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HomeMy WebLinkAbout05-5294 , Robi.lZt A. De -tw,'le t:!- . vS AMY k. DetL\Jt/e R- os- S':2..'1lj fl~iL '7-~ NfJf,c e. -to DefeNd YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST you. OU ARE WARNED THAT IF YOU FAIL TO 00 SO THE CASE HAY PROCEED WI -HOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT W THOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR R ANY OTI{ER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU. Y LOS!:: HONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. .. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE - IF YOU DO NOT HAVE ^ LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. " ClMBERLAND ffiUNTYBAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717 249 3166 COMPLAINT FOR DIVORCE COURT OF COMMON PLEAS, Cumberland COUNTY, PENNSYLVANIA Robert A. Detwiler Plaintiff OS~SJ94 G~,'L Docket ~ In re: the Marriage of and Amy K. Detwiler Defendant The Plaintiff, Robert A. Detwiler , respectfully declares the following: 1. Plaintiff's Residence: Plaintiff resides at 130 McAllister Church Road, Carlisle PA, 17013 [insert Plaintiff's address] and has been a resident of the Commonwealth of Pennsylvania for 40 years [insert period of residence in months and years]. 2. Defendant's Residence: Defendant resides at 1941 Jericho Road, New Bloomfield PA, 17068 [insert Defendant's addres~ and has been a resident of the Commonwealth of Pennsylvania for 41 years [insert period of residence in months and years]. 3. Marriage: On September 22,2001, in Carlisle (city), Cumberland (county), Pennsylvania (state), the Plaintiff and Defendant married. An official copy of the marriage license is attached to this COMPLAINT FOR DIVORCE. 4. Jurisdiction: This Court is that of proper jurisdiction to hear this cause. The Defendant has agreed to file an Affidavit of Conse in this cause. Neither the Plaintiff or Defendant has been involved in any litigation or other proceeding involving the other party in this or any other jurisdiction with respect to their marriage or any other domestic matter. 5. Grounds for No-Fault: Plaintiff wishes a dissolution of marriage with Defendant based on the following grounds: Irretrievable breakdown of the marriage, and the spouses have both filed affidavits that they consent to the divorce. [Note: This paragraph must describe sufficient legal basis for divorce as recognized by the laws of the Commonwealth of Pennsylvania. Sufficient basis for a no-fault divorce within Pennsylvania is limited to the following: (1) irretrievable breakdown of th marriage with the spouses living separate and apart without cohabitation for two years, or (2) irretrievable breakdown of the marriage, and the spouses have both filed affidavits that they consent to the divorce. (Note: The court may delay the case for 90 tc 120 days if it appears that a reasonable chance exists for reconciliation. Additionally, 90 days must elapse after the filing for divorc before the court will grant the divorce,) 6. Marital Settlement Agreement: Plaintiff and Defendant X have (copy attached) entered into a Marital Settlement Agreement 7. Other Declarations: NOW, THEREFORE, Plaintiff requests that the court order a DECREE OF DIVORCE and such further relief as Plaintiff may have requested herein. Verification I, eD ~ eLf ft ~ D.e.t 1/1,\ Ie f2-- [name of Petitioner], affirm under penalty of perjury that I am the Petitioner in the foregoing COMPLAINT FOR DIVORCE and that all statements in this Petition are accurate to the best of my knowledge. I have filed this Complaint in good faith and have not colluded with anyone in relation to it tJJ1.0:d:L Petitione s Signature 1"/7~~ Date t ( :; (J IJ1 C It; It s-l ef?- tin) Rc- ~ RJ. Petitioner's Address, Line 1 ('flE-l~/e PAt 170/2' Petitioner's Address, (ine 2 Subscribed and sworn to before me on this l day of octo btr , 20 --05...-. ''-~iilfJWj 'J ~ ~ Notary . COMMONWEALTH or PENNSYLVANIA Notarial Seal Tracey L. Milliken, Notary Public Upper Allen Twp,. CtNnoerJand County My Commission Expires June 10, 2009 Member Pennsylvania Ass.'iilti'ln 01 Notaries ~ SEPARATION AND PROPERTY SETTLEMENT AGREEMENT OF ROBERT A. . DETWILER AND AMY K. DETWILER THIS AGREEMENT, made this .5' day of ll"iL1',-l: , 2004, by aod between AMY K. DETWILER, hereinafter referred to as "Wife", and OBERT A. DETWILER, hereinafter referred to as "Husband". WITHNESSETH: WHEREAS, Husband and Wife were lawfully married on September 22,2001; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous, therefore, of entering into an agreement which will provide for support, distribute their martial property, and will provide for their mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on or about June 12,2004 she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims and demands made against him by reasons of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: ~I\D Husband represents and warrants to Wife that since their separation on or about June 12, 2004 he Arl has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims and demands made against her by reasons of debts or obligations incurred by him. " .j? i' \ ..J 5. OUTSTANDING JOINT DEBTS: Husband and Wife agree that the only outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement is the note for the family residence and the 2003 Volkswagon Jetta. In the event that either party contracted or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged, 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, as amended. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Section 202 of the Divorce Code. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the maniage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties' including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. 8. DISTRIBUTION OF PERSONAL PROPERTY The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools, equipment and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item ~pS) t1~ ... .~ is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of joint ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real of personal, whether such property was acquired before, during or after the marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 9. VEHICLES/BOAT: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The Dodge Van shall become the sole and exclusive property of Husband. (b) The 2002 Volkswagon shall become the sole and exclusive property of Wife. (c) The 2003 Volkswagon shall become the sole and exclusive property of Husband. (d) The title to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this agreement and the said executed title shall be delivered to the proper parties on the distribution date. (e) The Four Winds Horizon 200 boat shall become the sole and exclusive property of Husband. 10. REAL PROPERTY The parties are the owners of certain real estate located in West Pennsboro Township, Cumberland County, Pennsylvania, known as 130 McAllister Church Road, Carlisle, Pennsylvania 17013. Wife agrees at the time of signing this Agreement to convey all of her right, title and interest in said real estate to Husband by deed of special warranty, 11. PENSION PLAN: The parties release any interest in the opposite spouse's Pension accumulated prior, during or after the marriage. 12. COUNSEL FEES AND EXPENSES: Husband and Wife Acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter o {\\l ArD , . have against the other for alimony pendente lite, counsel fees or expenses or any other provisions for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 13. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, intestate share, right to take against the will of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 14. SUBSEQUENT DIVORCE: Husband has intention of filing a no-fault complaint in divorce against Wife. Husband and Wife each agree to sign an affidavit of consent to be filled in said divorce action. In the event such divorce action is concluded, the parties shall be bound by all the terms of this Agreement which may be incorporated by reference into the Divorce Decree, shall not be merged into the Divorce Decree, and shall not be modified, but shall in all respects survive the same and be further binding and conclusive upon the parties. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted and prosecuted by either party and no order, judgment or decree of divorce, temporary, final, or permanent shall affect or modify the financial terms of the Agreement. This Agreement may be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purpose of enforcement only. 15. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other such remedies or relief as may be available to him or her, and the party breaching this Agreement should be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of Equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with ~~rb an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. <, ',) '\ C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in consequence of any default or breach by the other of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever; provided that the party seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect or enforce his or her rights under this Agreement. 16. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been completely reviewed by the parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them. 18. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the division and distribution of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 401(d) of the Divorce Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing any provision of this Agreement. 19. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other party of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. ~ p '20. MODIFICATION AND WAIVER: A modification and waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. PRIOR AGREEMENT: Husband and Wife Acknowledge and agree that the provisions of this Agreement shall not replace or modify the prenuptial agreement signed on or about September 20,2001. 22. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 23. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 24. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 25. VOID CLAUSES: If any terms, conditions, 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. 26. 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. ~f\9 Arb .. IN WITNESS WHEREOF, the parties hereto have set their hand and seals the day and year first above written. - "'fa, u'VLL Natarla.I Seal Allee Arm Crossland Notary Pubt1 (81 A q:allt' Hill, B.oro. CU~bcrland Coun~y ''MY( omOUSSJon Expires June 6, 2005 Member, PennsylVania Association of Notaries ROBERT A. DETWILER fl~ X. JJI ~A~[~ AMY K. ETWILER (8 ~AL~ NOWial &ltJ l tee A,nn Crossland, Norarj Public M amp HilI. B.om. Cumberland Count Y CommIssIOn Expires June 6, 2cxls Member, Penn3ylvaniaAssociation 01 Notaries COMMONWEALTH OF PENN8YL VANIA : , :8S: COUNTY OF CUMBERLAND Sworn to and subscribed by Robert A. Detwiler and Amy K. Detwiler after having substantially proven their identities and having appeared before me a notary public on Y - _5 - 2.. OO~ signed this document as their willing and voluntary act & deed. ~ (bCM &~~ Notary Public ------ ^'- ~ ...() ~ UJ {g., - .:oC \) V\ C> -J t>- -u ~ ...., = = 0:::..;-' C'J CJ --l I ~ ~~Q -J ~~s (~~) .---\ -,., -u ~ ~~ Cn ~ - Robert Alan Detwiler, IN THE COURT OF COMMON PLEAS OF Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIJ Amy Kay Detwiler, NO. 2005-05294 CIVIL TERM IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A COMPLAINT IN DIVORCE under Section 3301 (c) of the Divorce Code was filed on October 7, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and and ninety days have elapsed from the date of filing 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. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my Spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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: 3/3/06 . , f/lc;QJfL Robert A. Detwiler, Plaintiff COMMONWEALTH OF PENNSYl VANIA COUNTY OF Cumberland Subscribed and sworn to before me on this 3""\ day of fl\:1....C h ~l ,20.2.lL. Notary 0\'L~~ COMMON\\iEALIH Of PENNSYLVANIA Notarial Seal Beth M. Yorlels, Notary Public Upper Allen Twp., Cumberland County My Commission Expires Feb. 23, 2008 Membw D~rw.'~tVl'trH>' ~<:<;!'Y.':rett!)n of Notaries - r",' I,. ,;.., ~ - Robert Alan Detwiler, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIJ Amy Kay Detwiler, NO, 2005-05294 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A COMPLAINT IN DIVORCE under Section 3301(c) of the Divorce Code was filed on October 7,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and and ninety days have elapsed from the date of filing 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. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage Counselors and that I may request the Court require my sPOuse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce beCOming final. 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 !l4904 relating to unsWorn falsification to authorities. Date: :5- ';J-C;{f ~ X 1lt;L Amy . Detwiler, Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland SUbscribed and swom to before me on this 3"'\ day of JYl"IC h , 20...Q.h &~ 01 11 Qo~ Notary COMMO,'iIVEAL1H OF PENNSYLVANIA Notarial Seal Beth M. Yorlets, Notary Public Upper AJlen T\vp., Cumberland County My Commission Pxpires Feb, 23, 2008 --~-,~ Mernbt:<r P'."-ron,,,,"""";'J ^:r;nc!ation of Notaries - Robert Alan Detwiler, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIJ Amy Kay Detwiler, NO. 2005-05294 CIVIL TERM Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl 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 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 tl me immediately after it ;s 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 ~4904 relating to unsworn falsification to authorities. Date: 3/310h $.Iti 0 d:i: Robert A. Detwiler, Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland Subscribed and sworn to before me on this ~ day of ("<ire ~ ~ 0l.LJ0I o.~ ,20,Qh. Notary ONWIlALTH OF PllNNSYLVANJA Notarial Seal Beth M. YOrlets, Notary Public Upper Allen lWp., Cwnberland Conoly My Commission F.xpires Feb 23, 2008 Member, ~nnsyJ\fani6 A:;;;~.';~.~";'~'oralies ( r.", r'...' - ~ Robert Alan Detwiler, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANII Amy Kay Detwiler, NO, 2005-05294 CIVIL TERM Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301/cl 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 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 b 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 ~904 relating to unsworn falsification to authorities. Date: ~_. ~-ff;1) ~ X 1Jj,~L Amy . Detwiler, Defendant COMMONWEALTH OF PENNSYl VANIA COUNTY OF Cumberland SUbscribed and Sworn to before me on this3(CI day of M Q /C~ \'::Oll,'UYiONWEALfH OF PENNSYLVANIA 1""'---.-- ~ Notarial Seal f Belh M Yorlets, Notary Public I" Upper Allen Twp., Cumberland County ,~ My Commission Expires Feb. 23, 2008 ':_,w,,_,_ ~l Notary 0\L~~ ,20..Q.k 'ii'':''~/;n~ ,.,~ ""F>!~;1' tI"lsr~if!I:io:l of Notaries ( ,.~, -- Robert Alan Detwiler, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIJ Amy Kay Detwiler, NO. 2005-05294 CIVIL TERM Defendant IN DIVORCE ACCEPPTANCE OF SERVICE 1. I Amy K. Detwiler received a Complaint For Divorce on October 14, 2005. 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: 3 -3-0[; '~ Amy K. etwiler, Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland SUbSCribed and sworn to before me on this Y<:\ day of fV\~ r '- h. , 20..2.lL ~L fY\'l-~ Qo~ Notary COMMONWEALTH OF PENNSYLVANIA Notarial Seal Beth M. Yorlt',;,;. Notary Public Upper Allen T,'~'; '.~umberland County My Commis:'i(i.;: tJtpi.re.<iI Feb. 23. 2008 Mem""",," '~"W' ';:",\ f ,-;.Mafioo of Notanes ---- bet w, le,.- IN THE COURT OF CCMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. t;5" 5,;Y}';/ CIVIL 19 vs. Oe+wl fer 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. Grounds for divorce: irretrievable breakdown under Section 3301 (c) ~_l ,~'\~I of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the canplaint: J 4. LJ c:r 0 t.:. 'R E.~ f'Y).6,\ L- 3. Canplete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff 3 MARc..1-l 2.00<0 by the defendant 3 ~R~ f>~lD B. (1) Date of execution of the plaintiff's affidavit requjred by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related clalins pending: flJot-.l= 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code It;j(lQli~ Attorney for Plaintiff/Defendant " en C: . .. .. :+,,+;;f.;f.:+;:ti:+::f. ~;f.~;f.;f.+'+';f. +++++++++.++++++++ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +++++++++++++++++++++++++? . . :+:+'+::+':+:+. :++:+':+: . . +:+: +. +.;f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ++ +. '+' +. '1':+ Of Of:+ +. ;!' +. :+: '+':+ '+' +. :+: . .. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY PENNA. STATE OF -Ro6Et:\T A. be:ruJIl-E(\ 05- 52qL No. VERSUS Am'L \4. l)e:rWIL.ER , DECREE IN DIVORCE AND NOW, (11~ ~ c::r /. ';'1 f#t . ~ , IT IS ORDERED AND AND ~OeEP.T A. bS"il4Hl-E:;I~ Am'-l r<. DETWIL.Ef\ , DEFENDANT, DECREED THAT , PLAINTIFF, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Nor-.1E" Am~ . .~ ~ r"OTHO"OTA"' ... ++''+'+'+'+''fCf'f+:+:+'+'++ :+::+: + +. Of + Of:+;f:+: 't::+' J. _~? 9 /r?7Y7.7 oYJt:, #/ -::;7 /17"'fV'r 4;; - p::;l 0'0 6 [ '-:0 6 [' ,.' ..,. . .