 1974, in Huntingdon County, Pennsylvania. S. There have been no other prior actions for divorce or arrnulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, ~..."' e ~.. Brian C. Bornman, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.s. Section 4904, relating to unsworn falsifications to authorities. DATE: J 1hZ, r3 /-rJ'OS t! -1-) G;) c: ? J , -- ~F> o 0- J> ~ ---- .-S\ 0-- ~ """ C.:;l <o.,;? (::fl -<1 r'f"t (,"0 , .....l (0 () 1\ .-~ ~- ,!Y"', -"'. ".(-? (') _\ ,~... '. ,.... DOROTHY M. DETWILER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW THEODQRE R. DETWILER, Defendant : NO. 05-659 : IN DIVORCE CIVIL TERM AFFIDAVIT OF SERVICE AND NOW, this ?1'1ti day of February, 2005, comes Brian C. Bornman, Esquire, counsel of record for Plaintiff, Dorothy M. Detwiler, and states that a true and attested copy a Complaint in Divorce, was sent to Defendant, Theodore R. Detwiler, 4203 North Clear Ridge Road, Hustontown, P A 17229, by certified mail, restricted delivery, return receipt requested. Service of said Complaint was made on February 18, 2005. A~~e ~-- Brian C. Bornman, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before me this !) '1:0 day ~. of t"~'tl ~ ,2005 " ./ 1 J' d . NO~;P:~i'P~LI{J{.~ CG\-, M01^R1AlSrn ROmll J. GOSHORII. MOT^R'I PIl8U~TY ;y^~~I~~I~~I~~,~~~~\R~:~ ~~u 2061 . ~ ..D .., l'- .., :r [J'" ..D :r ru t::I t::I t::I Postage ^ 1_' $ .::.x, LQ ~.3a _~J, "(c::; 3.SD o&- <y'l:-~ \ ~,~ '. I,.. \ ""-i',.::>'~>,:> <( \ ,+,-~ 'j C' , .......... Here " .oJ, "\~:'---_/ / ,I;, / I~Jt':)/ Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ t::I IT1 ~ ~:7J.-e()d.N.L..J?,..lJeJI!d!:L~L......m..............m....m D St1e"et, Apt: No.; or PO Box No. ~ l D L t::I m<(,JD.3m..N.,..CJ:f.oA...J5..~L mm.JSgN..m......mm.m ~ City, te,Z +4 7' Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: '\ "e0cL,~ ~ 1)dL-0;\c~ r Ljd()~fJ.ckQ" el~2ci t\ Lts-fm-b:,::;() \'~ ( 17:7-di1 D. Is delivery address different from item 1? if YES, enter delivery address below: 3. Service Type WCertified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise o C.Q.O. 4. Restricted Delivery? (Extra Fee) 2. Article Number ~ r"\ I (TnmsferfromseNlcefabeJ) I OOU <530 OCO,;! L{ tact Lj PS Form 3811. August 2001 Domestic Retum Receipt o Agent . Addressee ate of Delivery -1'6-(:C:- DYes .No DYes %1'C)0 2ACPRI-oa-P-4081 .-' _'."' r~. i;~ ".'.1 ?? \ 1'0 ~:~. c;? t.f1 .-' - DOROTHY M. DETWILER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW THEODORE R. DETWILER, Defendant : NO. 05-659 : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 93301 (c) of the Divorce Code was filed on February 7, 2005, and service was made on February 18, 2005. 2. The marriage of Plaintiff and Defendant is irr,etrievably 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 of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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: !pI /&/~S I / ~~ &~~ DOROTHY . D TWILER, Plamtlff (; ,...., 0 c;::'.:) ~; <= 'T1 ,,,n (-.. :::;:! c: r~1:D -,,:.., , f-- ~g rn N c~, N '"") C) :;J ~~~~ <-") '.;,:: '\ rn c-, -. 51 :~ -< f',,) .< DOROTHY M. DETWILER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW THEODORE R. DETWILER, Defendant : NO. 05-659 : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 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{ do not claim them before a divorGe 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 THE FOREGOING 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 F ALSIFICA TION TO AUTHORITIES. DATE: (; //Ip ) t?S / I 10A-1~ 'j:1J ~ ~)ETWILER, Plaintiff "" (:~c.) ~,.) tJ' <-- S:.:: r...' N -",. ~::...,.. o -" :::.2..,.., (np:: -ctD\ -\1'--- ';:~:~~1?\ ....:~~>l ~~~t 2:-:; .~, ....." C;? N DOROTHY M. DETWILER, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW THEODORE R. DETWILER, Defendant : NO. 05-659 : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST THE ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE I. 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 iff 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. ~4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DAT~>~2yiOBJ~ ~~ a ~~~ / THEODORE R. DETWILER, Defendant '.r, 0., <"-~.-.:> ':__.::1 "-,.., c. !"~~.~ o "TI :o;j III :n ,.-. -,"jrn -.;CJ ',J J ::-j ~-) _::",'-r; :>'(~-; ~)rT! ~,.j :':fj --< r,.:. Cr, (') ."1 -< <::) c') C. DOROTHY M. DETWILER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW THEODORE R. DETWILER, Defendant : NO. 05-659 : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on February 7, 2005, and service was made on February IS, 2005. 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 of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. ~4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. \:\ Vci" ---' .~/> ;) // lJ ft 1/7 DATE: c:7~(-YL-( ~'dJ)O j ~~/, ~ n../!Q---<.-- THEODORE R. DETWILER, Defendant SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THISAGREEMENT,madethis l~ day of Uo..-G~ , 2005, by and between DOROTHY M. DETWILER, of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife", AND THEODORE R. DETWILER, of Fulton County, Pennsylvania, party of the second part, hereinafter referred to as "Husband", WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on December 7,1974, in Huntingdon County, Pennsylvania; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; and WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of --Page 1 of 17-- Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: 1. Advice of Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Brian C. Bornman, Esquire. Husband has elected not to seek legal representation. 2. Warranty of Disclosure: The parties warrant and represent that they have made a --Page 2 of 17-- full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties. 3. Personal Riflhts and Seoaration: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any marrner whatsoever with him or her. 4. Afl/'eement not a Bar to Divorce Proceedinfls: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the party of the other party which may have occasioned the disputes or unhappy differences which have occurred prior to or which may --Page 3 of 17-- occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of g3301(c) of the Divorce Code of 1980. 5. Al!1'eement to be Incorvorated in Divorce Decree: The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged into the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 6. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. Personal Proverty: Husband and Wife do hereby acknowledge that they have, with the exception of property specifically noted below, previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she --Page 4 of 17-- may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. The parties acknowledge that Husband is in possession of a 410-.22 rifle that was transferred from Wife's father to Wife and a 20 gauge shotgun that is registered to Wife. Husband agrees that he shall return these items to Wife by giving them to Theodore P. Detwiler, Jr. to give to Wife. 8. Marital Debt: Each party hereby confirms that they have not incurred any additional debt since their separation that has, in any way, obligated the other party. Neither party will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. 9. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. 10. Alier-Acquired Personal Proaertv: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for --Page 5 of 17.- all purposes, as though he or she were unmarried. 11. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: a.) Wife shall retain sole and exclusive possession of the parties' 1996 Chevrolet Corsica. Husband hereby conveys any and all right, title and interest he has or may have in the aforesaid vehicle. Wife shall assume sole and exclusive responsibility for repayment of any debt due and owing on account of the aforesaid vehicle. Wife shall at all times indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature with respect to any such debt associated with said vehicle. b.) Husband shall retain sole and exclusive possession of the parties' 1984 Dodge pickup, 1992 Chevrolet Corsica and Chevrolet Cavalier. Wife hereby conveys any and all right, title and interest she has or may have in the aforesaid vehicles. Husband shall assume sole and exclusive responsibility for repayment of any debt due and owing on account of the aforesaid vehicles. Husband shall at all times indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature with respect any such debt associated with said vehicles. c.) The parties agree that they shall within fifteen (15) days of the date of execution of this Agreement execute whatever documents are necessary to --Page 6 ofl7-- convey their interest in the vehicles to the other party. 12. Real Estate: The parties are joint owners of real estate located at 4203 North Clearidge Road, Houstontown, Fulton County, Pennsylvania, which property is currently held in the joint names as tenants by the entireties. Wife agrees that contemporaneously with the execution of this Agreement she will execute a deed conveying all of her right, title and interest in the aforesaid real estate to Husband by Quit Claim Deed. Wife shall then make no claim of any nature whatsoever relative to any legal or equitable interest in the aforesaid real estate. From the date of execution and delivery of the deed forward, Husband shall be solely and exclusively responsible for repayment of any debt secured by this real estate and for all taxes and insurance relative to this real estate. Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever on account of the aforesaid real estate from the date of signing and delivery of the aforesaid deed forward. The receipt of benefits provided for herein by Wife take into consideration Wife's transfer of her legal and equitable interest in the aforesaid real estate from the date of execution of this Agreement forward. Wife shall make no claim of any nature whatsoever, legal or equitable, in the interest of the aforesaid real estate. Following separation, Wife purchased a mobile home currently located at 197 SME, Shippensburg, Cumberland County, Pennsylvania. This property is encumbered with a mortgage due and owing to Citizens Bank. Husband hereby conveys all of his right, title and interest he has or may have in the aforesaid --Page 7 of 17-- mobile home to Wife. Husband shall make no claim of any nature whatsoever relative to any legal or equitable interest in the aforesaid real estate. Wife shallb e solely and exclusively responsible for the repayment of any debt due and owing that is secured by the mobile home and shall make each monthly payment when and as payments are due, including any and all interest, late charges, and the like. Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever on account of the aforesaid debt secured by the mobile home. The receipt of benefits provided for herein by Husband taken into consideration Husband's transfer of his legal and equitable interest in the mobile home. From the date of execution of this Agreement forward, Husband shall make no claim of any nature whatsoever, legal or equitable, in the interest in this property. 13. Reciprocal Waivers of Pension Interests: Husband and Wife agree to waive any and all right, title, or interest in the other party's Individual Retirement Account(s), Pension(s), Annuities, profit-sharing plans, or other retirement accounts or plans. 14. Warrantv as to Post Separation and Future Oblillations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter hold harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. 15. Spousal Support. Alimonv. Alimonv Pendente Lite. and Svousal Maintenance: a.) Husband hereby waives any right or claim of any nature whatsoever relative to --Page 8 of 17-- alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. b.) Wife hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. 16. Mutual Releases: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, 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, of whatever nature and wheresoever 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 other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, 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 (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as --Page 9ofl7-- 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 to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or 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 thereof. 17. Divorce: Wife has commenced an action for divorce against Husband pursuant to g3301(c) of the Divorce Code of Pennsylvania by filing a Complaint in Divorce docketed to No. Civil Term, in the Court of Common Pleas of Cumberland County, Pennsylvania. Both parties shall, following the passage of ninety (90) days from the date of service of the Divorce Complaint furnish Wife's counsel with signed Affidavits of Consent and a Waivers of Notice ofIntention to request the Entry of a Decree in Divorce. It is understood and agreed that the Decree in Divorce issuing from this matter shall incorporate this Agreement. Further: a.) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under g3S02, et. of the Pennsylvania Code, Act. No 1980-26. --Page 10 of! 7-- b.) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. 18. Voidabilitv Aweement: The parties specifically agree that failure to execute a Affidavit of Consent and Waiver of Notice of Intention to Request the Entry of a Decree in Divorce within ten (10) days ofthe time it is requested by the other party shall render this Agreement voidable at the election of the party requesting the Affidavit of Consent and Waiver of Notice of Intention to Request the Entry of a Decree in Divorce. This election to void this Agreement due to failure of the other party to execute the Affidavit of Consent and Waiver of Notice of Intention to Request the Entry of a Decree in Divorce shall be completed by sending written notification that the Agreement is being voided. Such notice shall be sent to the other party by certified mail and first-class U.S. mail. The election to void this Agreement should the above condition be meant shall render this Agreement null and void and of no further legal effect. 19. Lellal Fees: In the review and preparation of this Agreement each party shall bear his or her own legal fees. 20. Remedv for Breach: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for --Page 11 ofl7-- such breach, in which event the breaching party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. 21. EQuitable Distribution: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 22. Summary of Effect of Aweement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future clams on aCCOunt of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 23. Tax ConseQuences: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with --Page 12 of 17-- regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a party of the marital estate. 24. Mutual Cooveration/Dutv to Effectuate Af!T"eement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 25. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 26. Severabilitv: 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 --Page 13 of17-- operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 27. No Waiver of Default: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms ofthis Agreement. 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 breach of any provision hereof be construed as a 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. 28. Intewation: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 29. Effect of Divorce Decree: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. .-Page 14 of 17-- ~. - . 30. Notices: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: a.) To Husband at 4203 North Clearidge Road, Houstontown, PA 17229. b.) To Wife in care of Griffie & Associates at 200 North Hanover Street, Carlisle, PA 17013. 31. Waiver or Modification to be in Writinll: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both 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. 32. Captions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 33. AllT"eement Bindinll on Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 34. Governinll Law: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. --Page 15 of 17-- IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. WITNESSES: tJ?il7[~~ Date ' DOROTH\1. ETWILER ~Nf ilL4 ~ -L ~ Fe.b. 116, Zoos- -- -. 07.) 1. Date THEODORE R. DETWIL ..Page 16 of 17-- COMMONWEALTH OF PENNSYLVANIA COUNTY OF Lu.r.-vi::wJa..J... On this 7ft,.. dayof ~~ , 2005, before me, the undersigned officer, personally appeared DOROTHY M. DETWILER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ." a- {1~L&1N/ Notary PubliO / 1l0TARIAl. SEAl. _"" GOSHORN NOTARY PUBliC .UP 80110 CUMBERLAND CDUllll' ~W1SSIDri'EXPIRES APRIL 11 2001 COMMONWEALTH OF PENNSYLVANIA COUNTY OF rV/~#n </'ti-- On this I P day of r~. , 2005, before me, the undersigned officer, personally appeared THEODORE R. DETWILER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ /?? /~~I Notary Public , ,"," : ~,' -_.._-_._-~ !\, "';,;,]1 Linda M. Hto,;::i';(j', Notary Public Dublin Twp., Fulton County My Commission Expires Dec. 9, 2007 I Member, Pennsvlv:mi,_, 1~~.~;0r:i8tion Of Notaries --Page 17 of 17-- DOROTHY M. DETWILER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW THEODORE R. DETWILER, Defendant NO. 05-659 IN DIVORCE CIVIL TERM PRAECIPE TQ TRANSMIT RECQRD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: I. Ground for divorce: Irretrievable breakdown under S3301(c) 339l(d)(I) of tile Diyoree Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: certified mail/restricted delivery on February IS, 2005. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by S3301 (c) of the Divorce Code: by Plaintiff: June 16,2005 by Defendant: June 21, 2005 (b) (I) Date of execution of the affidavit required by S330l (d) ofthe Divorce Code: (2) Date of filing and service of the plaintiffs affidavit 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 of plaintiffs Waiver of Notice in S330l (c) Divorce was filed with the Prothonotary: June 22, 2005 Date defendant's Waiver of Notice In S3301 (c) Divorce was filed with the Prothonotary: June 28, 2005 ~ ~.N\..o.~_'~ ,~J\ ~,~ 1\ .. <j '" \ ,n \ II Hannah Herman-Snyder, Esquire GRIFFIE & ASSOCIATES Attorney for Plaintiff o c.: ..., ;.:::; ~.f'\ f.,-~ ~;:;, Q, -' :r:4\ ':::'fii :;:\~~ ....., c." o '01 ::::l ._l_ -r1 rnC. '" d I ~~: . .... -'1 ::)(~ i:5JT1 .:::'.\ -.--... ~b :< ,...;;;;; c...;" f",.) CJ 4) ::',1.': , , 'J' Ul "'''':;I':,: :'::;1' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . . . . . . + . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . . . . . . . . . . . . . . :+':-+;:;1''+::;1''+::;1''+::;1' '+:~'+:~:.:~~~~~~:+.~:+.'+:~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . . . . . . . . . . . + . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . . . + . . . . . . . . . . . . . + . . . + . + + Of.:f. '+: 'f.'f.:'::+':+,:+, ~ ~~ '+::;1' ~ + ~ 'f.+ '+''+' '+'~ '+''+' '+''+' '+'~ '+':+. '+' '+''+':+. +:+. '+::+. '+':+. '+::+. '+:'+':+. iliili"'iliOf. Of. . . Of.:+. "'Of.:;I''f.~'f.~:+. Of. :;I':+: :+::+::+. ~''f. .. :+'Of.:+':+::+.:+:~;+:+:+:+~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PEN NA. DOROTHY M. DETWILER. Plaintiff No. 05-659 VERSUS THEODORE R. DETWILER, Defendant DECREE IN AND NOW, DIVORCE ~b , IT IS ORDERED AND "....- ~) DECREED THAT Dorothy M. Detwiler , PLAINTIFF. AND Theodore R. Detwjler , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORi' III)!...THIS ACTION FOR YET BEEN ENTERED; \\IV~ The parties' Separation and Property Settlement Agreement March 7, 2005, is incorporated herein, but not merged. WH ICH A FI NAL ORDER HAS NOT dated J. _.~-- / / By T ATTEST: ~OTHONOTARY . .. Of. '+':f.'+:+~:;I'~",,+: '+:~:+ ;+: .h % ~ ~u, 5'0- JI.( ~~~ jp~~46)-;m) 50 JIL '. . " ": ..~ '.