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HomeMy WebLinkAbout02-2980RICHARD H. FETTERMAN, JR. Plaintiff JO LIN FETTERMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : _. : : 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 make prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divome 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 divome 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, Domestic Relations Section, Dauphin County Courthouse, Harrisburg, Pennsylvania. 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 LOST THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOU 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 (717) 249-3166 Bruc6 D.'l~ore~'~'~uire Pa. Supreme Court ID #21193 4409 North Front Street Harrisburg, PA 17110-1709 (717) 236-9391 Attorneys for Plaintiff RICHARD H. FETTERMAN, JR., Plaintiff JO LINN FETTER_MAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE NOTICIA Le hah demandado a Usted en la corte. Si Usted quiere defenderse de esms demandas expuestas en las paginas siguientes, Usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su personal. Sea avisado que si Usted no se defiende, la corte tomara medidas y puede entrar una orden contra Usted sin previo aviso o nofificacion y pot cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para Usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NICHOLAS & FORE~ Pa. Supreme Court ID #21193 4409 North Front Street Harrisburg, PA 17110-1709 (717) 236-9391 Attorneys for Plaintiff RICHARD H. FETTERMAN, JR., Plaintiff JO LIN FETTERMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; ; ;NO. ; : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. RICHARD H. FE~ERMA ,~. RICHARD H. FETTERMAN, JR., Plaintiff JO LIN FETTERMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the above-named Plaintiff, Richard H. Fetterman, Jr., by his attorney, Brace D. Foreman, of Nicholas & Foreman, and seeks to obtain a Decree in Divorce from the above-named Defendant, Jo Lin Fetterman, upon the grounds hereinafter set forth: 1. Plaintiff is Richard H. Fetterman, Jr., an adult individual, s_~ juris, presently residing at 22 Parker Road, Newville, Cumberland County, Pennsylvania, i 7241. ' 2. Plaintiff's Social Security Number is 204-54-8485. 3. Defendant is Jo Lin Fetterman an adult individual, sui juris, presently residing at 51A West Spring Avenue, Big Springs, Cumberland County, Pennsylvania. 4. Defendant's Social Security Number is 5. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 6. The Plaintiff and Defendant were married on July 29, 1985, in Newville, Cumberland County, Pennsylvania. 7. There has been one child bom of this marriage, namely Autumn Lin Fetterman born October 6, 1988, now being thirteen years of age. 8. There have been no prior actions of divorce or for annulment between the parties. 9. Plaintiff and Defendant are both citizens of the United States of America. 10. Neither of the parties in this action is presently a member of the armed services of the United States. 11. The Plaintiff has been advised of the availability of counseling and she understands that he may request that the Court require the parties to participate in counseling, but avers that she does not require marriage counseling. 12. The Plaintiff avers that the grounds on which the action is based are: (a) That the marriage is irretrievably broken; (b) That Plaintiff and Defendant have be separated in excess of two (2) years. 13. Plaintiff requests the Court to enter a Decree in Divorce. Wherefore, Plaintiff prays your Honorable Court to enter an Order dissolving the marriage between the parties. Respectfully submitted, NICHOLAS & FOREMAN Pa. Supreme Court ID #21193 4409 North Front Street Harrisburg, PA 17110-1709 (717) 236-9391 Attorneys for Plaintiff RICHARD H. FETTERMAN, JR., Plaintiff JO LIN FETTERMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; ; : NO. : : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I verify that the statements made in this Complaint 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 unswom falsification to authorities. RICHARD H. FI~T-TERMAN Dated: Acceptoffiervice/Domesfic/Mikii RICHARD H. FETTERMAN, JR. Plaintiff JO LIN FETTERMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : :NO. : : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, Jo Lin Fetterman, Defendant in the above-captioned matter, do hereby certify that I have accepted service of Plaintiff's Complaint in Divorce, filed to the above-captioned temx and number. in Fetterman, Defendant Fetterman msa\domestieLMikii MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT is made this ~day of July, 2002, by and between Richard H. Fetterman, Jr., hereinafter referred to as "Husband", -AND - Jo Linn Fetterman, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, Husband and Wife were ,awfixlly married on jul~ and42 ?-~/~ ~ WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they now live separate and apart from one another, the parties being estranged due to such marital difficulties; and WHEREAS, there are one minor child bom of this marriage being Autumn Linn Fettemian, bom October 6, 1988, now 13 years of, age; and WHEREAS, the parties hereto are desirous of compromising and 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 of real and personal property; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship, inter alia past, present or future spousal support or maintenance, alimony pendente lite, alimony, counsel fees and expenses, and equitable distribution, whether or not the parties reside together; and WHEREAS, the parties have made full disclosure to each other of their assets and liabilities and have agreed on a settlement of all property rights and differences existing between them; and WHEREAS, the parties intend this Agreement to be a full and complete Marriage Settlement Agreement, providing for the absolute and final settlement of all their respective marital and property and all other claims. NOW, THEREFORE, in consideration of the premises and of the promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the 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. SEPARATION. It shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or control by the other, as fully as if he or she were single and married, 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. The foregoing provision shall not be an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their separation. A reconciliation will not void the provisions of this agreement. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall be incorporated in but 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, may be incorporated by reference into any divorce, judgment or decree. 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 and to be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be d6fined as the date of execution by the party last executing this Agreement. Transfer of property, funds and/or documents shall occur on the effective date unless otherwise specified herein. 3. AGREEMENT NOT A BAR TO DIVORCE. This ~Agreement shall not be considered to affect or bar the right of either party to a divorce on lawful grounds as may be now or hereafter available to either party. This Agreement is not intended to be and shall not be a condonation on the part of either party of any act or acts of either party hereto. Both parties hereto agree that the marriage is irretrievably broken and agree at the time of execution hereof to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. Each party waives the right to request Court ordered counseling. 4. DEBTS AND OBLIGATIONS. Each party hereto represents and warrants that he or she has not, and in the future will not, contract or incur any debt, obligation or liability for which the other party or his or her estate may be responsible or liable, except as provided for in this Agreement. Each party hereto agrees to be solely responsible for the prompt and timely payment of the debts identified to be paid by him or her. Each party hereto agrees to indemnify and hold harmless the other from any and all claims, debts, obligations or demands made against him or her by reason of debts or obligations incurred by him or her or identified to be paid by him or her. The parties acknowledge that there is currently a mortgage on the marital home at 22 Parker Road, Newville, Cumberland County, Pennsylvania, 17241 in which Husband resides, which mortgage is a joint obligation of the parties. Husband agrees that he will be solely responsible for the payment of the said mortgage debt. g~oh ,,~,~, agrees tn .nrt~rn.ntlx. r pay all_tZf the_do~bt identified a.~ being hi~ 5. MUTUAL RELEASES. Husband and Wife hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all fights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, of claims in the nature of dower or curtesy, or widow's or widower's fights, family exemption or similar allowance or under the intestate laws; or the fight to take against the spouse's will; or the fight to treat a lifetime conveyance by the other as testamentary or all other fights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country; or any fights which either party may now have or at any time hereafter have for past, present or future support or maintenance, aiimon~,, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all fights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except, and only except, all fights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed by each party that this Agreement constitutes a full and final resolution and settlement of all claims of any kind, and especially and claims arising under the Pennsylvania Divorce Code, which either party may have against the other. 6. DIVISION OF REAL ESTATE_t HOUSEHOLD AND PERSONAL PROPERTY. The parties agree that they jointly own a marital home at 22 Parker Road, Newville, Pennsylvania. Wife agrees that upon request of Husband, she will sign a deed transferring all fight, title and interest to the said home to Husband. Husband shall be responsible for deed preparation and recording costs. The parties agree that all personal property in the marital home is the property of Husband and that all property at Wife's residence at 51 A. 3 West Spring Avenue, Big Springs, Pennsylvania is solely the property of Wife. Except as provided herein, Husband agrees to release all right, title and interest in property in posession of Wife to Wife and, except as provided herein, Wife agrees to release all right, title and interest in property in the marital home or in possession of the Husband to Husband. , . 7.. PENSIONS~. RETIREMENT ACCOUNTS AND INSURAN~a~ties ~n~e~re..~..o_~m~v.e_.._.~_.y and al! ~nterest .or.,claims which either may have in any,,,i~lividual retir~dment ;~d;'~' ~I~I~na~gdP~Ss'~n;e~ioS?~'~h ~ac~counts ,n the name of .~.~, ~o~e~r except as herein 'h,~sf~, iu im at her e/Io~" - tn um.on.~4!},._.a~.d Husband.,~5'2 cc~c, pcza~ ~,ith , and cost, a one-na~t [~/zi tmerest therein for all tunas contriburerS- ............ of M~miage, October t/, 19-o~7, un~il -'-~ ~*~ f~,~v,~,.~ ~ -, 1~ ---- - £~r. ' 1, 2001. 8. AUTOMOBILES. The parties individually or jointly have three automobiles. Wife, after separation, bought a vehicle which is in her sole name and shall be her sole property. Husband has possession and shall have sole right, title and interest to a 1986 Cadillac and a 1976 Chevy pick-up. If any of the vehicles listed herein are titled jointly, the party who is not entitled possession shall cooperate, at the request of the other, to transfer title to the party indicated herein as having possession and title. 9. ADVICE OF COUNSI*..I.. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Charles Schanfelter, EsqUire. Husband has been advised of his right to legal counsel and that it is advisable that he obtains the same, but he has ~eely, knowingly and voluntarily waived the right to the same. Husband and Wife each covenants that he or she has made a full financial disclosure to the other of his or her respective property, holdings and income. Husband and Wife each acknowledge that each fully understands the facts of this agreement and has been fully, informed as to her or his legal rights and obligations and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and eqUitable and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements.- 10. 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, deeds, titles or documents that may be reasonably required to give full force and effect to the provisions of this Agreement, including all papers necessary to transfer title. 11. AFTER-ACQUIRED PROPERTY. Each party shall hereafter independently own all property, real, personal or mixed; tangible or intangible, of any kind, acquired by him or her, with full power to dispose of the same in all respects and for all purposes; as though he or she were unmarried. 12. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFER. The parties hereby agree and express their interest that any transfer of property under this Agreement shall be within the scope and application of the Deficit Reduction Act of 1984, hereinafter referred to as "the Act," and specifically the provisions of the Act pertaining to property transfers between spouses and former spouses. The parties agree to sign and file any elections or other documents required by the Internal Revenue Service to apply the Act to transfers under this Agreement without recognition of gain and subject to the carry-over basis provisions of the Act. 13. 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 the 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. 14. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 15. DESCRIPTIVE HI~ADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 16. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 17. _.BREACH. If either party breach[s any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, to temfinate any further payments required to the other hereunder 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, or in seeking such other remedies or relief as may be available to him or her. 18. DISCLOSURE OF FINANCES. Each party hereto confirms that he or she has relied on the completeness and substantial accuracy of financial disclosures of the other as an inducement to enter into this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither has filed and Inventory and Appraisment as required by Section 3505(b) of the Pennsylvania Divorce Code. The rights of either party to pursue a claim for equitable distribution of any interest owned by the other party in an asset prior to the date of execution hereof which interest was not disclosed or known by the other party or his or her counsel prior to the execution of this Agreement is expressly reserved. 19. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 20. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that 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. IN WITNESS WI'~REOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: WIFE: Jo/L~tn' Fetterman - HUSBAND: R/chard H. Fetterman, J~. ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF DAUPHIN : On this the 29t~ day of July, 2002, before me, the undersigned officer, personally appeared Jo Liun Fetterman, 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. Notary Public NOTARtAL ,SEAL CHRISTINA L. NICHOLAS, Notary PubliF Susquehanna Twp, Dauphin Count M)/Commi_~ssion Expires June 20 20~5 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF : On this the of , 2002, before me, the undersigned officer, personally appeared Richard H. Fetterman, Jr., 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. Notary Public RICHARD H. FETTERMAN, JR. Plaintiff Ye JO LIN FETTERMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA _. : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on June 21t , 2002. 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. 4. I understand that I may lose rights concerning alimony, division of property, attorney's fees or expenses ifI do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are tree 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. 'card H. Fetterman, Jr., Plaintiff RICHARD H. FETTERMAN, JR. Plaintiff JO LIN FETTERMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. O;),-o~q~o C~wc T~. : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF TltE 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Decree in Divorce 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 unswom falsification to authorities. Date: Richard H. Fetter, Plaintiff RICHARD H. FETTERMAN, JR. Plaintiff JO LIN FETTERMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA _. _. : NO. O~-~q~O C~mc-Ts.~ : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on June 2002. 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. 4. I understand that I may lose rights concerning alimony, division of property, attorney's fees or expenses ifI do not claim them before a divorce is granted. 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. / ' Jo Lin Fetterman, Defehdant ~ RICHARD H. FETTERMAN, JR. Plaintiff JO LIN FETTERMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. :NO. : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(e) OF TIlE 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Decree in Divorce 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 tree 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: Jo/Lin Fetterman, Defendant ~ JO LIN FETTERMAN, Defendant RICHARD H. FETTERMAN, JR.: IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2980 Civil Term : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry ora divorce decree: Ground for Divorce: irretrievable breakdown under Section X 3301(c) or __ 3301(d)(1) of the Divorce Code. Date and manner of service of the Complaint: June 21, 2002 - See Acceptance of Service dated June 21, 2002 and filed to the above-captioned term and number. 3. Complete either Paragraph A. or B. A. 1 Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by Plaintiff: September 23, 2002 by Defendant: September 23, 2002 A.2 Date of filing of Plaintiff's and Defendant's Waiver of Notice of Intent: by Plaintiff: September 24, 2002 by Defendant: September 24, 2002 B.1 Date of execution of the Plaintiff's Affidavit required under Section 3301(d) of the Divorce Code: B.2 Date of service of Plaintiff's Affidavit upon Defendant: Date of service of Notice to Intention to Enter: Dated: September 25, 2002 NICHOL~ORE _MAN~. Bruc%/5. Fo~emXal~Es~ui~e~ ARomey ID 21193 ~ 4409 No~h Front Street Harrisburg, PA 17110-1709 (717)236-9391 A~omey for Plaintiff Fetterman msa\domestic\Mikii MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT is made this ¢~day of Suly, 2002, by and between Richard H. Fetterman, Jr., hereinafter referred to as "Husband", -AND- Jo Lima Fetterman, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on Jul~ and'--?' WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they now live separate and apart from one another, the parties being estranged due to such marital difficulties; and WHEREAS, there are one minor child bom of this marriage being Autumn Lima Fettemian, bom October 6, 1988, now 13 years'of, age; and WHEREAS, the parties hereto are desirous of compromising and settling fully and finally their respective finanaial 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 of real and personal property; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship, inter alia past, present or future spousal support or maintenance, alimony pendente lite, alimony, counsel fees and expenses, and equitable distribution, whether or not the parties reside together; and WHEREAS, the parties have made full disclosure to each other of their assets and liabilities and have agreed on a settlement of all property rights and differences existing between them; and WHEREAS, the parties intend this Agreement to be a full and complete Marriage Settlement Agreement, providing for the absolute and final settlement of all their respective marital and property and all other claims. NOW, THEREFORE, in consideration of the premises and of the promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the 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. SEPARATION. It shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or control by the other, as fully as if he or she were single and married, 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. The foregoing provision shall not be an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their separation. A reconciliation will not void the provisions of this agreement. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any teim of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall be incorporated in but 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, may be incorporated by reference into any divorce, judgment or decree. 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 and to be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of'execution" or "execution date" of this Agreement shall be d~fmed as the date of execution by the party last executing this Agreement. Transfer of property, funds and/or documents shall occur on the effective date unless otherwise specified herein. 3. AGREEMENT NOT A BAR TO DIVORCE This~Agreement shall not be considered to affect or bar the right of either party to a divorce on lawful grounds as may be now or hereafter available to either party. This Agreement is not intended to be and shall not be a condonation on the part of either party of any act or acts of either party hereto. Both parties hereto agree that the marriage is irretrievably broken and agree at the time of execution hereof to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. Each party waives the right to request Court ordered counseling. 4. DEBTS AND OBLIGATIONS. Each party hereto represents and warrants that he or she has not, and in the future will not, contract or incur any debt, obligation or liability for which the other party or his or her estate may be responsible or liable, except as provided for in this Agreement. Each party hereto agrees to be solely responsible for the prompt and timely payment of the debts identified to be paid by him or her. Each party hereto agrees to indemnify and hold harmless the other from any and all claims, debts, obligations or demands made against him or her by reason of debts or obligations incurred by him or her or identified to be paid by him or her. The parties acknowledge that there is currently a mortgage on the marital home at 22 Parker Road, Newville, Cumberland County, Pennsylvania, 17241 in which Husband resides, which mortgage is a joint obligation of the parties. Husband agrees that he will be solely responsible for the payment of the said mortgage debt. E~ch p?_,'t3_~~ ~gr_ees m prc~ptly pay all fxlf_~ ide~ntified as being hi~ r~r 5. MUTUAL RELEASES. Husband and Wife hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all fights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, of claims in the nature of dower or curtesy, or widow's or widower's fights, family exemption or similar allowance or under the intestate laws; or the fight to take against the spouse's will; or the fight to treat a lifetime conveyance by the other as testamentary or all other fights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country; or any fights which either party may now have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all fights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed by each party that this Agreement constitutes a full and final resolution and settlement of all claims of any kind, and especially and claims arising under the Pennsylvania Divorce Code, which either party may have against the other. 6. DIVISION OF REAL ESTATE, HOUSEHOLD AND PERSONAl, PROPERTY. The parties agree that they jointly own a marital home at 22 Parker Road, Newville, Pennsylvania. Wife agrees that upon request of Husband, she will sign a deed transferring all fight, title and interest to the said home to Husband. Husband shall be responsible for deed preparation and recording costs. The parties agree that all personal property in the marital home is the property of Husband and that all property at Wife's residence at 51 A. 3 West Spring Avenue, Big Springs, Pennsylvania is solely the property of Wife. Except as provided herein, Husband agrees to release all fight, title and interest in property in posession of Wife to Wife and, except as provided herein, Wife agrees to release all fight, title and interest in property in the marital home or in possession of the Husband to Husband. ~ iMq~,o~ hereto wmve. a~.y and all ~nterest or claims which either may have in any.,,ifi'dividual reti~-ement accounts, emstmg pensions or similar accounts in the name of th~oother except as herein provided. Husband has a pension with Union 411, and Husband.'¢,'~ll cc~c~pcrat¢ ,~iih ,~vtt~o · hm.~$1:~ [o h~, at her erlort and cost, a one-hai£ (i/2) interest meretn for all Iunds comribure&- ,.,,~,. ,,, ~v~,anage, ~Jctooer 6, ' - - '" ........ ' · ~vaS, ut, L,, '~-- ~'~ fo,.v,~,t:cn' A~nl 1, 2001. 8. AUTOMOBILES. The parties individually or jointly have three automobiles. Wife, after separation, bought a vehicle which is in her sole name and shall be her sole property. Husband has possession and shall have sole fight, title and interest to a 1986 Cadillac and a 1976 Chevy pick-up. If any of the vehicles listed herein are titled jointly, the party who is not entitled possession shall cooperate, at the request of the other, to transfer title to the party indicated herein as having possession and title. 9. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Charles Schanfelter, EsqUire. Husband has been advised of his fight to legal counsel and that it is advisable that he obtains the same, but he has freely, knowingly and volnntafily waived the right to the same. Husband and Wife each covenants that he or she has made a full financial disclosure to the other of his or her respective property, holdings and income. Husband and Wife each acknowledge that each fully understands the facts of this agreement and has been fully~ informed as to her or his legal fights and obligations and each party acknowledges an/:l accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements.- 10. 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, deeds, titles or documents that may be reasonably reqUired to give full force and effect to the provisions of this Agreement, including all papers necessary to transfer title. 11. AFTER-ACQUIRED PROPERTY. Each party shall hereafter independently own all property, real, personal or mixed; tangible or intangible, of any kind, acquired by him or her, with full power to dispose of the same in all respects and for all purposes; as though he or she were unmarried. 12. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFER The parties hereby agree and express their interest that any transfer of property under this Agreement shall be within the scope and application of the Deficit Reduction Act of 1984, hereinafter referred to as "the Act," and specifically the provisions of the Act pertaining to property transfers between spouses and former spouses. The parties agree to sign and file any elections or other documents required by the Internal Revenue Service to apply the Act to transfers under this Agreement without recognition of gain and subject to the carry-over basis provisions of the Act. 13. 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 fomxality as this Agreement. The failure of either party to insist upon the 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. 14. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 15. 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. 16. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 17. BREACH. If either party breacl~es any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, to terminate any further payments required to the other hereunder 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, or in seeking such other remedies or relief as may be available to him or her. 18. DISCLOSURE OF FINANCES. Each party hereto confirms that he or she has relied on the completeness and substantial accuracy of financial disclosures of the other as an inducement to enter into this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither has filed and Inventory and Appraisment as required by Section 3505(b) of the Pennsylvania Divorce Code. The rights of either party to pursue a claim for equitable distribution of any interest owned by the other party in an asset prior to the date of execution hereof which interest was not disclosed or known by the other party or his or her counsel prior to the execution of this Agreement is expressly reserved. 19. APPLICABLE LAW. This Agreement shall be conslrued under the laws of the Commonwealth of Pennsylvania. 20. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that 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. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: HUSBAND: Richard H. Fetterman, J~. ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF DAUPHIN : On this the 29th day of July, 2002, before me, the undersigned officer, personally appeared Jo Linn Fetterman, 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. Notary Public NOTARIAL SEAL CHRISTINA L. NICHOLAS, Notary Public i Susquehanna Twp., Dauphin Count ,! ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF : On this the of , 2002, before me, the undersigned officer, personally appeared Richard H. Fettemian, Jr., 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. Notary Public 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .,~.. PENNA. RICHARD H. FETTERMAN~JR. Plaintiff VERSUS JO LIN FETTERMAN Defendant NO. 02-2980 Decree IN DIVORCE AND NOW, ~/-~_/~/- ~ , -2]~02-, IT IS ORDERED AND DECREED THAT AND RICHARD H, FETTERMAN~ JR. JO LIN FETTERMAN , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION Of The FOLLOWING CLAIMS WHICH hAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; The provisions of the Marriaqe S~ttl~m~nt Aqr~m~n~ ~ ,T~]y 29, 2002, between the parties, which Marriage Settlement Agreement has been recorded to the above-captioned term and number on August 7, 2002, is incorporated herein, but not merged herewith. BY THE Court: / PROTHONOTARY IN The COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~~ PENNA. RICHARD H. FETTERMAN,JR. Plaintiff VERSUS JO LIN FETTERMAN Defendant NO. 02-2980 DECREE IN DIVORCE AND NOW, DECREED THAT AND RICHARD H, FETTERMAN; JO LIN FETTERMAN , --20~12--, IT IS ORDERED AND JR. , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The provisions of the Marriaqe S~ttl~m~n~. Aqr~m~n~ 29, 2002, between the parties, which Marriage Settlement Agreement has been recorded to the above-captioned term and number on August 7, 2002, is incorporated herein, but not merged herewith. BY THE COURT: / PROTHONOTARY CENTEX HOME EQUITY COMPANY, LLC F/K/A CENTEX HOME EQUITY CORPORATION, PLAINTIFF VS. MELRETTA C. SIMPSON AND JULIE M. WERKING, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-2980 CIVIL TERM IN MORTGAGEFORECLOSURE SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 914 SPRING CIRCLE MECHANICSBURG, PENNSYLVANIA 17055: 1. Name and address of the Owner(s) or Reputed Owner(s): MELRETTA C. SIMPSON 914 SPRING CIRCLE MECHANICSBURG, PA 17055 JULIE M. WERKING 5217 EAST TR1NDLE ROAD APT.# 16 MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the Judgment, if different from that listed, in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: CSH Industries 203 £ynndale Court Mechanicsburg, PA 17055 Unemployment Compensation Fund 16th Floor, L & I Building Harrisburg, PA 17121 Guard Insurance Group 16 South River Street Wilkes-Barre, PA 18703 Tracy J. Erdossy 211 Maple Avenue Marysville, PA 17053 Pinnacle Health Hospitals P.O. Box 2353 Harrisburg, PA 17105 US Treasury Department Pittsburgh Office, Room 808 1000 Liberty Avenue Pittsburgh, PA 15222-9974 Internal Revenue Service Federated Investors Tower 13th Floor, Suite 1300 100l Liberty Avenue Pittsburgh, PA 15222 U.S. Attorney's Office l0th & Constitution Avenue, N.W. Main Justice Building, Room 5111 Washington, DC 20530 Assistant U.S. Attorney U.S. Attorney's Office 633 U.S. Post Office and Courthouse Pittsburgh, PA 15219 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Jeffrey H. Bingaman 50 Diane Avenue Lititz, PA 17543 Debra A. Bingaman 50 Diane Avenue Lititz, PA 17543 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom ':he Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Streets Carlisle, PA 17013 Monroe Township Municipal Authority C/O James D. Bogar, Esquire and Jennifier B. Hipp, Esquire 1220 Boiling Springs Road Suite 121 Mechanicsburg, PA 17035 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal 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. · ~-n P Haller PA I.D. #15700 Purcell,, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:February 4, 2004