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HomeMy WebLinkAbout06-5886IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHIRLEY A. DEITER, ) Plaintiff ) No.: L vs. ) ACTION IN DIVORCE ERIC W. DEITER, ) Defendant ) NOTICE TO DEFEND AND CLAIM RIGHTS TO: Eric Wade Deiter 2A Princeton Street Duncannon, PA 17020 You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request counseling. A list of marriage counselors is available in the Office of the Prothonotary at 50 North Duke Street, Lancaster, Pennsylvania 17602. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166 GINGRICH, SMITH, KLINGENSMITH & DOLAN By: 4Je ey S. ark, Esquire, I.D. No. 74471 2 South Market Street, Suite 201 Elizabethtown, PA 17022 (717) 367-1370 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHIRLEY A. DEITER, ) Plaintiff ) No.: CIO t,?? VS. ) ACTION IN DIVORCE ERIC W. DEITER, ) Defendant ) COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(D) AND NOW, comes the Plaintiff, Shirley A. Deiter, and files the following Complaint in Divorce against the Defendant, Eric.w. Deiter upon a cause of action of which the following is a statement: 1. The Plaintiff, Shirley A. Deiter, is an adult individual, currently residing at 147 A Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Eric W. Deiter, is an adult individual currently residing at 2A Princeton Street, Duncannon, Dauphin County, Pennsylvania 17020. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 17, 1993 5. There have been no prior actions of divorce or annulment between the parties hereto. 6. The marriage is irretrievably broken. 7. The Plaintiff avers that she has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 2 8. Plaintiff avers that she is entitled to a divorce on the grounds that marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) or Section 3301(d) of the Divorce Code. GINGRICH, SMITH, KLINGENSMITH & DOLAN By:-AM ?2 ffr . Shank, Esquire, I.D. No. 74471 222 Puth Market Street, Suite 201 Elizabethtown, PA 17022 (717) 367-1370 FAX - (717) 367-3219 3 VERIFICATION I verify that the statements made in this Complaint in Divorce 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 falsification to authorities. Date: ............. . SHIRLEY A. EITER 4 1-1 O P' h " t O ct? y __ ?1 t ? Jeffrey S. Shank, Esquire, ID #74471 Gingrich, Smith, Klingensmith & Dolan 222 South Market Street, Suite 201 Elizabethtown, PA 17022 717-367-1370 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHIRLEY A. DEITER, Plaintiff VS. ERIC W. DEITER, Defendant STATE OF PENNSYLVANIA COUNTY OF LANCASTER NO. 06-5886-CIVIL TERM ACTION IN DIVORCE AFFIDAVIT SS: I, JEFFREY S. SHANK, Esquire, of Gingrich, Smith, Klingensmith & Dolan, being sworn according to law, depose and state that on October 21, 2006, Eric W. Deiter of 2A Princeton Street, Duncannon, PA 17020, the Defendant in the above action, was served with the Divorce Complaint titled and captioned above, Certified Mail, Restricted Delivery, pursuant to the attached Affidavit of Service. Dated: Sworn to and subscribed ) before me this OW day ) of -2%6. ) Nolarfel Sod Tina Mob Peals, Notary P&AD BNzebefilown B=, lenca9WCMg, My Co1,.,ft on 80w Jure 24, 20 0 nWr, Pennsyftnla Association of Notaries 1 f ., Postal co CERTIFIED MAIL RECEIPT (Domestic Provided) IT! ti CI AL USE I 11- M ' $ ti In I3ertliled Fee O Poeomat* O Return ReoW Fee Here (aworsement RequlreM 0 pestricted Delivery Fee M (FsdorsemeMRequlred) 10/17/06 O Total Postage & Fees u7• C3 MR ERIC W DEITER -------------------------------- ------------------------------ ----- --- ?neat;.llpr.lifo: orPOBmrMo 2 A PRINICEI.ON_ STREET-------------- -------------------- PA 17020 ¦ Complete Ifems 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 hack of the mailpiece, or on the front if space permits. 1. Article Addressed to: MR ERIC W DEITER 2A PRINCETON STREET DUNCANNON PA 17020 A. Signature x ? Agent B. Received by (PrJnred Name) C Dale of lvery r z,e .- 116p:?In, D. Is delivery address different from Rem 17 Yes If YES, enter delivery address below: ? No ? Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 2. Article Number - (/&NIbrtI?orrt,rW„rW 7005 0390 0002 2924 3868 PS Form 3811, February 2004 Domestic Retum Receipt 10e595-024a-1540 7 s VJ i ? . [[ -n i-i 1 Jeffrey S. Shank, Esquire, ID #74471 No. 06-5886-Civil Term Gingrich, Smith, Klingensmith & Dolan 222 South Market Street, Suite 201 Elizabethtown, PA 17022 717-367-1370 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHIRLEY A. DEITER, ) Plaintiff vs. ) ERIC W. DEITER, ) Defendant ) NO. 06-58°6-CIVIL TERM ACTION IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: 12/7/07 Shirley A. iter C':} r:-a C3 n c?} C Jeffrey S. Shank, Esquire, ID #74471 No. 06-5886-Civil Term Gingrich, Smith, Klingensmith & Dolan 222 South Market Street, Suite 201 Elizabethtown, PA 17022 717-367-1370 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHIRLEY A. DEITER, ) Plaintiff ) vs. ) ERIC W. DEITER, ) Defendant ) NO. 06-5886-CIVIL TERM ACTION IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division ofproperty, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: c' 11 'Z9-07 Eric W. Deiter ?? ?-, ?T ? ?? , ??, ?: ,?,? `?, , 49. ..r Jeffrey S. Shank, Esquire, ID #74471 No. 06-5886-Civil Term Gingrich, Smith, Klingensmith & Dolan 222 South Market Street, Suite 201 Elizabethtown, PA 17022 717-367-1370 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHIRLEY A. DEITER, ) Plaintiff ) vs. ) ERIC W. DEITER, ) Defendant ) NO. 06-5886-CIVIL TERM ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce code was filed on October 6, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 1I - L7q-0-7 Eric W. Deiter C ? Cc Q W^ f_; rn ltd 0 R M cn w -c NO. 06-5886-CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHIRLEY A. DEITER, ) Plaintiff ) vs. ) ERIC W. DEITER, ) Defendant ) NO. 06-5886-CIVIL TERM ACTION IN DIVORCE PETITION FOR ENFORCEMENT OF POSTNUPTIAL AGREEMENT DATED SEPTEMBER 22, 2006 AND AGREEMENT BETWEEN SHIRLEY A. AND ERIC W. DEITER DATED SEPTEMBER 16, 2005. The Petitioner, Shirley A. Deiter, by and through her attorney, Jeffrey S. Shank, Esquire of Gingrich, Smith, Klingensmith & Dolan, respectfully represents: Your Petitioner is Shirley A. Deiter (hereinafter "Wife"), appearing in this action by and through her attorney Jeffrey S. Shank, Esquire of Gingrich, Smith, Klingensmith & Dolan. 2. The Respondent is Eric W. Deiter (hereinafter "Husband"), appearing in this action pro se, currently residing at 2A Princeton Street, Duncannon, Pennsylvania, 17020. 3. On September 16, 2005, Husband and Wife executed an Agreement between themselves with regard to their Sovereign Bank Line of Credit, and two (2) PNC Bank Line(s) of Credit. A true and correct copy of Said Agreement is attached hereto and marked as exhibit "A." 4. On September 22, 2006, Husband and Wife executed a Postnuptial Agreement. A true and correct copy of said Agreement is attached hereto and marked as exhibit "B." 5. Said Postnuptial Agreement provides, in part, as follows: "Except for the Sovereign Bank Line of Credit (account number omitted), the PNC Bank Line of Credit (account number omitted) and the PNC Bank Line of Credit in the name of Helen M. Vogelsong (account no. omitted), which loans (line of credit) may be secured by the property, or unsecured or secured by other collateral, and the repayment of same shall be pursuant to the Agreement of September NO. 06-5886-CIVIL TERM 16, 2005, which Agreement shall continue in full force and effect, and is incorporated herein, ... " Husband has failed to pay pursuant to the Agreement and is in default in an amount to be determined specifically at the time of trial. In addition, said Postnuptial Agreement provides as follows: "19. BREACH. In addition to any other rights and remedies of the parties hereinbefore set forth or otherwise, and not by way of limitation or restriction of such right and remedies, 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 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 legal fees and costs incurred by the other in enforcing their rights under this Agreement." 6. Wife has or will incur attorneys fees for enforcement of this action in an amount to be determined and presented at the time of trial. WHEREFORE, Petitioner/Wife respectfully requests this Honorable Court enter an Order adjudicating Respondent/Husband in contempt of the said Agreement and further direct that Husband pay to Wife an amount necessary to cover her fees, costs and expenses in enforcing this Petition and an amount to bring current the obligations pursuant to both Agreements. Respectfully submitted, GINGRICH, SMITH, KLINGENSMITH & DOLAN Date: ?1914 By: J ey S. Shank, Esquire, ID #74471 222 South Market Street, Suite 201 Elizabethtown, PA 17022 717-367-1370 NO. 06-5886-CIVIL TERM VERIFICATION I, Shirley A. Deiter, verify that the statements made in this foregoing Petition 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. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Shirle A. Deiter NO. 06-5886-CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHIRLEY A. DEITER, ) Plaintiff ) vs. ) ERIC W. DEITER, ) Defendant ) NO. 06-5886-CIVIL TERM ACTION IN DIVORCE CERTIFICATE OF SERVICE I, Jeffrey S. Shank, Esquire, hereby certify that I served a copy of the foregoing Rule to Show Cause and Petition for Enforcement of Postnuptial Agreement unto the following person by United States first class mail, addressed as follows: Mr. Eric W. Deiter 2A Princeton Street Duncannon, PA 17020 Date: By: i Respectfully submitted, GINGRICH, SMITH, KLINGENSMITH & DOLAN Jef?y S. Shank, Esquire, ID #74471 22 South Market Street, Suite 201 Elizabethtown, PA 17022 717-367-1370 Execution Original - September 18, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHIRLEY A. DEITER, ) AND ) ERIC W. DEITER ) No. POSTNUPTIAL AGREEMENT THIS POSTNUPTIAL AGREEMENT (Agreement), made this \? 0- day of , 2006, by and between SHIRLEY A. DEITER, (hereinafter referred to as Wife) and RIC W. DEITER (hereinafter referred to as Husband). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on April 17,1993 and entered into final separation April 15, 2005; AND WHEREAS, the parties have two (2) children of their marriage to each other; namely, Megan N. Deiter (7/2/94) and Emily Anne Deiter (5/8/96); AND WHEREAS, the parties have acquired certain marital property during the term of their marriage; AND WHEREAS, a Complaint in Divorce has or will be filed in Cumberland County by Wife and it is the intent of the parties to pursue the same to a final decree in divorce pursuant to Section 3301(c) of the Pennsylvania Domestic Relations Code; AND WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of all marital property; the settling of all matters between them relating to past, present and future support, alimony and/or maintenance; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates of any kind whatsoever; EXHIBIT I VAI I AND WHEREAS, the parties entered into an Agreement dated September 16, 2005 setting forth therein the obligation of each party pertaining to certain loan as specifically set forth therein. The parties hereby incorporate by reference herein the said Agreement and agree that the same shall continue in full force and effect; NOW, THEREFORE, in consideration of premises and 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. AGREEMENTNOTA BAR TODIVORCEPROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Husband or Wife 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 part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(C) of the Pennsylvania Divorce Code of 1980, as amended, and further intend to execute any and all documents in order to become divorced. 2. 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. 3. AGREEMENT TOBEINCORPORATEDINDIVORCEDECREE. Theparties agree that the terms of this Agreement may be incorporated into, but shall not merge with, any Decree which may be entered with respect to them in the event either party desires to incorporate this Agreement into said Decree. 4. 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. The transfer of property, funds and/or documents provided for herein shall take place according to the distribution schedule as more fully set forth herein and not on the date of execution of this Agreement. 5. SEPARATION. The parties agree their final separation was on April 15, 2005 and that it shall be lawful for each party at all times thereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or 2 unlawfulness of the causes leading to their living apart. 6. 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 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. 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. 7. MUTUAL RELEASE. 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 other 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 any or all causes of action for breach of any provisions of this Agreement. 8. DIVISIONOFPERSONAL PROPERTY. Personal property has been divided by the mutual agreement of the parties and Husband must remove all personal belongings by September 30, 2006. Thereafter, each party hereby specifically waives, releases, renounces and forever abandons any claims which he or she may have with respect to those items provided to the other, which shall hereafter be the sole and exclusive property of the party in possession of the same. Accounts: The parties agree and acknowledged to each other they have divided to their mutual satisfaction all checking, savings and banking accounts. Any bank account(s) remaining in the individual name of either party as of the date of this agreement, or established after separation even with marital funds, shall be and are owned by the party whose name is listed on the account. 9. AFTER ACQUIRED PERSONAL PROPERTY. Each of the parties after the date of separation shall thereafter own and enjoy, independently of any claims 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 all purposes, as though he or she were unmarried. 10. PROPERTY SETTLEMENT. Division, Not Sale. The division of property between Husband and Wife as forth in this Agreement is not intended by the parties to constitute in any way a sale or exchange of assets. The parties have attempted to effect an equitable distribution of their property without a taxable gain to either parry. A. Property Settlement Determination. The division of property set forth in this 3 Agreement has been freely made by the parties after each has made a complete financial disclosure to the other. Husband and Wife both voluntarily waive and relinquish their absolute right to obtain further disclosure of information and/or discovery regarding such accounts, property and/or a determination of the value of the marital portion of such accounts by an actuary or other qualified professional. In addition, Husband and Wife both voluntarily waive and relinquish their absolute right to obtain further disclosure of information and/or discovery regarding any other property or assets which is the subject of this agreement and/or determination of the value of such property or assets, by professional appraisal. or other available means. In reaching this property settlement the parties have considered all relevant factors, including those set forth in Section 3502 of the Pennsylvania Divorce Code: 1. The length of the marriage. 2. Any prior marriage of either party. 3. The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties. 4. The contribution by one party to the education, training, or increased earning power of the other party. 5. The opportunity of each party for future acquisitions of capital assets and income. 6. The sources of income of both parties, including but not limited to medical, retirement, insurance and other benefits. 7. The contribution of dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker. 8. The value of the property set apart to each other. 9. The standard of living of the parties established during the marriage. 10. The economic circumstances of each party at the time the division of property is to become effective. 10.1 The Federal, State, and local tax ramifications associated with each asset to be divided, distributed or assigned, which ramifications need not be immediate and certain. 4 10.2 The expense of sale, transfer or liquidation associated with a particular asset, which expense need not be immediate and certain. 11. Whether the party will be serving as the custodian of any dependant minor children. B. PropertyAcquired Subsequent to Agreement. It is further agreed that any and all personal property acquired by the parties subsequent to the date of this Agreement shall be the separate property of the party acquiring the same; and each party agrees, one with the other, that should it become necessary in the future in order to affect the sale or transfer of any property, real or personal, belonging to either of the parties, either party will sign promptly, any and all papers necessary or requisite to complete such transaction. C. Vehicles. Husband and Wife shall each retain ownership of the vehicles in their possession as of the execution date of this Agreement; as to Husband the 1988/89 is set off to him; as to Wife the 1996 Ford Explorer is set off to her; and each Husband and Wife shall, following the date of execution of this Agreement, be responsible for any and all past due, present or future expenses associated with such vehicle(s) retained. Husband and Wife, pursuant to this paragraph, should it be necessary, agree to execute any documents to effectuate the provisions of this paragraph. In addition, Husband is assigned the 33' camper and the collection of firearms. D. 147A Street, Carlisle, PA I7013(`property'): With respect to this property, Husband and Wife agree as follows: In consideration for the mutual promises herein, Husband hereby assigns to Wife all of his right, title and interest in and to the property located at 147 A Street, Carlisle, PA and upon presentation shall execute and deliver all documents in the usual form which may be necessary for conveying, transferring and granting to Wife all of Husband's right, title and interest in and to the property. EXCEPT FOR THE SOVEREIGN BANK LINE OF CREDIT (ACT.# 6817104084), THE PNC BANK LINE OF CREDIT (ACT. #4003048109103052), and the PNC BANK LINE OF CREDIT IN THE NAME OF HELEN M. VOGELSONG (ACT.#4003048013200190) which loans (lines of credit) may be secured by the property, or unsecured or secured by other collateral, and the repayment of the same shall be pursuant to the Agreement of September 16, 2005, which Agreement shall continue in full force and effect, and is incorporated herein, Wife agrees and does hereby assume as her sole obligation any and all past due, present and future mortgage payments, real estate taxes and all other expenses associated with the real estate and agrees to hold Husband harmless from any liability or obligation arising from any expense incurred in connection with the said property. 11. SPOUSAL SUPPORT, ALIMONYPENDENTE LITE AND ALIMONY WAIVERS: Husband and Wife do hereby waive, release and forever give up any rights either may have against the other for spousal support, alimony pendente lite, or alimony. 12. PENSION, PROFIT SHARING AND OTHER EMPLOYEE BENEFIT PROGRAMS AND/OR SELF-FUNDED RETIREMENT ACCOUNTS. Husband and Wife specifically release and waive any and all interests, claims or rights that he or she may have to any and all retirement benefits/accounts (including but not limited to pension and profit sharing plans) or other similar retirement benefits of the other party. The parties further acknowledge to each other and agree that they shall execute any documents pursuant to the law, rule or regulation that may be required from time to time to accomplish the purposes of this Paragraph. 13. INSURANCES. Husband and Wife hereby waive, release, and forever give up any rights they may have against the other for the providing of health insurance or other insurance coverage for either party or for the benefit of either party; PROVIDED, HOWEVER, in the event that Wife chooses to continue health insurance through a COBRA benefit at Wife's expense, Husband shall cooperate as necessary for Wife to obtain such benefit. 14. DEBTS. Except as otherwise provided herein, each parry shall be, and is hereby, responsible for the debts individually held or in the individual name of Husband or Wife and shall hold the other party harmless from any demands made as a result of the non-payment by the responsible party of any obligations due and owing. Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the or the estate of the other may be responsible or liable. 15. MODIFICATION. The provisions of this Agreement have been negotiated to take into account the overall economic circumstances, including the distributions to Husband and Wife, of the parties and were agreed to by both parties with the specific understanding that these provisions shall not be subject to modification by either party even upon a showing of material changes in financial circumstances and/or the employment status of either party. The only modifications of the provisions of this Agreement that may be effected are by mutual agreement of the parties executed with the same formality as this Agreement. 16. COUNSEL FEES. Each party agrees he/she shall be responsible for all counsel fees and costs incurred by him or her. 17. DIVORCE. The parties hereto reaffirm their desire, agreement and intention to enter into a mutual consent divorce under Section 3301 C of the Pennsylvania Divorce Code of 1980, as amended. Husband and Wife agree to pursue the divorce to a prompt conclusion and both parties agree to sign any and all necessary documents, including the Affidavit of Consent, immediately upon 6 request to do so by the other. The parties, in order to more fully effectuate economic justice without the need for debilitating, depressing and exhausting litigation, hereby agree that this Agreement being entered into with full knowledge of the Divorce Code, which became effective July 1, 1980. 18. 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 or 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 right to act as administrator or executor of the other's estate. 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 all such interests, rights and claims. 19. BREACH. In addition to any other rights and remedies of the parties hereinbefore set forth or otherwise, and not by way of limitation or restriction of such right and remedies, 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 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 legal fees and costs incurred by the other in enforcing their rights under this Agreement. 20. VOID CLA USES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 21. 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. 22. INDEPENDENTSEPARATE 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. 23. 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. 24. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as amended. 7 25. AGREEMENT BINDING ONHEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 26. ENTIREAGREEMENT. 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 and in entering this agreement neither Husband nor Wife has relied upon any representations made by each other. 27. 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 default of the same or similar nature. 28. WAIVER OF RIGHTS. The parties hereto acknowledge and agree that they have had the full, fair and complete opportunity to obtain legal counsel with respect to obtaining an explanation concerning the provisions of this Agreement and the legal effect thereof. Wife acknowledges that she is represented by Jeffrey S. Shank, Esquire and Husband acknowledges that he is unrepresented although has had the opportunity to obtain an attorney of his choosing prior to signing this Agreement. Husband and Wife each acknowledge that they execute this Agreement fully and freely of their own accord with no undue influence exercised on them to obtain its execution. 29. FINANCIAL DISCLOSURE. The parties acknowledge and agree that this Postnuptial Agreement is entered into by each of them based upon the familiarity of each of the parties concerning the other's financial circumstances/position and that they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. 30. BANKRUPTCY. The parties agree that none of Husband's obligations under the terms of this Agreement are intended to be a debt which is affected by a discharge in bankruptcy. They further specifically intend that Husband's obligations under the terms of this Agreement shall be non-dischargeable and not subject to discharge in bankruptcy because they acknowledge that, based upon the respective incomes, assets and needs of the parties and their households, the terms of this Agreement are necessary for Wife to meet her financial obligations and to support and maintain her standard of living and that of the parties' children whom from time to time may be residing with her. Husband represents that there are no bankruptcy proceedings presently pending in which he is involved. If Husband files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations of this Agreement are in the nature of maintenance and 8 support, and are not dischargeable under current bankruptcy law or under any amendment thereto. Further, if Husband institutes any action in bankruptcy or any other bankruptcy proceeding is instituted in which Wife's right to payments or property hereunder becomes a matter for judicial review, Husband agrees to consent to any motion filed by Wife with the bankruptcy courts, wherein she may request that the bankruptcy courts abstain from deciding the dischargeability of any and all obligations to her hereunder in order to allow the appropriate Court of Common Pleas to rule upon this issue. Further, in th event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim and exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this Agreement. IN WITNESS WHEREOF, the parties her hereto have set their hands and seals the date and year first above written. ,WITNESS: Shirle A. Deiter X _C_ (SEAL) ?1 • _ -- (SEAL) ric . D iter 9 COMMONWEALTH OF PENNSYLVANIA C u M(? e2 i-??•? SS: COUNTY OF On this, the 4a,1?p day of o twb "'-- , 2006, before me, a Notary Public, the undersigned officer, personally appeared ERIC W. DEITER known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public My Commission Expires: NOTARIAL SEAL JUDITH D. KAUFFMAN, Notary Public Borough of Carlisle, Cumberland County My Commission Expires March 10, 2007 COMMONWEALTH OF PENNSYLVANIA Q' 'A ?-t 6 C?-Q ,A6 ,> SS: LINTY OF ? •- NC-A CTE LA -- .:- -? _ _-- D On this, the day of 2006, before me, a Notary Public, the undersigned officer, personally appeared SHIRLEY A. DEITER, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public My Commission Expires: NOTARIAL SEAL JUDITH D. KAUFFMAN, Notary Public Borough of Carlisle, Cumberland County My Commission Expires March 10, 2007 10 ?TUG-28-2006 08:40A FROM: T0:3673219 P:2/3 ACREEAENT BETWEEN S1=,EY A. AND ERIC W. DEITER This document states d at the following debt incurred by Efic W. Niter and Shirley A. Deiter while living at 147 A StrccL, Carlisle PA 17013 wig be split 50150. 1. Sovercigp Dank Line of Credit Account number # 6817104084 in the current amount of $15,377.23. The current monthly payment is 5365.62 which would be split between the above parties in ft amount of 5182.81 due by the 15* of each month until paid in ill. 2. PNC Bank Line of Credit Account number # 4003048109103052 in the amount of $12,853.16 as of September 14„ 2005. The current monthly payment is St 11.32 which would be split between the above parries in the amount of $55.66 due by the 15'` of each month until paid in Rill. 3. PNC Bank Line of Credit Account number #4003048013200190 borrowed by Helen M. Vogelsong. These monies were provided for purchases of vehicles and for amain card payoffs. This was not a gift , we were both aware that we needed Lo pay it back in full. The current amount is. The current monthly payment is $115.12 which would be split between the above mentioned parties in tho amount of 557.56 due the 1 Ss' of each month until paid in ball. EACH FAR Y MUST HAVE TBE TOTAL PAYMEW OF $296.03 TN THE BANK BY THE 13"' OF THE MONTII SO PAYMWS CAN BE RECE M BY THE 15TH. Agnval upon on this ?_day Of _ M is 2005 and signed by: Mc W. Deiter c Shirley A et• COMMONWTsUM OF PENiNS WANIA SS: 17OUN-TY OF CUMBL AND Sworn and 3ubecribtsd b1° a, pubk, t him J.?+2 20 S NOTARIAL =011% IA. BUEK NOfJAl1Y PIM CARLISLE SOROUGK CLUMANI) COUNTY MY COMMI88ION 004M MAY 10, 2008 EXHIBIT 1 "B" C`.? ? ? -... r-? ::_ r ?. ? ?, ;? r ? ?C -tj _?, ?; ? .?- `4. No. 06-05886-CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHIRLEY A. DEITER, ) Plaintiff ) VS. ) ERIC W. DEITER, ) Defendant ) NO. 06-5886-CIVIL TERM ACTION IN DIVORCE AMENDED PETITION FOR ENFORCEMENT OF POSTNUPTIAL AGREEMENT DATED SEPTEMBER 22, 2006 AND AGREEMENT BETWEEN SHIRLEY A. AND ERIC W. DEITER DATED SEPTEMBER 16, 2005. The Petitioner, Shirley A. Deiter, by and through her attorney, Jeffrey S. Shank, Esquire of Gingrich, Smith, Klingensmith & Dolan, respectfully represents: 1. Paragraphs 1 through 6 of the Petition for Enforcement of Postnuptial Agreement dated September 22, 2006 and Agreement between Shirley A. and Eric W. Deiter dated September 16, 2005 are incorporated by reference as though set forth in full. 2. No Judge has ruled upon any other issue in the same or related matter. 3. Opposing party is pro se. The concurrence of any opposing counsel of record therefore is not able to be sought. WHEREFORE, Petitioner/Wife respectfully requests this Honorable Court enter an Order adjudicating Respondent/Husband in contempt of the said Agreement and further direct that Husband pay to Wife an amount necessary to cover her fees, costs and expenses in enforcing this Petition and an amount to bring current the obligations pursuant to both Agreements. Respectfully submitted, GINGRIC MIT GENSMITH & DOLAN Date: 1 By: Jeffr S. S , Esquire, ID #74471 South Market Street, Suite 201 Elizabethtown, PA 17022 717-367-1370 No. 06-05886-CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHIRLEY A. DEITER, ) Plaintiff ) vs. ) ERIC W. DEITER, ) Defendant ) NO. 06-5886-CIVIL TERM ACTION IN DIVORCE CERTIFICATE OF SERVICE I, Jeffrey S. Shank, Esquire, hereby certify that I served a copy of the foregoing Amended Petition for Enforcement of Postnuptial Agreement unto the following person by United States first class mail, addressed as follows: Mr. Eric W. Deiter 2A Princeton Street Duncannon, PA 17020 Respectfully submitted, GINGRICH, SMITH, KLINGENSMITH & DOLAN Date: © By: frey S. Shank, Esquire, ID #74471 222 South Market Street, Suite 201 Elizabethtown, PA 17022 717-367-1370 T ? 4 4 T D ? { E GY' ? Execution Original - September 18, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHIRLEY A. DEITER, ) AND ) ERIC W. DEITER ) No. POSTNUPTIAL AGREEMENT THIS POSTNUPTIAL AGREEMENT (Agreement), made this • zz day of , 2006, by and between SHIRLEY A. DEITER, (hereinafter referred to as Wife) and RIC W. DEITER (hereinafter referred to as Husband). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on April 17,1993 and entered into final separation April 15, 2005; AND WHEREAS, the parties have two (2) children of their marriage to each other; namely, Megan N. Deiter (7/2/94) and Emily Anne Deiter (5/8/96); AND WHEREAS, the parties have acquired certain marital property during the term of their marriage; AND WHEREAS, a Complaint in Divorce has or will be filed in Cumberland County by Wife and it is the intent of the parties to pursue the same to a final decree in divorce pursuant to Section 3301(c) of the Pennsylvania Domestic Relations Code; AND WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of all marital property; the settling of all matters between them relating to past, present and future support, alimony and/or maintenance; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates of any kind whatsoever; AND WHEREAS, the parties entered into an Agreement dated September 16, 2005 setting forth therein the obligation of each party pertaining to certain loan as specifically set forth therein. The parties hereby incorporate by reference herein the said Agreement and agree that the same shall continue in full force and effect; NOW, THEREFORE, in consideration of premises and 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. AGREEMENTNOTA BAR TODIVORCEPROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Husband or Wife 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 part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(C) of the Pennsylvania Divorce Code of 1980, as amended, and further intend to execute any and all documents in order to become divorced. 2. 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. 3. AGREEMENT TOBEINCORPORA TEDINDIVORCEDECREE. Theparties agree that the terms of this Agreement may be incorporated into, but shall not merge with, any Decree which may be entered with respect to them in the event either party desires to incorporate this Agreement into said Decree. 4. 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. The transfer of property, funds and/or documents provided for herein shall take place according to the distribution schedule as more fully set forth herein and not on the date of execution of this Agreement. 5. SEPARATION. The parties agree their final separation was on April 15, 2005 and that it shall be lawful for each party at all times thereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or 2 unlawfulness of the causes leading to their living apart. 6. 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 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. 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. 7. MUTUAL RELEASE. Subject to the provisions of this Agreement, each parry 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 other 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 any or all causes of action for breach of any provisions of this Agreement. 8. DIVISION OF PERSONAL PROPERTY. Personal property has been divided by the mutual agreement of the parties and Husband must remove all personal belongings by September 30, 2006. Thereafter, each party hereby specifically waives, releases, renounces and forever abandons any claims which he or she may have with respect to those items provided to the other, which shall hereafter be the sole and exclusive property of the party in possession of the same. Accounts: The parties agree and acknowledged to each other they have divided to their mutual satisfaction all checking, savings and banking accounts. Any bank account(s) remaining in the individual name of either party as of the date of this agreement, or established after separation even with marital funds, shall be and are owned by the party whose name is listed on the account. 9. AFTER ACQUIRED PERSONAL PROPERTY. Each of the parties after the date of separation shall thereafter own and enjoy, independently of any claims 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 all purposes, as though he or she were unmarried. 10. PROPERTY SETTLEMENT: Division, Not Sale. The division of property between Husband and Wife as forth in this Agreement is not intended by the parties to constitute in any way a sale or exchange of assets. The parties have attempted to effect an equitable distribution of their property without a taxable gain to either party. A. Property Settlement Determination. The division of property set forth in this 3 Agreement has been freely made by the parties after each has made a complete financial disclosure to the other. Husband and Wife both voluntarily waive and relinquish their absolute right to obtain further disclosure of information and/or discovery regarding such accounts, property and/or a determination of the value of the marital portion of such accounts by an actuary or other qualified professional. In addition, Husband and Wife both voluntarily waive and relinquish their absolute right to obtain further disclosure of information and/or discovery regarding any other property or assets which is the subject of this agreement and/or determination of the value of such property or assets, by professional appraisal or other available means. In reaching this property settlement the parties have considered all relevant factors, including those set forth in Section 3502 of the Pennsylvania Divorce Code: The length of the marriage. 2. Any prior marriage of either party. 3. The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties. 4. The contribution by one party to the education, training, or increased earning power of the other party. and income. 5. The opportunity of each party for future acquisitions of capital assets 6. The sources of income of both parties, including but not limited to medical, retirement, insurance and other benefits. 7. The contribution of dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker. The value of the property set apart to each other. 9. The standard of living of the parties established during the marriage. 10. The economic circumstances of each party at the time the division of property is to become effective. 10.1 The Federal, State, and local tax ramifications associated with each asset to be divided, distributed or assigned, which ramifications need not be immediate and certain. 4 10.2 The expense of sale, transfer or liquidation associated with a particular asset, which expense need not be immediate and certain. 11. Whether the party will be serving as the custodian of any dependant minor children. B. PropertyAcquired Subsequent to Agreement. It is further agreed that any and all personal property acquired by the parties subsequent to the date of this Agreement shall be the separate property of the party acquiring the same; and each party agrees, one with the other, that should it become necessary in the future in order to affect the sale or transfer of any property, real or personal, belonging to either of the parties, either party will sign promptly, any and all papers necessary or requisite to complete such transaction. C. Vehicles. Husband and Wife shall each retain ownership of the vehicles in their possession as of the execution date of this Agreement; as to Husband the 1988/89 is set off to him; as to Wife the 1996 Ford Explorer is set off to her; and each Husband and Wife shall, following the date of execution of this Agreement, be responsible for any and all past due, present or future expenses associated with such vehicle(s) retained. Husband and Wife, pursuant to this paragraph, should it be necessary, agree to execute any documents to effectuate the provisions of this paragraph. In addition, Husband is assigned the 33' camper and the collection of firearms. D. 147A Street, Carlisle, PA 17013("property'): With respect to this property, Husband and Wife agree as follows: In consideration for the mutual promises herein, Husband hereby assigns to Wife all of his right, title and interest in and to the property located at 147 A Street, Carlisle, PA and upon presentation shall execute and deliver all documents in the usual form which may be necessary for conveying, transferring and granting to Wife all of Husband's right, title and interest in and to the property. EXCEPT FOR THE SOVEREIGN BANK LINE OF CREDIT (ACT.# 6817104084), THE PNC BANK LINE OF CREDIT (ACT. #4003048109103052), and the PNC BANK LINE OF CREDIT IN THE NAME OF HELEN M. VOGELSONG (ACT.#4003048013200190) which loans (lines of credit) may be secured by the property, or unsecured or secured by other collateral, and the repayment of the same shall be pursuant to the Agreement of September 16, 2005, which Agreement shall continue in full force and effect, and is incorporated herein, Wife agrees and does hereby assume as her sole obligation any and all past due, present and future mortgage payments, real estate taxes and all other expenses associated with the real estate and agrees to hold Husband harmless from any liability or obligation arising from any expense incurred in connection with the said property. 5 11. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY WAIVERS: Husband and Wife do hereby waive, release and forever give up any rights either may have against the other for spousal support, alimony pendente lite, or alimony. 12. PENSION, PROFIT SHARING AND OTHER EMPLOYEE BENEFIT PROGRAMS AND/OR SELF-FUNDED RETIREMENT ACCOUNTS. Husband and Wife specifically release and waive any and all interests, claims or rights that he or she may have to any and all retirement benefits/accounts (including but not limited to pension and profit sharing plans) or other similar retirement benefits of the other party. The parties further acknowledge to each other and agree that they shall execute any documents pursuant to the law, rule or regulation that may be required from time to time to accomplish the purposes of this Paragraph. 13. INSURANCES. Husband and Wife hereby waive, release, and forever give up any rights they may have against the other for the providing of health insurance or other insurance coverage for either party or for the benefit of either party; PROVIDED, HOWEVER, in the event that Wife chooses to continue health insurance through a COBRA benefit at Wife's expense, Husband shall cooperate as necessary for Wife to obtain such benefit. 14. DEBTS. Except as otherwise provided herein, each party shall be, and is hereby, responsible for the debts individually held or in the individual name of Husband or Wife and shall hold the other party harmless from any demands made as a result of the non-payment by the responsible party of any obligations due and owing. Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the or the estate of the other may be responsible or liable. 15. MODIFICATION. The provisions of this Agreement have been negotiated to take into account the overall economic circumstances, including the distributions to Husband and Wife, of the parties and were agreed to by both parties with the specific understanding that these provisions shall not be subject to modification by either party even upon a showing of material changes in financial circumstances and/or the employment status of either party. The only modifications of the provisions of this Agreement that may be effected are by mutual agreement of the parties executed with the same formality as this Agreement. 16. COUNSEL FEES. Each party agrees he/she shall be responsible for all counsel fees and costs incurred by him or her. 17. DIVORCE. The parties hereto reaffirm their desire, agreement and intention to enter into a mutual consent divorce under Section 3301C of the Pennsylvania Divorce Code of 1980, as amended. Husband and Wife agree to pursue the divorce to a prompt conclusion and both parties agree to sign any and all necessary documents, including the Affidavit of Consent, immediately upon 6 request to do so by the other. The parties, in order to more fully effectuate economic justice without the need for debilitating, depressing and exhausting litigation, hereby agree that this Agreement being entered into with full knowledge of the Divorce Code, which became effective July 1, 1980. 18. 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 or 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 right to act as administrator or executor of the other's estate. 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 all such interests, rights and claims. 19. BREACH. In addition to any other rights and remedies of the parties hereinbefore set forth or otherwise, and not by way of limitation or restriction of such right and remedies, 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 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 legal fees and costs incurred by the other in enforcing their rights under this Agreement. 20. VOID CLA USES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 21. 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. 22. INDEPENDENTSEPARATE 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. 23. 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. 24. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as amended. 7 25. 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. 26. ENTIRE A GREEMENT. 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 and in entering this agreement neither Husband nor Wife has relied upon any representations made by each other. 27. 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 default of the same or similar nature. 28. WAIVER OF RIGHTS. The parties hereto acknowledge and agree that they have had the full, fair and complete opportunity to obtain legal counsel with respect to obtaining an explanation concerning the . provisions of this Agreement and the legal effect thereof. Wife acknowledges that she is represented by Jeffrey S. Shank, Esquire and Husband acknowledges that he is unrepresented although has had the opportunity to obtain an attorney of his choosing prior to signing this Agreement. Husband and Wife each acknowledge that they execute this Agreement fully and freely of their own accord with no undue influence exercised on them to obtain its execution. 29. FINANCIAL DISCLOSURE. The parties acknowledge and agree that this Postnuptial Agreement is entered into by each of them based upon the familiarity of each of the parties concerning the other's financial circumstances/position and that they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. 30. BANKRUPTCY. The parties agree that none of Husband's obligations under the terms of this Agreement are intended to be a debt which is affected by a discharge in bankruptcy. They further specifically intend that Husband's obligations under the terms of this Agreement shall be non-dischargeable and not subject to discharge in bankruptcy because they acknowledge that, based upon the respective incomes, assets and needs of the parties and their households, the terms of this Agreement are necessary for Wife to meet her financial obligations and to support and maintain her standard of living and that of the parties' children whom from time to time may be residing with her. Husband represents that there are no bankruptcy proceedings presently pending in which he is involved. If Husband files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations of this Agreement are in the nature of maintenance and 8 support, and are not dischargeable under current bankruptcy law or under any amendment thereto. Further, if Husband institutes any action in bankruptcy or any other bankruptcy proceeding is instituted in which Wife's right to payments or property hereunder becomes a matter for judicial review, Husband agrees to consent to any motion filed by Wife with the bankruptcy courts, wherein she may request that the bankruptcy courts abstain from deciding the dischargeability of any and all obligations to her hereunder in order to allow the appropriate Court of Common Pleas to rule upon this issue. Further, in th event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other parry pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim and exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this Agreement. IN WITNESS WHEREOF, the parties her hereto have set their hands and seals the date and year first above written. WITNESS: 1 1 1 (SEAL) Shirle A. Deiter (SEAL) ric . D iter 9 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF EANCA&TER On this, the 4?)`IDQ day of 2006, before me, a Notary Public, the undersigned officer, personally appeared ERIC W. DEITER known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public My Commission Expires: NOTARIAL SEAL JUDITH D. KAUFFMAN, Notary Public Borough of Carlisle, Cumberland County My Commission Expires March 10, 2007 COMMONWEALTH OF PENNSYLVANIA Q'uµd C?-- k kA SS: COUNTY OF L "''FR D On this, the day of 1,L,.2006, before me, a Notary Public, the undersigned officer, personally appeared SHIRLEY A. DEITER, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public My Commission Expires: NOTARIAL SEAL JUDITH D. KAUFFMAN, Notary Public Borough of Carlisle, Cumberland County My Commission Expires March 10, 2007 10 'AUG-28-2006 08:40A FROM: TO:3673219 P:2/3 AGREEMENT BETWEEN SI- IRLEY A. AND ERIC W. DETER This document atatcg Lhd the following debt lncu=i by Uric W. Deiter and Shirley A. Deiter while living at 147 A Strad, Carlisle PA 17013 will be spilt 50/50. 1. SovaVip Doak Lino of Credit Account ember # 6617104084 in the =nnt amount of $15,377.23. The current monthly payment is 5365.62 which would be A* between the above parties in aw amount of 3122,81 due by the 15* of each month until paid in &H. 2. PNC Bank Une of Credit Account amber # 4003043109103052 in the amount of 312,853.16 ns of September 14„ 2005. The cwrant morally payment is 5111.32 wbkh would be split behmen the above parties in the amount of $55.66 due by the 1 Vb of each month until paid in fall. 3. PNC Rank Line of Credit Account number #40030480 L3200190 burrowed by Helen M. Vagelsong. These monies were provided for p urbases of vdddo and fcrr credit card payoffs. This was nut a 0, we were both aware l at we needed Lo pay it bark in UL The current amount is . The current monthly payment is $115.12 which would be aplit between the above mentioned parties in the an?ount of S57.56 due the 156 of each month unfit pWd in W. EACH PARTY MUST HAVE THE TOTAL PAYMENT OF $296.03 TN THE BANK BY THE 13ttl OF THE MONT 11 SO PAYM MS CAN BE RECEIVED 13Y THE 15TH. Agival upon on this _day of in 2005 and signed by: Rric W. Deitcr Shirley A COMMONWEALTH OF PBN?iS ?LYAIVLA SS: 17OUNTY OF CUMBERLAND Swo n and wbacr W b .,\r,, l - ?? ? ? pubNc, d thb_L? 20 S PIM N. aELDEN,110TW PIl" CA"LE sOWXft COMELW WAW MY COMMM ON E8 MAY 10 8008 -, _rn tv SHIRLEY A. DEITER, PLAINTIFF VS. ERIC W. DEITER, DEFENDANT INTHE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION : NO. 06-5886 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 3301 (c) MOM of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: October 21, 2006, Certified Restricted Delivery Mail. 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff 9/29/08 ; by defendant 11/29/07 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: No claims pending. 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 plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: 12/11/07 Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: 12/11/07 Atto y for PlaintifflDe ftltlM C/IX `? N "? C7 ?' ?- C""J ?'T? -,-, ?`i i ; ( I 1 ?.? ?y K' i ? ? ? Jeffrey S. Shank, Esquire, ID #74471 No. 06-5886-Civil Term Gingrich, Smith, Klingensmith & Dolan 222 South Market Street, Suite 201 Elizabethtown, PA 17022 717-367-1370 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHIRLEY A. DEITER, ) Plaintiff vs. ) ERIC W. DEITER, ) Defendant ) NO. 06-5886-CIVIL TERM ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce code was filed on October 6, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 9/29/08 Shirley A. eiter 71- L r' r T ? y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SHIRLEY A. DEITER, DIVORCE r ., AND NOW, l/?i? ,v- IT IS ORDERED AND VERSUS ERIC W. DEITER, DEFENDANT No. 06-05886 DECREE IN DECREED THAT AND PLAINTIFF SHIRLEY A. DEITER ERIC W. DEITER ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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; The Postnuptial Agreement dated September 22, 2006 is hereby incorporated but not PROTHONOTARY -A+ -g /T--,anv ;v , 's - -,?Pv -' 4?v 5v- ?; - SHIRLEY A. DEITER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ERIC W. DEITER, DEFENDANT NO. 06-5886 CIVIL IN RE: PETITION FOR ENFORCEMENT OF POSTNUPTIAL AGREEMENT DATED SEPTEMBER 22, 2006, AND AGREEMENT BETWEEN SHIRLEY A AND ERIC W DEITER DATED SEPTEMBER 16, 2005 ORDER OF COURT AND NOW, this 10th day of October, 2008, upon consideration of the Petition for Enforcement of Postnuptial Agreement dated September 22, 2006, and agreement between Shirley A. and Eric W. Deiter dated September 16, 2005 filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before October 31, 2008; 3. The Prothonotary shall forward said Answer to this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute and the hearing will be cancelled. 5. If the Defendant files an Answer, a hearing shall be held on Wednesday, March 4, 2009, at 1:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, 1%`-, ?A4 M. L. Ebert, Jr., J. ti .d I)t•, t i „F, i.i 2 j Y`a i ? i ? ?il ?1}4 Zieffrey S. Shank Esquire Attorney for Plaintiff Eric W. Deiter Defendant bas C16P g'Es LL lo/M)`v0 tT/Vl No. 06-5886 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHIRLEY A. DEITER, ) Plaintiff ) vs. ) ERIC W. DEITER, ) Defendant ) NO. 06-5886-CIVIL TERM ACTION IN DIVORCE PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the above-named Plaintiff by and through her attorney, Jeffrey S. Shank, Esquire of Gingrich, Smith, Klingensmith & Dolan, and files this Motion to Make Rule Absolute as follows: Your Petitioner is Shirley A. Deiter, an adult individual, appearing in this action by and through her attorney, Jeffrey S. Shank, Esquire. 2. The Respondent is Eric W. Deiter, an adult individual, appearing in this action pro se, residing at 2A Princeton Street, Duncannon, PA 17020. By Order of Court dated October 10, 2008, this Honorable Court entered a Rule upon the Defendant to show cause why the relief requested in the underlying enforcement petition should not be granted. Attached is a copy of said Order. 4. The Order provides the Defendant will file an Answer on or before October 31, 2008. 5. No answer to date has been filed. 6. Petitioner desires to make the Rule Absolute and proposes enforcement remedies in the attached order. 3 No. 06-5886 WHEREFORE, Petitioner respectfully requests this Honorable Court make the Rule Absolute and enter the order of enforcement as proposed. Respectfully submitted, GINGRICH, SMITH, KLINGENSMITH & DOLAN Date: By: Jeffrey hank, Esquire, ID #74471 At ev for Petitioner 4 No. 06-5886 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHIRLEY A. DEITER, ) Plaintiff ) vs. ) ERIC W. DEITER, ) Defendant ) NO. 06-5886-CIVIL TERM ACTION IN DIVORCE CERTIFICATE OF SERVICE I, Jeffrey S. Shank, Esquire, hereby certify that I served a copy of the Order and Petition to Make Rule Absolute, titled and captioned above, to the following person by United States first class mail, addressed as follows: Mr. Eric W. Deiter 2A Princeton Street Duncannon, PA 17020 By: Date: 41111 0 Respectfully submitted, GINGRICH, SMITH, KLINGENSMITH & DOLAN . iIrey S. Shank, Esquire, ID #74471 ttorney for Petitioner 5 SHIRLEY A. DEITER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ERIC W. DEITER, DEFENDANT NO. 06-5886 CIVIL IN RE: PETITION FOR ENFORCEMENT OF POSTNUPTIAL AGREEMENT DATED SEPTEMBER 22, 2006, AND AGREEMENT BETWEEN SHIRLEY A AND ERIC W DEITER DATED SEPTEMBER 16.2005 ORDER OF COURT AND NOW, this 10`h day of October, 2008, upon consideration of the Petition for Enforcement of Postnuptial Agreement dated September 22, 2006, and agreement between Shirley A. and Eric W. Deiter dated September 16, 2005 filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before October 31, 2008; 3. The Prothonotary shall forward said Answer to this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute and the hearing will be cancelled. 5. If the Defendant files an Answer, a hearing shall be held on Wednesday, March 4, 2009, at 1:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. x a , awl By the Court, - ' A& M. L. Ebert, Jr., J EXHIBIT "All Jeffrey S. Shank, Esquire Attorney for Plaintiff Eric W. Deiter Defendant bas t-j r?. SHIRLEY A. DEITER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ERIC W. DEITER, DEFENDANT NO. 06-5886 CIVIL ORDER OF COURT AND NOW, this 4th day of December, 2008, upon consideration of the Plaintiff's Petition to Make Rule Absolute and the Court noting that the Defendant has failed to file an Answer as required by the Order of Court dated October 10, 2008, IT IS HEREBY ORDERED AND DIRECTED that the Rule issued on October 10, 2008, is hereby made absolute. The Defendant is directed to pay the Sovereign Bank Line of Credit and the PNC Bank Line of Credit as provided for in the Agreements dated September 16, 2005 and September 22, 2006. IT IS FURTHER ORDERED AND DIRECTED that the parties shall be present for the hearing previously scheduled for March 4, 2009, at 1:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania, at which time the issues of wage attachment and attorney's fees will be addressed. IT IS FURTHER ORDERED AND DIRECTED that the Plaintiff is directed to serve a copy of this order on the Defendant and provide proof of service to the Court on or before December 31, 2008. By the Court, M. L. Ebert, Jr., J. 'z kd '?' 330 8882 /Jeffrey S. Shank, Esquire Attorney for Plaintiff Eric W. Deiter Defendant bas math Cp t'es Jeffrey S. Shank, Esquire, ID #74471 Gingrich, Smith, Klingensmith & Dolan 222 South Market Street, Suite 201 Elizabethtown, PA 17022 717-367-1370 Attorney for Plaintiff NO. 06-5886-CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHIRLEY A. DEITER, Plaintiff NO. 06-5886-CIVIL TERM vs. ERIC W. DEITER, Defendant TO THE PROTHONOTARY: ACTION IN DIVORCE PRAECIPE Please mark upon the docket, per the Order of Court dated December 4, 2008, Plaintiff through her attorney did send a copy of said Order of Court to Defendant, Eric W. Deiter, via first class mail and certified mail, return receipt requested. Proof of service to be filed by December 31, 2008, per Order. At this time the certified mail bearing receipt number 7007 2560 0003 1796 8553, is being returned "unclaimed". A copy of the United States Postal Service Track & Confirm results are attached hereto. Constable service will now be attempted. Date: 6 Respectfully submitted, GINGRICH, SMITH, K ENSMITH & DOLAN Jefgey S. ? iank, Esquire, ID #74471 USPS - Track & Confirm Page 1 of 1 iUNI TEDSTMES POSTAL. SERVICEe Home I Help I sign In Track & Confirm FAQ* Track & Confirm Search Results Label/Receipt Number: 7007 2560 0003 1796 8553 Status: Unclaimed Your item was returned to the sender on December 26, 2008 because it was not claimed by the addressee. t Adafit ?ef f#efa?> Rotom to U c Home > Track & Confirm Enter Label/Receipt Number. Notdication Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. `J Site M.ap Contact Us Forms Gov't $ervices Jobs Privacy Policy Terms. of use National &.Pr..e..mier Acco..unts Copyright©1999-2007 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA iI I http://trkenfrml.smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 12/29/2008 USPS - Track & Confirm Page 1 of 1 • UNMED STATES POSIAL SERWEe Home Help I S?n._I.n Truk _& Confirm FA-Qs Truk & Confirm Search Results Label/Receipt Number: 7007 2560 0003 1796 8553 Detailed Results: Unclaimed, December 26, 2008, 9:51 am, DUNCANNON, PA Notice Left, December 13,2008,10:29 am, DUNCANNON, PA 17020 • Notice Left, December 10, 2008,9:29 am, DUNCANNON, PA 17020 x< Bgek 'a ( Rsttirn to G.s Hortr; Track 8t Confirm Enter Label/Receipt Number. (0> > `) Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. 4 loo a ;i Site Map Contact Us Forms Gov't $ervices Jobs Pnvacy.Policy Terms of Use National & Premier Accounts Copyright©1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA I http://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabelDetail.do 12/29/2008 Jeffrey S. Shank, Esquire, ID #74471 06-5886-Civil Term GINGRICH, SMITH, KLINGENSMITH & DOLAN 222 South Market Street, Suite 201 Elizabethtown, PA 17022 717-367-1370 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHIRLEY A. DEITER, Plaintiff ) vs. ) ERIC W. DEITER, ) Defendant ) NO. 06-5886-CIVIL TERM ACTION IN DIVORCE CERTIFICATE OF SERVICE I, Frank Bishop, Constable, hereby certify that I duly served the Order of Court dated December 4, 2008, titled and captioned above to the above-named Defendant, Eric W. Deiter, on theQ 70, day of , 2009 at ) y ;? hours, by hand-delivering the same to him at the address below: Mr. Eric W. Deiter a,- A PRXNCMN 5TREE-r P? I ICtoaO r Frank Bishop, Constab)oe can= o. WdWA C*Wwwe SHIRLEY A. DEITER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ERIC W. DEITER, Defendant NO. 06-5886 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of March, 2009, after hearing in the above-captioned matter, the Court does find for the Plaintiff. Defendant shall pay the monies owed pursuant to the parties' postnuptial agreement signed by the Defendant. IT IS HEREBY ORDERED AND DIRECTED that the Defendant shall facilitate a wage attachment in the amount of $300.00 from his unemployment compensation or any employment he shall obtain hereafter until the balances owed pursuant to his agreement with Shirley Deiter are paid off. IT IS FURTHER ORDERED AND DIRECTED that the Defendant shall pay the sum of $1,000.00 in attorney's fees to Plaintiff's counsel on or before the close of business on June 30th, 2009. By the Court, S\ A M. L. Ebert, Jr., J. ZAngela F. Rieck, Esquire For the Plaintiff Eric W. Deiter 40 South Newport Road Duncannon, PA 17020 :lfh 3 `10? ftj;atLZL 1'?1 A INS-N N:1d awl 5h ; Kd 9- v 4 Awl M. L. EBERT, JR. JUDGE ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 021 A $00 -420 0004531598 MAR09 2009 MAILED FROM Zip rODE 17013 N Eric W Deiter ` 40 South Newport Road Duncannor. 2v *4'2v 9C: 17013 a?- it, 'I" ?, ,r S !!4 00bp1:Tf lfs RNoUSUCHONUMB? UNA®LE TO FORW RCS *0119- 034222 -0.9-30 c;v A -1 ck Pk M. L. EBERT, JR- JUDGE ONE COURTHOUSE CARLISLE. PA 'Opoft ,rrE®, W-0-!0-001 4? . 02 11, ?Mg 1?6 2009 0004631598 MAILED FROM ZIPOODE 17013 Eric Deiter 48 Newport Road, Ql igl c?? , NEE 1 aos'C 04 Duncannor 17g RETURN TO SENDER DE2TERMOVE0 LEFT No ADDRES'? 31.r To ropWARD UNfiRETURN 70 s,E?D4 9-OOg96 18-41 ac: 17033 5. The Respondent owes the Petitioner a total of Ten Thousand and no/100 ($10,000.00) Dollars plus One Thousand and no/100 ($1,000.00) Dollars in legal fees to Petitioner's fortner counsel, Angela F. Rieck. Esq. 6. The Petitioner seeks an Order of Court which requires the Respondent to pay the sum of Three Hundred and no/100 ($300.00) Dollars per month by means of a wage attachment paid through Domestic Relations and added to the current Domestic Relations Order of Court at PACSES Case Number 827102010. Said Order will continue after any child support portion ends until the balance of $10,000.00 is paid in full. In the alternative, the Petitioner seeks a lump sum payment of $10,000.00 7. Thc rctitioncr seeks rcasonable legal fecs for her current legal counsel and payment of the amount due to her previous legal counsel. WHEREFORE, the Petitioner, Shirley A. Deiter, seeks a rule to show cause why the Petitioner should not receive an Order by the Court which requires the Respondent to pay the above sum of $300.00 per month through Domestic Relations as well as reasonable legal fees and the costs required to pursue this Petition for Special Relief. Respectfully submitted, IRWIN & McKNIGHT By: Marcus . M i t, III, Esquire 60 West Pom " Carlisle, PA 17013 717-249-2353 Supreme Court I.D. No: 25476 Attorney for the Plaintiff/Petitioner, Shirley A. Deiter Date: November 10, 2011 3 EXHIBIT "A" SHIRLEY A. DEITER, . IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA V. . ERIC W. DEITER, . Defendant N0. 06-5886 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of March, 2009, after hearing in the above-captioned matter, the Court does find for the Plaintiff. Defendant shall pay the monies owed pursuant to the parties' postnuptial agreement signed by the Defendant. IT IS HEREBY ORDERED AND DIRECTED that the Defendant shall facilitate a wage attachment in the amount of $300.00 from his unemployment compensation or any employment he shall obtain hereafter until the balances owed pursuant to his agreement with Shirley Deiter are paid off. IT IS FURTHER ORDERED AND DIRECTED that the Defendant shall pay the sum of $1,000.00 in attorney's fees to Plaintiff's counsel on or before the close of business on June 30th, 2009. By the Court, M. L. Ebert, Jr., J. Angela F. Rieck, Esquire For the Plaintiff Eric W. Deiter 40 South Newport Road Duncannon, PA 17020 :lfh . . . '`~•i . . . . ~ Kze4z . ..~~`jN~ gw'~ . t1...~ ~o . i VERIFICATION The foregoing Petition is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. SHIRLEY . DEITER Date: November 10, 2011 4 SHIRLEY A. DEITER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner, : CUMBERLAND COUNTY, PENNSYLVANIA V. . CIVIL ACTION - LAW . 2006 - 5886 CIVIL TERM ERIC W. DEITER, . Defendant/Respondent . IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Eric A. Deiter 289 East Juniata Pazkway Newport, PA 17074 IRWIN & KNIGHT, P 4 By: Marcu A. Mc ight, III, Esquire 60 We Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: November 14, 2011 5 SHIRLEY A. DEITER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2006 - 5886 CIVIL TERM ERIC W. DEITER, Defendant/Respondent IN DIVORCE NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT BY DEFAULT HAS BEEN ENTERED r 10 411"I.Jc a AGAINST YOU IN THE ABOVE PROCEEDING M THE AMOUNT OF $1 fr?5. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE ('ALL IRWIN & McKNIGHT, P.C. AT 717.249.2353. IRWIN & cKNIG , P.C. Marcu§ A. McKnight, III, quire Supreme Court I.D. No. 25476 60 West Pomfret Street ? Carlisle, Pennsylvania 17013-3222 Date: July 2, 2012 Attorney for Plaintiff Date: U PROTHONOTARY SHIRLEY A. DEITER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2006 5886 CIVIL TERM ERIC W DEITER c 1 . , Defendant/Respondent IN DIVORCE rrW s- C) N PRAECIPE TO ENTER JUDGMENT ? C) r ?o x To The Prothonotary: CO Kindly enter judgment in favor of the Plaintiff and against the Defendant o n the attached Order of Court signed by the Honorable M. L. Ebert, Jr., dated December 5, 201 N and rendered following a hearing on December 5, 2011. Please assess judgment in favor of Plaintiff as follows: Amount of Judgment $10,400.00 Costs of Suit ( Attorney Fees-Irwin & McKnight, P.C.) $ 650.00 Interest from 12/05/11 to 07/02/12 $ 386.75 TOTAL $11,436.75 IRWIN & M09NIGHT, P.C. Date: July 2, 2012 Man a cKnight, III, Es4Rir Su reme ourt I.D. No. 25476 ' 60 est Pomfret Street Carlis e, s lvania 17013-3222 (717) 249-2353 ''--- Attorney for Plaintiff p7 7 y ? 1 iv"4 f,, A", Jed 2 SHIRLEY A. DEITER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2006 - 5886 CIVIL TERM ERIC W. DEITER, Defendant/Respondent IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, do hereby certify that I have served a true and correct copy of the Praecipe to Enter Judgment upon the person indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Eric W. Deiter 289 East Juniata Parkway Newport, PA 17074 Date: July 2, 2012 IRWIN & McNAIGHT, Marcus t. McKnight, III, Es it Suprem ourt o. L5476 60 West Po ret Street Carlisle, Pe sylvania 17013-3222 (717) 249-235 Attorney for Plaintiff 3