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HomeMy WebLinkAbout05-6189 ROBERT O. DEIBLER, Plaintiff * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * vs. * * NO. ())' {Pi 77 * CRIST A R. DEIBLER, Defendant * CIVIL ACTION - LAW * IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE 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 MAYBE ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MA Y ALSO BE ENTERED AGAINST YOU FOR ANY OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR CHILDREN. WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS tS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LA WYER 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3] 66 ROBERT O. DEIBLER, Plaintiff VS. * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * * * NO. C)!f- ("fS"l * CRIST A R. DEIBLER, Defendant * CIVIL ACTION. LAW * IN DIVORCE COMPLAINT COUNT I - DIVORCE UNDER {l330I(c) or {l330I(d) OF THE DIVORCE CODE 1. Plaintiff is Robert O. Deibler, who currently resides at 2222 Douglas Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Crista R. Deibler, who current address is unknown. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. 5. 1999. 6. 7. 8. Plaintiff and Defendant were married on May 15, 1998, in Newville, Pennsylvania. The parties are the parents of one (1) minor child: DakotaF. Deibler, born on November 30, There have been no prior actions of divorce or for annulment between the parties. Neither party is presently a member of the Armed Forces on active duty. Plaintiff has been advised that counseling is available and that he may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. 9. The cause of action and sections of the Divorce Code ttnderwhich Plaintiffis proceeding are: (a) 9330I(c). The marriage of the parties is irretrievably broken; and (b) ~330 1 (d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. 10. Plaintiff requests This Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.c. Dated: II h (I /(1.5' VERIFICA TION I, Robert O. Deibler, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. S4904, relating to unsworn falsification to authorities. Date: /J/lJvs .- .........><........." , (l> ) <::.: .;-/~. q,fF . ..... c,.- ~ '-if I ROBERT O. DEIBLER Plaintiff {L-<,=> _ ~ --....... "'--\ '-- ~ 9.) r-:) C '\...J ~ " "'- "- c~ ~ r___ bj '-- '-\) ~ ,-\ ,~ C--:) (.,\ .~ ~ "0 , Ii 6 '~'J ,";;', ., "J1 C) -11 CJ =-J ;"'-1 ~ -) ~.,~ 1..") ~::"-'1 ..< os; - ~/cP9 C;L>;L'L~ MARITAL SETTLEMENT AGREEMENT ~ t'" THIS MARITAL SETTLEMENT AGREEMENT, made this' u day of Odo b<. (" ,2005, by and between CRISTA R. DEmLER, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and ROBERT O. DEmLER, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on May 15, 1998, in Newville, Pennsylvania; WHEREAS, the following child was born of the marriage: Dakota F. Deibler, born November 30, 1999; 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 fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. 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. INTERFERENCE: Each party shaIl be free from interference, authority, and contact by the other, as fully as though 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 or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any 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 part of the other party which have occasioned the disputes or unhappy differences. 3. SlJBSEOUENT DIVORCE: The parties acknowledge that HUSBAND intends to file a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. However, it is further agreed that the parties will not finalize their divorce until such time as their pending Chapter 13 Bankruptcy is concluded, either by receiving a discharge or by tennination by the Court. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to pennit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this 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. 6. DISTRIBlmON DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL REI.RASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, 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 situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy 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 a 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 country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions 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 It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: This Agreement has been prepared by Bradley A Wrnnick, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.c., counsel for HUSBAND, and HUSBAND acknowledges that he has signed said Agreement freely and voluntarily after full consultation with his counsel. WIFE acknowledges that at no time has Attorney Winnick offered legal advice to her or acted in any manner as her legal representative. WIFE further acknowledges understanding of her right to obtain counsel of her own choosing, and to have said counsel assist her in any manner related to the instant Agreement. By executing this Agreement, WIFE expresses her understanding of those rights and explicitly waives the right to counsel. WIFE acknowledges that she has signed said Agreement freely and voluntarily. The parties acknowledge thai this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each 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 indemni1Y and 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 10. WARRANTY AS TO FUTURE OBLIGA nONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnifY and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PER.'iONAI, PROPERlY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof 12. BANKRUPTCY: The parties are currently making payments to the United States Bankruptcy Trustee as the result of their voluntary joint petition in the United States Bankruptcy Court for the Middle District of Pennsylvania under Chapter 13 of the Bankruptcy Code. It is agreed that both parties will continue to cooperate with each other in order to receive a successful discharge of the debts being paid through the bankruptcy, including signing any and all documents necessary to achieve said discharge. The parties also express their understanding that they are to continue to abide by the conditions of their payment plan as directed by the court and the Bankruptcy Trustee. HUSBAND agrees to assume sole responsibility for all payments to the Trustee under the Bankruptcy plan, and for all debts under the plan in the event that any such debts are not discharged thereunder. In that event, HUSBAND shall indemnifY and hold WIFE harmless against any liability resulting from his failure to make said payments. 13. DIVISION OF REAL PROPERTY: The parties jointly own the marital residence situate at 2222 Douglas Drive, Carlisle, Cumberland County, Pennsylvania. HUSBAND shall retain exclusive possession and ownership of said residence. WlFE shall execute a deed transferring all her right, title and interest in the marital residence to HUSBAND. HUSBAND shall remain solely responsible for the payment of the mortgage, taxes, insurance and any other expenses associated with the property, and shall indemnifY and hold WlFE harmless against any liability associated with his failure to make payments on any such obligations. It is agreed that, within a reasonable time following the conclusion of the party'sjoint Chapter 13 Bankruptcy, HUSBAND shall re-finance the mortgage to remove WlFE from liability thereupon. 14. BANK ACCOUNTS: HUSBAND and WlFE agree to dose any bank accounts currently owned in their joint names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 15. PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS: HUSBAND is the owner of a 401(k) through is employment with Intellimark. It is agreed that HUSBAND shall maintain sole responsibility for the $12,000.00 loan taken by the parties against the account balance during their marriage. It is further agreed that the parties shall execute a Qualified Domestic Relations Order, to be prepared by WIFE or her attorney, transferring $10,000.00 to WlFE from HUSBAND's 401(k). Other than the transfer prescnbed in this paragraph, WlFE hereby relinquishes all right, claim or interest to HUSBAND's 401(k). 16. MOTOR VEIDCLES: HUSBAND shaII become the sole and exclusive owner of the 1998 Plymouth Neon currently in his possession and titled in his name. HUSBAND shall remain solely responsible for any payments owed on said vehicle and shall indemnifY and hold WIFE hannless from any liability from his failure to make proper payment thereupon. WIFE shall become the sole and exclusive owner of the Buck Le Sabre titled in her name. WIFE shal1 remain solely responsible for any payments owed on said vehicle and shall indemnifY and hold HUSBAND hannless from any liability from her failure to make proper payments thereupon. The parties are the owners ofa Town & Country Van currently titled in HUSBAND's name. Prior to the execution of this Agreement, said vehicle was irreparably damaged in an automobile accident while being operated by WIFE. It is agreed that any insurance proceeds available to the parties as a result of the accident and damage to the vehicle shall become the sole and exclusive property of WIFE, and HUSBAND waives any claim to said proceeds. 17. AFTER-ACOUlRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are 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 all purposes as though he or she were unmarried. 18. HEALTH INSURANCE: It is acknowledged that heretofore HUSBAND has provided health insurance to WIFE through his employment. It is agreed that HUSBAND will continue to provide health insurance to WIFE until such time that a divorce decree is issued. 19. INCOME TAX: The parties have heretofore filed joint Federal and State tax returns. Unless otherwise agreed to by the parties, HUSBAND and WIFE agree to file separate tax returns beginning with the tax year 2005. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold hannless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 20. APPLICABILI1Y 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 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 said Act. 21. WAIVER OF AT .TMONY: Except as otherwise provided herein, HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 22. EFFECT OF DIVORCE DECREE: The parties agree that, except as 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. 23. BREACH: If either party breaches any provision ofthis Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request 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 such interests, rights and claims. 25. ENTIRE AGRF,F.MENT: 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. 26. AGREEMENT BINDING ON HF.IRS: This Agreement shall be binding on and sha1l inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDmONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. VOID CLAUSES: 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 tenn, 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. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 30. FINANCIAL DISCLOSURE: The parties confinn that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 31. MODIFICATION AND WAIVER: A modification or 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 defaults of the same or similar nature. 32. DESCRlPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. ~nd:t Jrk/h.l./tnL/ WITNESS R . Q)0Le~ (SEAL) CRISTA R. DEmLER (~~ (l7rf/.;.1P.J-v WITNESS P~AL) COMMONWEALTH OF PENNSYL VANIA : SS. COUNTYO~ \ lXYlW {cwd On this,a l '1\ day 000 .\- 0 \::yJ y ,2005 before me a Notary Public, personally appeared Crista R. Deibler, known to me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto se m d official seal. , " j lV;~\)C~":: ",!";::~" iiL)' j '!-. ::~f.:_".:~:,:t.~ ;:,~'.:~:.f}V p~ [------' -i1(llA-RIAi SLAL : I\P!HL D. EDWARDS,. Notary fUblic I Bom of Cariisle, Cumberland County t~1X,,,~ommissi8q EX\),lr~?,,~,?nl 23, 2006 COMMONWEALTH OF PENNSYLVANIA COUNTY OFO UYY\b2.x\cu--d. : SS. On this, t~ay oiliG~, 2005 before me a Notary Public, personally appeared Robert O. Deibler, known to me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that he executed the same for the purposeS therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. 5'_~!c;:':~ti;:FL:-H _(\r i't,'J'.'J,: ::::\tVAN~/, i " NOTARIAL 5fAI'-'---; ~ A!-hIL D;.. ED~/AROS, NGtary ,Public 1 I Bore of "ari:;.!e, Cumberraild t:Ourl~j I My Comrmsswn Expn':s l\pril 23 ?0'iF1 l """""O~'''''',_,m~.___,..._..". .,. ' " .._ --~ , ' " . os - /". ,per eu'j,...~'L ADDENDUM TO MARRIAGE SETTLEMENT AGREEMENT THIS ADDENDUM TO MARRIAGE SETTLEMENT AGREEMENT, made this 15 t'" day of Nil.;'....I:".1, 2005, by and between CRISTA R. DEmLER (hereinafter referred to as "WIFE") and ROBERT O. DEmLER (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, on October 26, 2005, the parties executed a Marital Settlement Agreement; WHEREAS, the Marital Settlement Agreement is intended to fully and finally settle all matters between HUSBAND and WIFE relating to the ownership and equitable distribution of property; WHEREAS, Paragraph #16 of the Marital Settlement Agreement provided that WIFE would receive any and all insurance proceeds available to the parties as the result of the irreparable damage caused to the Town & Country Van which had been titled in HUSBAND's name; and WHEREAS, the parties have learned that there will not be any insurance proceeds available to the parties as all such proceeds will be claimed by the United States Bankruptcy Trustee as part of the pending Chapter 13 Bankruptcy. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in the Marital Settlement Agreement, 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. PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS: Paragraph #15 of the Marital Settlement Agreement provides that the parties shall execute a Qualified Domestic Relations Order transferring $10,000.00 to WIFE from HUSBAND's 401(k). In consideration of ,. the fact that WIFE will not receive any insurance proceeds for the Town & Country Van, as was previously anticipated, it is agreed that WIFE shall receive $21,000.00 from HUSBAND's 401 (k), rather than $10,000.00, via a Qualified Domestic Relations Order. 2. INCORPORATION IN MARITAL SETIl ,EMRNT AGREEMENT: It is agreed that the tenus of this Addendum are to be incorporated in the Marital Settlement Agreement and considered a part thereof IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. ta' /, . lU OJVI f!- WITNESS ~'~ r-'~.,\ / ) '. I ;1 l ~--tL. ,e. VJ4' ~SEAL) CRISTA R. DEmLER /J u an F GlJ{ h '-WITNESS . EAL) " . COMMONWEALTH OF PENNSYL VANIA COUNTY oi~)(nbc rlard : SS. On this, / 5 day of ~ !1)femb r , 2005, before me a Notary Public, personally appeared Crista R Deibler, known to me to be the person whose name is subscribed to the within Addendum to Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set m hand I LJrLV0 Notary Public COMMONWEALTH OF PENNSYL VANIA COMMONWEALTH OF PENNSYLVANIA NOTARIAL. $EAL PAMELA A. SWrrALSKI, NoiIIy NlIIc ShIppelIlburg Twp.. CUII1IlellnI CoIIIly My CIlmmI8sIon Exp!11lI Feb, 9. 2008 COUNTY OF fV1111J:JRr 1(1 iIId : SS. On this, the /5 day of A) J'kmh2 (, 2005, before me a Notary Public, personally appeared Robert O. Deibler, known to me to be the person whose name is subscribed to the within Addendum to Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my h d ad official seal. l~d It wtJ Notary Public ~WEALTH OF PENNSYLVANIA NOTARIAL SEAL PAMELA A SW1TALSKI. NClIatY 6': Sltllll*\1IbUfg Twp,. C1JInb8I\Md 2008 My boInrnIll$lon EJqllnIe Feb. 9, r ' .--\ , " :> ROBERT O. DEIBLER, Plaintiff VS. * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * * * NO. 05-6189 * CRISTA R. DEIBLER, Defendant * CIVIL ACTION - LAW * IN DIVORCE ACCEPTANCE OF SERVICE I accept service of Plaintiff's Complaint in Divorce in the above-captioned matter, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Date: /aj 1/ /05 //j .' . J2 ~/WJio- i_. n R. DeIbler vJt llip-- 2L2?- </)oJtt!'S (Jr,~ ('~l I /Is '-ti I?D r ~ (Address) f ('> .;:-\1 (", .".",- / .:....) ....\., ("\ -- .-- .. ";.:1 v'; '" ( vs. * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYL VANIA * * ROBERT O. DEIBLER, Plaintiff * NO. 05-6189 * CRISTA R. DEIBLER, Defendant * CIVIL ACTION - LAW * IN DIVORCE 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 330 I ( c). 2. Date and manner of service of the Complaint: The Defendant Accepted Service of the Complaint on December 11, 2005, said Acceptance of Service was filed with this Honorable Court on Januarv 13, 2006. 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: March 13,2006 ; By Defendant: March 13, 2006. (b) (1) Date of execution of the Affidavit required by Section 330 I (d) ofthe Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: N/A. 4. Related claims pending: All related claims were settled bv a Marital Settlement Al!:reement dated October 26, 2005 and filed with the Court on Januarv 26, 2006 and An Addendum to Marrial!:e Settlement Al!:I"eement dated November 15, 2005 and filed with the Court on Januarv 26, 2006. , ./ 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 Plaintiffs Waiver of Notice in Section 3301(c) Divorce wasfiledwith the Prothonotary: March 13,2006; Date Defendant's Waiver of Notice in Section 330 I (c) Divorce was filed with the Prothonotary: March 13.2006. Date: 2, //3 /0& By: ~~!l- Bradley . innick, Esquire Supre ourt J.D. #78413 130 We t Church Street, Suite 100 Dillsburg, PAl 7019 (717) 432-9666 (Attorney for Plaintiff) ..1 --~l ROBERT O. DEmLER, * IN THE COURT OF COMMON PLEAS Plaintiff * OF CUMBERLAND COUNTY * PENNSYLVANIA vs. * * No. 05-6189 CIVIL TERM CRISTA R. DEmLER, * Defendant * CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under S3301(c) ofthe Divorce Code was filed on December 1, 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 this affidavit are true and correct I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. ~)I::'}O~ Date ~~~ Plaintiff :'., ROBERT O. DEmLER, * IN THE COURT OF COMMON PLEAS Plaintiff * OF CUMBERLAND COUNTY * PENNSYLVANIA vs. * * No. 05-6189 CIVIL TERM CRISTA R. DEmLER, * Defendant * CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. 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 in 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 made herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to unswom falsification to authorities. (;;5:;;)~ Robert O. Deibler' Plaintiff 0/1:':, /o~ Date ROBERT O. DEmLER, * IN THE COURT OF COMMON PLEAS Plaintiff * OF CUMBERLAND COUNTY * PENNSYLVANIA vs. * * No. 05-6189 CIVIL TERM CRISTA R. DEmLER, * Defendant * CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under ~3301(c) of the Divorce Code was filed on December 1, 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 this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. :!J /;,~ /O/-; Date .., ROBERT O. DEmLER, * IN THE COURT OF COMMON PLEAS Plaintiff * OF CUMBERLAND COUNTY * PENNSYLVANIA vs. * * No. 05-6189 CIVIL TERM CRISTA R. DEmLER, * Defendant * CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33011~) 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 conceming alimony, division of property, lawyer's fees, or expenses if! 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 made herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. ~ I,!, Jato Date ~~(jU~ Crista R. Deibler Defendant ~+ ++'f.+:+: . . . . . . . . . . . . . . . . . . . . . . . :+: +:t:+: . :+:~'f.+ +:t+:+: +:+:'f. :+: ++++ +++ ++:+:+++:+:+++:+:+:+:+++++++++ + ++:+:++++~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY ROBERT O. DEIBLER, PENNA. STATE OF Plaintiff No. 05-6189 CIVIL . . . . . . . . . . . . . . . VERSUS CRISTA R. DEIBLER, Defendant DECREE IN DIVORCE . . . . . . . Mvr~ l~ '1-o1b . . . , . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . , . . . . . . . . . . . . . . . +Of ++'t:++'+i AND NOW, , IT IS ORDERED AND ROBERT O. DEIBLER DECREED THAT , PLAI NTI FF, CRISTA R. DEIBLER AND , DEFENDANT. ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . , . . . . . . . . +'+i ++++++++++++++++++++'+i+? THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION YET BEEN ENTERED; VOIAt- FOR WHICH A FINAL ORDER HAS NOT The terms and provIsions of the Marital Settlement Agreement signed by the parties and dated October 26, 2005 and Addendum to Marriage Settlement Agreement signed by the parties and dated November 15, 2005 are her incorporated but not merged in the Decree of Divorce and remain bindi up t arties. / By THE OURT: ATTEST: ROTHONOTARY J. ;:/?7 Z ~ ~I<< ,.r: ~/u 7~"";>-(7/ Jp jZ~?l-t/ ~. ~ . . 'JI 51 [" :/il 5/' 2:.-:'