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HomeMy WebLinkAbout06-7125 Melanie L. Erb Attorney for Plaintiff 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 merb@scaringilaw.com 717-657-7770 DAVID L. DEIHL, Plaintiff V. PATTY L. DEIHL Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO.: ?b l/oN C I-Li ? C--T??k77 : 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 may be entered against you by the court. A judgment may 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 is available in the Office of the Prothonotary at the Cumberland County Courthouse, 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 LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. MidPenn Legal Services, Inc. 213A North Front Street Harrisburg, PA 17101 1-800-932-0356 Lawyers Referral Services 100 South Street P.O. Box 186 Harrisburg, PA 17108 1-800-692-7375 DAVID L. DEIHL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.: PATTY L. DEIHL : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above-captioned action in divorce. By virtue of Section 3302 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling, please advise in writing promptly by replying to: Prothonotary, Cumberland County Courthouse, Carlisle, PA 17013. 4 DAVID L. DEIHL, Plaintiff V. PATTY L. DEIHL Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.: Off- 7/?Sv?L? : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. The Plaintiff is DAVID L. DEIHL, who currently resides at 464 Poplar Church Road, Camp Hill, Pennsylvania, 17011, Cumberland County since 1992. 2. Defendant is PATTY L. DEIHL, who currently resides at 464 Poplar Church Road, Camp Hill, Pennsylvania, 17011, Cumberland County since 1992. 3. Plaintiff has been a bonafide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff avers that Defendant has also been a bonafide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 5. Plaintiff and Defendant were married on May 30, 1992, in Carlisle, Cumberland County, Pennsylvania. 6. Plaintiff and Defendant have lived in the same residence, but as two individuals, separate and apart since October 2, 2006 7. There have been no prior actions of divorce or annulment between the parties. 8. The marriage is irretrievably broken. 9. Plaintiff avers that neither party is an active member of the United States Military or its allies. 5 10. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. Being so advised, Plaintiff waives that right. 11. Plaintiff avers that Defendant has been advised of the availability of counseling and that Defendant may have the right to request that the Court require the parties to participate in counseling. 12. Plaintiff avers the grounds for divorce: a. The marriage is irretrievably broken; b. The parties consent to the divorce; or in the alternative, c. The parties have lived separate and apart for a period of two (2) years. WHEREFORE, Plaintiff, DAVID DEIHL, respectfully requests this Honorable Court enter a Decree in Divorce pursuant to Section 3301 (c) or (d) of the Divorce Code. COUNT I - EQUITABLE DISTRIBUTION 13. Paragraphs 1 through 12 above are incorporated herein by reference as though set forth in full. 14. During the marriage, Plaintiff and Defendant have acquired various items of marital property and debt, both real and personal, which are subject to equitable distribution under the Divorce Code. 15. Plaintiff and Defendant are attempting to reach an agreement as to equitable distribution. 16. In the event the parties are unable to reach an agreement, Plaintiff requests that the Court equitably divide all marital property and debt. 6 WHEREFORE, Plaintiff, DAVID DEIHL, respectfully requests this Honorable Court equitably distribute all property, both real and personal, tangible and intangible, and debt, acquired by the parties during the marriage. Respectfully submitted, el rb, Es hff ire Sc gi & Scaringi, P.C. Supreme Court ID No. 84445 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 ATTORNEY FOR PLAINTIFF 7 VERIFICATION I, DAVID L. DEIHL, verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. P DA DAVID L. DEIHL 8 ? ? '?. 1 0. 1 ? o a ? ? ? p ? ?? ?. _ ?? ? _? r-n a ?- ? ?_ ? ? _ ?- -? ? _, .?- { ?. A DAVID L. DEIHL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.: 06-7125 Civil Term PATTY L. DEIHL, : CIVIL ACTION - LAW Defendant : IN DIVORCE MARITAL SETTLMENT AGREEMENT THIS AGREEMENT, made "'oO7 7day of14*.-y , 200, by and between DAVID L. DEIHL, hereinafter referred to as "HUSBAND", and PATTY L. DEIHL, hereinafter referred to as "WIFE", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 30, 1992 in Cumberland County, Pennsylvania; WHEREAS, differences have arisen between Husband and Wife in consequence of which they have determined to live separate and apart from each other, and that they shall be divorced from the bonds of matrimony. WHEREAS, Husband and Wife 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 real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates and in obtaining a Divorce Decree. NOW THEREFORE, for and in consideration the mutual promises herein contained, and in consideration of other good and valuable considerations, and intending to be legally bound hereby, the parties mutually promise, covenant and agree as follows: 1. Agreement Not A Bar To Divorce Proceedings: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a 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 parry 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. 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. Personal Rights: A. It shall be lawful for each party at all times hereafter 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 provisions of this Agreement shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. B. 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 2 provisions of this Agreement. Neither party shall molest the other or attempt to or 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. 4. Entire Agreement: This Agreement represents the entire agreement between the parties. There are no representations, promises, agreements, conditions, or warranties between the parties other than those set forth herein. 5. DiscovmXinancial Disclosure: The parties agree and acknowledge that they have each had an opportunity to conduct discovery and investigation of the assets and debts of both parties. The parties agree and acknowledge that they have made full and fair disclosure of all of their assets and income, as well as debts, to the other party. The parties acknowledge that they have both been given the opportunity to conduct investigation into all assets and debts, whether separate or marital, prior to entry into this Agreement. Both Husband and Wife acknowledge that they have had full and fair disclosure of all assets and debts prior to the execution of this Agreement. Furthermore, the parties acknowledge that they have both had full disclosure as to both parties' income and financial condition. 6. Debts Of The Parties: Husband and Wife each represent and warrant to each other that from and after the date of their separation, he or she respectively has not or will not contract or incur any debt or liability for which he and she respectively or his or her estate might be responsible, and shall indemnify and save harmless Husband and Wife from any and all claims or demands made against 3 him or her, respectively, by reason of any such debts or obligations incurred by him or her after the date of their separation, except as indicated in this Agreement. The parties shall assume full responsibility for any credit card debt which is now or in the future held in his or her name individually. Husband and Wife shall hold each other harmless from any liability and/or damage whatever that accrues to Husband/Wife as a result of failure of Husband/Wife respectively, to fulfill the total obligation which he/she hereby agrees to assume. 7. Spousal Support, Alimony, Alimony Pendente Lite, Counsel Fees and Costs: The parties agree that each shall forever waive, release and abandon any and all claims for spousal support, alimony, alimony pendent elite, counsel fees and costs. 8. Real Estate: The parties agree that they are joint owners of a parcel of real estate, which is located at 464 Poplar Church Road, Camp Hill, Cumberland County, Pennsylvania. The parties agree the marital residence is secured by a Mortgage held by Countrywide or its assigns, with an approximate balance of $54,202.98. The loan is in the names of both Husband and Wife. The Parties agree that the marital residence shall immediately be listed for sale and remain listed for sale until sold. Any and all proceeds from the sale of the residence, after the mortgage is satisfied, shall be divided evenly between the Parties. In the interim, both parties shall be responsible for any and all past, present and future mortgage payments, real estate taxes and other liabilities associated with the marital residence and the real estate upon which it sits. 9. Personal Property: The parties declare that they have secured possession of all personal property separately and individually owned by each parry and further, that they have divided all jointly owned personal property between themselves, except as may be touched upon and described herein, 4 and that the right, title and interest of each of the parties hereto in the items of jointly held personal property now possessed by each party shall be hereafter deemed the separate and sole property of the possessor of same. 10. Motor Vehicles: Husband and Wife have already divided all motor vehicles owned by them on the date of separation. Title to the 1999 Mazda Protege, the 1994 Ford Ranger, and the 2001 Volkswagon Jetta, none of which are subject to a lien, shall be transferred to the parry maintaining possession of each of those vehicles within thirty (30) days of signing this Agreement. 11. Retirement Plans and Insurances: Husband and Wife agree that each does hereby specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401(k) Plan, 403(b) Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or other retirement plan or plans of the other Parry, acquired in the past or future by the other party, whether acquired through said Party's employment or otherwise (hereinafter "Retirement Plans"). The parties agree, upon demand of the other party or the other parry's Retirement Plan Administrator, to execute any and all documents necessary to effectuate this paragraph. Hereafter, the Retirement Plans shall become the sole and separate property of the Parry in whose name or through whose employment said plan or account is held or carried. If either Party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this paragraph, then that Party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. Husband and Wife agree that each does hereby specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any insurance policy or insurance account of the other party, acquired in the past or future by the other parry, whether acquired through said party's employment or other wise. Hereafter, the insurance polices shall become the sole and separate property of the party in whose name or through whose employment said policy or account is held or carried. If either party withdraws any sums from the insurance policies or accounts distributed to him or her pursuant to the terms of this paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. As of the date of this Agreement, neither party shall be obligated to maintain any life insurance policy on himself or herself for and on behalf of the other. Neither party shall be the beneficiary of any life insurance policy that insures the life of the other. Each party specifically releases, waives and forever discharges any right that he or she may have now or in the future as beneficiary or named beneficiary of life insurance or death benefits of the other. Each party forever releases and discharges the other from any claim or action for such rights. 12. Health Insurance and Unreimbursed Medical Expenses: Husband and Wife agree that each shall be responsible to provide his or her own health insurance coverage upon finalization of the divorce. Husband and Wife agree that each shall be responsible for his or her own unreimbursed medical expenses. Husband and Wife shall hereby release and hold each other harmless from any liability that may accrue to each other as a result of failure to pay for his or her own unreimbursed medical expenses. 13. No-Fault, Uncontested, Consent Divorce: The parties agree to execute the Affidavit of Consent and Waiver of Notice of Intention to Seek Entry of Divorce Decree upon the expiration of the ninety day period from the date of service of the Divorce Complaint upon Wife. Husband will then file the Praecipe to Transmit the Record and provide a certified copy of the Divorce Decree to Wife. 6 14. Mutual Cooperation: Husband and Wife agree that each will forthwith (and within at least ten (10) days after demand therefore) execute any and all writings, instruments, assignments, or releases, satisfactions, deeds, mortgages or such other writings as may be desirable or necessary for the proper effectuation of this Agreement. 15. Bankruptcy: The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. The payments called for in this Agreement are not intended to be a debt which is affected by a discharge in bankruptcy and the terms of this Agreement are not subject to discharge in bankruptcy because the parties acknowledge that such are necessary for the parties to meet their financial obligations and to support and maintain their standard of living as well. The parties acknowledge that there are not bankruptcy proceedings presently pending and they agree not to file a bankruptcy action prior to the completion of their respective obligations pursuant to this Agreement. Furthermore, any debt addressed in this Agreement shall not be dischargeable by or on behalf of one of the parties hereto. Also, if either party files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations in the nature of maintenance and support are not dischargeable under current bankruptcy law or under any amendment thereto. 7 Further, if either party institutes any action in bankruptcy or any other bankruptcy proceeding is instituted in which a party's right to have payments made by the other becomes a matter for judicial review, the parties agree to consent to any motion filed by the other with the bankruptcy courts, wherein the party may request that the bankruptcy courts abstain from deciding the dischargeability of said obligation and other obligations to said party thereunder in order to allow the appropriate Court of Common Pleas to rule upon the issue. 16. Reconciliation: This Agreement will remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or attempt to reconcile. There shall be no modification or waiver of any of the terms hereof unless the parties in writing, signed by both parties execute a statement declaring this Agreement or any term of this Agreement null and void. 17. Modification and Waiver: A modification or waiver of any 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. 18. Advice of Counsel: This Agreement contains the entire understanding of the parties who expressly acknowledge that this Agreement has been entered into by his or her own volition, with full knowledge of the facts and full information as to the legal rights and liabilities of each other, after consultation with counsel of his or her own choosing, or being informed to retain counsel of his or her own choosing, and each believes this Agreement to be reasonable under the circumstances, being fully informed of all property owned by each other, and each hereby acknowledges that there have been and are no representations, warranties, covenants or agreements other than those expressly set forth herein. HUSBAND, DAVID L. DEIHL, IS REPRESENTED BY MELANIE L. ERB, ESQUIRE. WIFE, PATTY L. DEIHL, IS UNREPRESENTED BUT HAS BEEN ADVISED THAT SHE HAS THE RIGHT TO HAVE THIS AGREEMENT REVIEWED BY AN ATTORNEY PRIOR TO SIGNING THIS AGREEMENT. 19. Negotiations By Parties: Each party acknowledges that the terms of this Agreement were negotiated directly by each other. Each party has instructed his or her attorney to refrain and each party has himself and herself refrained from undertaking formal discovery proceedings, accounting procedures or other investigative efforts authorized by law in order to obtain an early, amicable and expeditious settlement of the dissolution of their marriage. Each party further agrees and acknowledges that his or her attorney has not undertaken any independent investigation or engaged in formal or informal discovery proceedings relating to the extent or value of assets described herein, but has relied solely upon information supplied by the parties relating to those matters and upon the terms and conditions negotiated by the parties, and any appraisals that might have been obtained by the parties. 20. Tax Advice: Each party acknowledges that his or her counsel has not made any representations to that party regarding the tax consequences or tax effect of any of the matters set forth herein, and has instead advised him or her to seek the assistance of an accountant or tax attorney to provide advice as to the tax consequences of this Agreement or any ramifications thereof, and that each party's counsel has given no recommendation, advice, opinion or statement concerning the tax consequences of this Agreement. 9 21. Agreement Binding on Heirs: The death of either party hereto shall not terminate the requirements of this Agreement for any and all payments or settlements to be made hereunder. Any payments due hereunder shall be made by the personal representative or executor of the deceased from his or her estate. This Agreement shall be binding upon the heirs, executors, administrators, legal representatives and assigns of both parties hereto. 22. Mutual Release: Husband and Wife each does hereby mutually release, remise, quit-claim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles 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 each other, of whatever nature and wheresoever situate, which she or he now has, or at any time hereafter may have against each other, the estate of the other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of the other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's rights or widower's rights, family exemption or similar allowance, or under the Intestate Law, or the rights to take against the spouse's Will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of the surviving spouse to participate in a deceased spouse's estate or any right which a wife or a husband may have or at any time hereafter may have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital separation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any part hereof. It is the intention of Husband and Wife to give each other by the execution of this 10 Agreement a full and complete general release with respect to any and all property of any kind or nature, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatever nature arising or which may arise under this Agreement or for the breach of any part of this Agreement, subject, however, to the implementations and satisfaction of the conditions precedent as set forth herein above. 23. General Duty to Indemnify: Each Party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement, on which the other Party is or may be liable. Each Party covenants that if any claim, action or proceeding is initiated seeking to hold the other Party liable for any debt, obligation, liability, act, or omission related to the marriage of the Parties for which that Party is responsible under the terms of this Agreement, the responsible Party will, at his or her sole expense, defend the other against the claim, action, or proceeding. In addition, each Party covenants that he or she will indemnify and hold harmless the other Party with respect to all Damages resulting from the proceeding. The term "Damages", as used in this Agreement, shall include, without limitation, any loss, cost or other liability that results from the prosecution of any claim, action, or proceeding, including reasonable attorneys" fees and other expenses incurred in the prosecution of the claim, action, or proceeding or in an attempt to avoid such litigation. To be includible, "Damages" must result from an inaccurate representation made by or on behalf of either Party to the other in or pursuant to this Agreement, or from a breach of any of the covenants, promises or obligations made by or incurred by either Party in or pursuant to this Agreement. Each Party agrees to give the other prompt written notice of any litigation, demand, claim, action or proceeding that is threatened or instituted against him or her and that might constitute the basis of a claim for indemnity pursuant to the terms of this Paragraph. 11 24. Headings Not a Part of Agreement: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 25. Void Clauses and Severability: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 26. Warranty: Husband and Wife acknowledge that they have each read and understand this Agreement, and each warrants and represents that it is fair and equitable to each of them. 27. Law of Pennsylvania Applicable: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 28. Agreement Part of Divorce Decree: Husband and Wife agree that this Agreement is to have all the force and effect of a Court Order, and, upon Divorce, shall be included as part of the Divorce Decree for enforcement purposes. 29. Survival Beyond Divorce Decree: The parties hereby acknowledge that they have accepted the within Marital Settlement Agreement as a final settlement for all purposes whatsoever between themselves as contemplated by the Pennsylvania Divorce Code. Should a Decree, Judgment, or Order of 12 Separation of a Divorce be obtained by either of the parties in this or any other state, each of the parties hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation or divorce; and nothing in any such Decree, Judgment, or 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 being understood by and between the parties that this Agreement shall survive and shall not be merged into any Decree, Judgment, or Order of Divorce or Separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, shall be incorporated by reference into any Divorce, Judgment or Decree for the purposes of enforceability only. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any Judgment or Decree, and to be forever binding and conclusive upon the parties. 30. 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. 31. Effective Date: This Agreement shall be immediately effective upon execution by the parties and is not subject to any conditions precedent such as the parties' divorce. 32. Distribution 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. 13 33. Sanctions for Non-Compliance: In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms hereof, the breaching party will pay all attorney's fees, court costs and expenses (including interest and travel costs if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and attorneys' fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. IN WITNESS WHEREOF, the parties have signed this Agreement on the day and year first above written. WITNESS: ?- ? (SEAL) DAVID L. DEIHL (SEAL) MELANIE L. ERB Attorney for DAVID L. DEIHL (SEAL) PATTY L. DEIHL 14 COMMONWEALTH OF PENNSYLVANIA: 0 441" COUNTY OF . SS: pCI Personate appeared before me, the undersigned officer, this day of I , 200 , DAVID L. DEIHL, known to me, or satisfactorily proven to be, the person se name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have COMMONWEALTH OF PENNSYLVANIA N NOTARIAL SEAL M SUZANNE M. DEDERER, Notary Public Camp Hill Boro, Cumberland County My rntnmission Expires Aug. 20, 2009 set my hand and seal. ission Expires: 1?rs f COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF " &b-crrsonally appeared before me, the undersigned officer, this day of 2096, PATTY L. DEIHL, known to me, or satisfactorily proven to be, the person wh name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein IN WITNESS WHEREOF, I have set my hand and seal. (SEAL) Expires: ive, S f dol aC;c COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SUZANNE M. DEDERER, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Aug. 20, 2009 15 ?) ?- "? .? f ?, ? ._I , ;. ? -. -.. L..J - ?-; "! 40 'ti DAVID L. DEIHL, Plaintiff V. PATTY L. DEIHL Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 06-7125 : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Mary L. Snyder, Law Clerk for Scaringi & Scaringi, P.C., do hereby certify that the Divorce Complaint in the above-captioned action has been duly served upon Defendant, Patty L. Deihl, on December 21, 2006, by Certified Mail as evidenced by the attached receipt, addressed as follows: Patty L. Deihl 464 Poplar Church Road Camp Hill, PA 17011 Date: 2007 L Mary L. Sn e a r-1 rr to 0 cc L.n 0 0 O O Q (Endorsement Required) (? `•, Lrl ? Total Postage & Fees Fs ,a Sent To( ------------ - -- - - O Street, Apt. No.; ?}, ( ['- or PO Box RGf-,( 6; sate,--iP+a --------------- `U - ------------------------------ Z 110 Ovr PS Form :00 Return Receipt Fee (Endorsement Required) Restricted Delivery Fee ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. s 1?ik"our name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature Agent Addressee Received by ("ted Name) C. Date of Delivery D. Is Aveiy address different from item 17 ? Yes If YES, enter delivery address below: *No 3. Service Type Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted t*"ry? (Extra Fee) M Yes 2. Article Number (Transfer from service 1abeo 7006 2150 0000 5808 6 910 PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 r?-..? } ?' i..a ?7_, ? ; t j ? ?"?_ ? j ?` p I. V?.) F ? ?' y.-' _ ... ? L. ..?.` ? ,1 C DAVID L. DEIHL, Plaintiff V. PATTY L. DEIHL Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 06-7125 : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) or 3301 (d) of the Divorce Code was filed on December 14, 2006. 2. The marriage of the 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 herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 0,//;L 2007 a Ju DAVID L. IHL, Plaintiff ?=? ` ? - t ? ? ' ..i s .,?.?? f, ... ..6 M1` ?__ .- ? °1 ??. ?rr+'r 4??? r..a } _ z ... ` .. ' ?"' i l"?? ' ?.•..ar ?.Nr? DAVID L. DEIHL, Plaintiff V. PATTY L. DEIHL Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 06-7125 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 Waiver 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: Z 2007 DAVID L. DEIHL, Plaintiff ?' r-?, ,- _ ? ? ;. ?? :?:? _,' ? ,: c?._ , '..'+ w y`.:?-. * ,.?47.Z ... ?? DAVID L. DEIHL, Plaintiff V. PATTY L. DEIHL Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 06-7125 : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) or 3301 (d) of the Divorce Code was tiled on December 14, 2006. 2. The marriage of the 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 herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ; Date: 2007 PG.- --- PATTY L. D HL, Defendant .- ; , n..^? ,? ?.? S _ `? ? * ?t -? _ , .: -, a - c" t ;;. . _. ? _?`? ?J', ?n -???N1 DAVID L. DEIHL, Plaintiff V. PATTY L. DEIHL Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 06-7125 : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without Notice. r 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 Waiver 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. r Date: 2007 PATTY L. D IHL, Defendant ?T DAVID L. DEIHL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.: 06-7125 PATTY L. DEIHL : CIVIL ACTION - LAW Defendant : 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. Ground for divorce: irretrievable breakdown under §3301(c) or (d)(1) of the Divorce Code. 2. Date and manner of service of the Complaint: The Original Complaint in Divorce was served upon Defendant by Certified Mail, #7006 2150 0000 5808 6910, Restricted Delivery, Return Receipt Requested; and by Regular U.S. First Class Mail, Postage Pre-paid on December 20, 2006, and was received by Defendant on December 21, 2006 as evidenced by the attached Affidavit and Exhibits. 3. Date of execution of Plaintiff's Affidavit as required by §3301(d) of the Divorce Code a. Plaintiff. June 5, 2007 b. Defendant: June 6, 2007 4. Related claims pending: All claims have been settled by and through a Marital Settlement Agreement dated May 22, 2007 and signed by Plaintiff on May 22, 2007 and Defendant on May 22, 2007. Said Marital Settlement Agreement is attached herein; incorporated by reference, but not merged into the divorce decree. 5. Date and Manner of Service of the Notice of Intention to file Praecipe to Transmit Record: OW , w a. Plaintiff's waiver is attached within and shall be filed as part of the Praecipe to Transmit Record. b. Defendant's waiver is attached within and shall be filed as part of the Praecipe to Transmit the Record. Respectfully submitted, Date: /`'f d 7 Mel 'Er Atto ey I.D. 84445 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 ATTORNEY FOR PLAINTIFF C T? 4 r '?. . IN THE COURT OF COMMON PLEAS David L. Deihl OF CUMBERLAND COUNTY STATE OF PENNA. Plaintiff N 0. 2006 VERSUS Patty L. Deihl DECREE IN DIVORCE AND NOW, DECREED THAT _ AND Patty L. Deihl 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; Nom. A M=age Settles Agrsst>a t d3t ed MY 22, 2007 is att3±h retD aid irncxpaated hmein lx refererm, hUt rnt rrnrcpd into the avxm Derxee. BY THE COURT: ?% -?? ?A lo-\ ATTEST: J PROTHONOTARY -s vNE Ig David L. Deihl 7125 , 11wi, IT IS ORDERED AND ,Jrp z or-;t,,w xv frop /" Ave eo• J-c"9 L0, 1- _,7