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HomeMy WebLinkAbout07-0169JANET L. WETCH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007 - 16pf CIVIL TERM MONTY R. WETCH, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE TO DEFENDANT 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 at 1 Courthouse Square, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLIAM 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 JANET L. WETCH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 9 CIVIL TERM V. MONTY R. WETCH, CIVIL ACTION - LAW Defendant IN DIVORCE DIVORCE COMPLAINT UNDER SECTIONS 3301(c) and 3301(d) OF THE DIVORCE CODE 1. Plaintiff, Janet L. Wetch, is an adult individual currently residing at 33 Partridge Circle, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Monty R. Wetch, is an adult individual currently residing at 808 Hamilton Street, Carlisle, Cumberland County, Pennsylvania 17013 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married in Houston, Texas in 1976. COUNT 1 - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the Parties. 7. The marriage is irretrievably broken. 8. 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. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a decree of divorce. COUNT II - EQUITABLE DISTRIBUTION 9. Plaintiff hereby incorporates by reference paragraphs 1 though 8 above. 10. The Parties have acquired real and personal property, including a home, automobiles, a trailer, and other items of miscellaneous property during the course of their marriage, some of which is marital property. 11. On December 1, 2005, the Parties entered into a written agreement (see attached) that now controls the terms of most of the Parties' property. To date, the Parties have abided by and followed the terms of that agreement. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a decree that effects an equitable distribution of the marital property. Respectfully submitted, O'BRIEN, BARIC & SCHERER Robert J. , Esquire I.D. 203418 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff JANET L. WETCH, Plaintiff V. MONTY R. WETCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 200 CIVIL CIVIL ACTION - LAW IN DIVORCE VERIFICATION I verify that the statements made in this Complaint for Divorce are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. r' 200/ " Date: ?_ of '?? Janet L. Wetch December 1, 2005 The paper will serve as a legal and binding agreement between Monty R. Wetch and Janet L. Wetch. Any new debt incurred by either party after November 18, 2005 will be the sole responsibility of the person incurring the debt. Monty will take possession of the house at 808 Hamilton Street as of December 1, 2005. He will be responsible for all maintenance, repairs, and the mortgage payments, including taxes and insurance. Janet will continue to have joint ownership of 808 Hamilton Street. Five years from December 1, 2005 or on December 1, 2010, Monty will have the option to pay Janet fifty percent of the equity of the fair market value. Each party acquiring an appraisal will determine this value by a realtor. If Monty does not want to buy Janet out and refinance the house in his name at this time, then Janet continues to have fifty- percent ownership and will continue to acquire fifty- percent equity in the house. On December 1, 2015, fifty percent of the current equity at that time will be due Janet if the house is sold or if Monty decides to refinance and buy Janet out. At that time appraisals for the fair market value will be acquired. After that time, any additional equity earned on the house will be 100% Monty's. Monty relinquishes rights to the Honda Accord on November 29, 2005 by the payment of $2800.00 to Monty from Janet for his share of the equity. Janet will be responsible for all additional payments. When the balance is zero, Monty agrees to sign the Honda over to Janet. The Nissan Titan will remain in Monty's custody. He will be responsible for all payments. At any time that Monty decides to rid himself of the Titan any profit made will be split fifty percent between both parties. Janet will not be responsible for any money owed on the Titan. The Fleetwood Prowler remains a joint financial responsibility. Until such time as it is sold, both parties agree to pay fifty percent of the payments and insurance. All monies owed on the Citibank card and the Discovercard are Monty's financial responsibility. All monies owed on the Chase credit card are Janet's financial responsibility. Janet agrees to pay the entire amount of Monty's medical insurance premium for the year of 2006. Thereafter Janet agrees to pay $20.00 per month towards Monty's medical insurance premium Janet also agrees to continue to keep Monty on her medical insurance as long as it is available to her at Roadway Express. If and when a divorce between t e parties occurs, the insurance coverage will end. c?1; bo Monty R. etch n r Janet T.,. Wetch Sworn and Subscribed this 13th Day of December, 2005, before me, Flora M. Vogt -LL , Florc' M. Vogt, Notary Public 1 ?? v Q ?? `\V ?. ?- .? O A ,11 ,\ b ? G.? Q 2x+ ??? °? ? j'3'Z _Y? Gr`_ ? fir"' r- ?:. ? ri ?:(-? ? .7 C ?., _ ? . t t, ? ?a r-rs ::? rv ?i -?? K JANET L. WETCH Plaintiff V. MONTY R. WETCH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-169 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR SPECIAL RELIEF I . Petitioner is Janet L. Wetch, represented by her counsel, Robert J. Dailey, Esquire, of O'Brien, Baric & Scherer. 2. Respondent is Monty R. Wetch and to Petitioner's knowledge and belief, Respondent is unrepresented in this divorce matter. 3. Petitioner and Respondent were married in Houston, Texas in 1976. 4. On December 1, 2005, the Parties separated. 5. Upon separation, the Parties entered into an Agreement that allocated marital assets and liabilities associated therewith. See Exhibit A. 6. On January 9, 2007, Petitioner filed for divorce from Respondent. 7. The Parties have abided by and followed the terms of the Agreement. 8. Under the Agreement, Respondent is solely responsible to pay the mortgage on the marital home of 808 Hamilton Street, Carlisle, Cumberland County, Pennsylvania, solely responsible to make financing payments on the Nissan Titan, and jointly responsible to make payments with the Petitioner on the Fleetwood Prowler camper. 9. While the Agreement allocated marital assets and liabilities, title to those assets did not follow. As a result, the marital residence, Nissan Titan, and Fleetwood Prowler continue to be jointly owned by Petitioner and Respondent. 10. Recently, Petitioner has been receiving calls from creditors that Respondent has failed to make timely payments on the Fleetwood Prowler and Nissan Titan. Because these assets remain jointly owned, Petitioner's credit score was and continues to be damaged. 11. To date, Respondent has failed to consent to the Divorce Complaint filed on January 9, 2007. WHEREFORE, Petitioner requests that this Honorable Court order Respondent to make timely payments on the mortgage, Nissan Titan, and Fleetwood Prowler. If Respondent is unable to make such payments, Petitioner requests that this Honorable Court order Respondent to sell such assets as are necessary to enable Respondent to make timely payments on the remaining assets. Respectfully submitted, O'BRIEN, BARIC & SCHERER Robert Dail y, Esquire I.D. No. 2 4 8 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Petitioner December 1, 2005 The paper will serve as a legal and binding agreement between Monty R. Wetch and Janet L. Wetch. Any new debt incurred by either party after November 18, 2005 will be the sole responsibility of the person incurring the debt. Monty will take possession of the house at 808 Hamilton Street as of December 1, 2005. He will be responsible for all maintenance, repairs, and the mortgage payments, including taxes and insurance. Janet will continue to have joint ownership of 808 Hamilton Street. Five years from December 1, 2005 or on December 1, 2010, Monty will have the option to pay Janet fifty percent of the equity of the fair market value. Each party acquiring an appraisal will determine this value by a realtor. If Monty does not want to buy Janet out and refinance the house in his name at this time, then Janet continues to have fifty- percent ownership and will continue to acquire fifty- percent equity in the house. On December 1, 2015, fifty percent of the current equity at that time will be due Janet if the house is sold or if Monty decides to refinance and buy Janet out. At that time appraisals for the fair market value will be acquired. After that time, any additional equity earned on the house will be 100% Monty's. Monty relinquishes rights to the Honda Accord on November 29, 2005 by the payment of $2800.00 to Monty from Janet for his share of the equity. Janet wffbe responsible for all additional payments. When the balance is zero, Monty agrees to sign the Honda over to Janet. The Nissan Titan will remain in Monty's custody. He will be responsible for all payments. At any time that Monty decides to rid himself of the Titan any profit made will be split fifty percent between both parties. Janet will not be responsible for any money owed on the Titan. The Fleetwood Prowler remains a joint financial responsibility. Until such time as it is sold, both parties agree to pay fifty percent of the payments and insurance. All monies owed on the Citibank card and the Discovercard are Monty's financial responsibility. All monies owed on the Chase credit card are Janet's financial responsibility. Janet agrees to pay the entire amount of Monty's medical insurance premium for the year of 2006. Thereafter Janet agrees to pay $20.00 per month towards Monty's medical insurance premium. Janet also agrees to continue to keep Monty on her medical insurance as long as it is available to her at Roadway Express. If and when a divorce between t e parties occurs, the insurance coverage will end. Monty R. etch h J4 et t,. Wetch Sworn and Subscribed this 13th Day of 'December, 2005, before me, Flora M. Vogt Flora M. Vogt, Notary/Public Exh`?6?t A JANET L. WETCH Plaintiff V. MONTY R. WETCH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-169 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE VERIFICATION I verify that the statements made in this Petition for Special Relief are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. section 4904, relating to unsworn falsification to authorities. Date: January 18, 2007 ` Janet L. Wetch ,Y JANET L. WETCH Plaintiff V. MONTY R. WETCH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-169 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on January 18, 2007, I, Robert J. Dailey, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Petition for Special Relief by first class, U.S. mail, postage prepaid, to the party listed below, as follows: Monty R. Wetch 808 Hamilton Street Carlisle, Pennsylvania 17013 V ? Robe J. Dailey, r3 ? 0 co a ? f , C-a JANET L. WETCH Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-169 CIVIL TERM MONTY R. WETCH CIVIL ACTION - LAW Defendant IN DIVORCE ORDER AND NOW, this e,?V day of , 2007, upon consideration of the foregoing Petition for Special Relief, it is hereby ordered that: / C' Fora. w 1. A hearing shall be held on the day of J , 2007, in Courtroom of the Cumberland County Courthouse, Pennsylvania and 2. Notice of the entry of this Order shall be made to all Parties by the Petitioner. BY THE COURT, 41d, ! aa? _at Hi JO JANET L. WETCH IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 2007-169 CIVIL TERM MONTY R. WETCH CIVIL ACTION -LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Monty R. Wetch, accept service of the Divorce Complaint. I certify that I am authorized to accept service as the defendant. Date MONTY R. WETCH 'Yob'g 1741?N r I Mailing Address 17613 N t c a Can , JANET L. WETCH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-169 CIVIL MONTY R. WETCH, Defendant IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this 2day of March, 2007, hearing in the above-captioned matter set for February 14, 2007, is continued to Friday, March 16, 2007, at 10:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, 'Vy. / Kevin ,X. Hess, J. Robert Dailey, Esquire For the Plaintiff Monty R. Wetch -6 7 808 Hamilton Street Carlisle, PA 17013 :rlm I ? _Zl tad zw W LOU p j t JANET L. WETCH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 07-169 CIVIL MONTY R. WETCH, Defendant IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this day of March, 2007, hearing in the above-captioned matter set for March 16, 2007, is continued to Thursday, May 3, 2007, at 3:00 p.m., in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Hess, J. obert Dailey, Esquire Zonty Plaintiff R. Wetch 808 Hamilton Street Carlisle, PA 17013 :rlm '1 VINVi1I d L Z :01 WV 91 8VW LODZ ,kUVIONOHiWd Nl.40 gout JANET L. WETCH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 07-169 CIVIL MONTY R. WETCH, Defendant IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this 3 'j, day of May, 2007, the hearing in the above-captioned matter set for Thursday, May 3, 2007, at 3:00 p.m., in Courtroom #4, Cumberland County Courthouse, Carlisle, Pennsylvania, is hereby canceled per the request of the Petitioner / Plaintiff. BY THE COURT, i -jo -Hi }DIY: ; .,.LI;f llrl JANET L. WETCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 07-169 CIVIL MONTY R. WETCH, Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. The Defendant has appeared in the action personally to sign the acceptance of service form for the divorce complaint. 3. The statutory ground for divorce is irretrievable breakdown of the marriage. 4. The action is contested with respect to the equitable distribution claim. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take half of a day. 7. Additional information, if any, relevant to the motion: None., Date: September 19, 2007 ORDER APPOINTING MASTER AND NOW, this day of , 2007, Esquire is appointed master with respect to the following claims: BY THE COURT, J. 0 r,13 0 r? t rTl f : c ST; w? ( V J ? e 4 co ser 2 e2007 00/ JANET L. WETCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 07-169 CIVIL MONTY R. WETCH, Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs 'and Expenses and in support of the motion states: 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. The Defendant has appeared in the action personally to sign the acceptance of service form for the divorce complaint. 3. The statutory ground for divorce is irretrievable breakdown' of the marriage. 4. The action is contested with respect to the equitable distribution claim. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take half of a day. 7. Additional information, if any, relevant to the motion: None.. Date: September 19, 2007 Robert J. Will Attorney for I ORDER APPOINTING MASTER NOW is a? da f 2007, Esquire is appointed master with respect to the following claims: ZE COURT, W J. IZ- n Cp ? s l '? 3-1 cs. a ° o -o E ? J O rog 91 c a r ?? f :, ?J Bch Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-169 CIVIL .Z ? Ors r•?-'?-; ?, r C ? r-,C.1 z 5Ie i5er Defendant IN DIVORCE %epQ,4tj?'???'? t 7 r 3 IN' PETITION FOR )1 o-J?i z ? ?'c ???IA;rS?p, ??a?-r'o r.1 /•#S?erNC?NZ?'tJc??? a?. -- JQjRn?'?-? I'V)??eS ?'n t24e CEO;`? .2? o 40 /?,0 p' eo J' "j WA' f- /? ?' Y?iQ ? ,? f Jc%AS D n} ct ; rL' Y G^i?i c? U r717[? Monty R. Wetch 11,2A `f' A o o 808 Hamilton Street Carlisle, PA 17013 Am s ., 5,J X X 0t* te- 1 rvc + EM P, 9 L C A t r1? 12e'?`v v' G? t (.< r : l b ; tYz 7 S t`?,c'?' 7" t E?fL' r!7 jd!lC r4 N }" (,i, +,:- It J'? >? 6?l} + G. 2 A 4- c G?? r c f' ,,?1/t ? ?' l? v 5 c? ? ? f?' ?- cs S? ? ?`???-' ? ?- ?' +?bf"C'T'?•L' G? .. 1 December 1, 2005 The paper will serve as a legal and binding agreement between Monty R. Wetch and Janet L. Wetch. Any new debt incurred by either party after November 18, 2005 will be the sole responsibility of the person incurring the debt. Monty will take possession of the house at 808 Hamilton Street as of December 1, 2005. He will be responsible for all maintenance, repairs, and the mortgage payments, including taxes and insurance. Janet will continue to have joint ownership of 808 Hamilton Street. Five years from December 1, 2005 or on December 1, 2010, Monty will have the option to pay Janet fifty percent of the equity of the fair market value. Each party acquiring an appraisal will determine this value by a realtor. If Monty does not want to buy Janet out and refinance the house in his name at this time, then Janet continues to have fifty- percent ownership and will continue to acquire fifty- percent equity in the house. On December 1, 2015, fifty percent of the current equity at that time will be due Janet if the house is sold or if Monty decides to refinance and buy Janet out. At that time appraisals for the fair market value will be acquired. After that time, any additional equity earned on the house will be 100% Monty's. Monty relinquishes rights to the Honda Accord on November 29, 2005 by the payment of $2800.00 to Monty from Janet for his share of the equity. Janet will be responsible'for all additional payments. When the balance is zero, Monty agrees to sign the Honda over to Janet. The Nissan Titan will remain in Monty's custody. He will be responsible for all payments. At any time that Monty decides to rid himself of the Titan any profit made will be split By percent between both parties. Janet will not be responsible for any money owed on the Titan. The Fleetwood Prowler remains a joint financial responsibility. Until such time as it is sold, both parties agree to pay fifty percent of the payments and insurance. All monies owed on the Citibank card and the Discovercard are Monty's financial responsibility. All monies owed on the Chase credit card are Janet's financial responsibility. Janet agrees to pay the entire amount of Monty's medical insurance premium for the year of 2006. Thereafter Janet agrees to pay $20.00 per month towards Monty's medical insurance premium. Janet also agrees to continue to keep Monty on her medical insurance as long as it is available to her at Roadway Express. If and when a divorce between a parties occurs, the insurance coverage will end. v 1 inn ??e ll t?/ Monty R. etch J4et -?,. Wetch Sworn and Subscribed this 13th Day of December, 2005, before me, Flora M. Vogt Fl a or M. Vogt, Notary Public i „+w. a JANET L. WETCH, Plaintiff VS. MONTY R. WETCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-169 CIVIL IN DIVORCE IN RE: DEFENDANT'S MOTION TO DECLARE SEPARATION AGREEMENT VALID ORDER AND NOW, this 7-4-' day of May, 2008, it appearing that proceedings in this case are pending before the Divorce Master, the attached Motion is DISMISSED. BY THE COURT, ZRobert Dailey, Esquire For the Plaintiff C//Monty R. Wetch 808 Hamilton Street Carlisle, PA 17013 :rlm Cop 1 'ES M2 t LCIL I s?zx?o8 ;,;Jib 3HU 20 S 1 4) 1 1 1 ?A-L_w -- j, Plaintiff f vs. Ai s! e ?3, Defendant b C MAY 1 62008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 07-169 CIVIL IN DIVORCE - S Par"a°?tj ; ?? r???' iN' - CPO cjAtF ?f ?? is seG yr?tAncsNJf= ?le A S /? v+ t- k. 5,'0'a- p A -? l a d Monty R. Wetch .808 Hamilton Street Carlisle, PA 17013 - :rim December 1, 2005 The Paper will serve as a legal and binding agreement between Monty R Wetch and Janet L. Wetch. Any new debt incurred by either party after November 18, 200 t will be the sole responsibility of the person incurring the debt. Mon will take possession of the house at 808 Hamilton Street as of December 1, 2005. He will be responsible for all maintenance, repairs, and the mortgage payments, including taxes and insurance. Janet will continue to have joint ownership of 808 Hamilton Street. Five years from December 1, 2005 or on December 1, 2010, Monty will have the option to pay Janet fifty percent of the equity of the fair market value. Each party acquiring an appraisal value by a realtor. If Monty does not want to buanet out and refinance the ho?useemnhis name at this time, then Janet continues to have to acquire fifty- percent equity ?" percent ownership and will continue in the house. On December 1, 2015, fifty percent of the current equity at that time will be due Janet if the house is sold or if Monty decides to refinance and buy Janet out. At that time appraisals for the fair market value will be acquired. After that time, any additional equity earned on the house will be 100% Monty's. Monty relinquishes rights to the Honda Accord on November 29, 2005 by the payment of $2800.00 to Monty from Janet for his share of the equity. Janet will be responsible for all additional payments. When the balance is zero, Monty agrees to sign the Honda over to Janet. The Nissan Titan will remain in Monty's custody. He will be responsible for all payments. At any time that Monty decides to rid himself of the Titan any profit made will be split fifty percent between both parties. Janet will not be responsible for any money owed on the Titan. The Fleetwood Prowler remains a joint financial responsibility. Until such time as it is sold, both parties of the agree to pay fifty percent payments and insurance. All monies owed on the Citibank card and the Discovercard are Monty's financial responsibility. All monies owed on the Chase credit card are Janet's financial responsibility. Janet agrees to pay the entire amount of Monty's medical insurance premium for the year of 2006. Thereafter Janet agrees to pay $20.00 per month towards Monty's medical insurance premium. Janet also agrees to continue to keep Monty on her medical insurance as long as it is available to her at Roadway Express. If and when a divorce between t 4e parties occurs, the insurance coverage will end. WL r 4R. Montetch Ja et T„ Wetch Sworn and Subscribed this 13th Day of December, 2005, before me, Flora M. Voat Flora M. Vogt, Notary public .. r 7 Plaintiff 1-e Defendant 1'7 13 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-169 CIVIL IN DIVORCE 5 e r' r? r c ?> F ?,^z:? oY ?- 1N S: PETITION FOR ? o?f•r ?,v 7"? 1J e ? !A ; r SF p.? r•a ?-r' o ? ?Q ? r-e e,??N 2?- Cl?(l? a?. I ? t h A n1 ? P'x; d A ? 0 Monty R. Wetch 808 Hamilton Street Carlisle, PA 17013 Am /Y1 9'( d.00 $ c cg -n -- Fn P =r {?? c: _ c.n to 0 ak-,e x ,. -re) w) 1, , , i -' M" q C e nJ C' t ,r 4:1 Ll al ?5 OL?-- rci c/ e- i /74 ?-? ??S ? , ?? l 7 U l3 717-.;L;6 -,7&i o do r gin; JANET L. WETCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MONTY R. WETCH, Defendant CIVIL ACTION - LAW NO. 07-169 CIVIL IN DIVORCE Substitution of Counsel / Chance in Address Without Leave of Court (Rule 1012(b)(2)(ii)) Praecipe for Entry of Appearance To the Prothonotary: Please enter my appearance on behalf of Janet L. Wetch, Plaintiff. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below: Date: 29`" of August, 2008 Robert J. Dailey, Esquire I.D. No. 203418 Gerber & Associates 46 East Main Street Palmyra, PA 17078 Phone (717) 838-5411 Fax (717) 838-3047 rdailey(2gerberlawoffice.com Robert J. Dailey, Praecipe for Withdrawal of Appearance To the Prothonotary: Please withdrawal my appearance on behalf of Janet L. Wetch, Plaintiff. O'Brien, Baric & S Date: 29`h of August, 2008 J. CERTIFICATE OF SERVICE I hereby certify that on the s1_ day of ?? 2008, I, Andrea M. Barrick, of O'Brien, Baric & Scherer, did serve a copy of the Substitution of Counsel/Change of Address Without Leave of Court (Rule 1012(b)(2)(ii)), by first class U.S. mail, postage prepaid, to the party listed below, as follows: Monty R. Wetch 808 Hamilton Street Carlisle, Pennsylvania 17013 Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Andrea . Barrick ?? r._ ??' __? i ,-, , ?;:-; t ?-: is .:; ,. r` , ?.., ,, o JANET L. WETCH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 2007-169 CIVIL TERM MONTY R. WETCH, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT UNDER & 3301(c) OF THE DIVORCE CODE q 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on It(I day of J avl V Q? _ 20G? in the Cumberland County Prothonotary's office. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety 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. § 4904 relating to unsworn falsification to authorities. Date: of &Q2a?? 2008 Q)k)UA A. ?JrCk et L. Wetch Q %'"?. '% ?`?=, N ?;.s r 7'i_ C1- r;?- ? ?', ?r?,tl wl .a s..- ?5.. © ,.,,.? M Y d N JANET L. WETCH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 2007-169 CIVIL TERM MONTY R. WETCH, CIVIL ACTION -LAW Defendant 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. r 17 e C el/ , W 2008 Date. of Monty R. We ch E71 ` . t.C ? ny ti? JANET L. WETCH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 2007-169 CIVIL TERM MONTY R. WETCH, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT UNDER & 3301(c) OF THE DIVORCE CODE 14-11 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on day of J?? uc? T 20 01 in the Cumberland County Prothonotary's office. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety 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. § 4904 relating to unworn falsification to authorities. f Date: /(1 of Pe c ,0 /1i1, ? ?--`e-C-2008 Monty R. Wetc h_. t £ cr) 1 L , J CJ •?'t V {? C U JANET L. WETCH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 2007-169 CIVIL TERM MONTY R. WETCH, CIVIL ACTION -LAW Defendant 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: k o of ? nk4 ? 2008 r Jan` t L. Wetch C:D cap C\j - u rr: rn t5 cv V JANET L. WETCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 07-169 CIVIL MONTY R. WETCH, Defendant IN DIVORCE MOTION TO BIFURCATE DIVORCE AND NOW, comes Janet L. Wetch, by and through her attorney, Robert J. Dailey, and files the within Motion to Bifurcate Divorce pursuant to 23 Pa.C.S. §3323(c.1) and, in support thereof, sets forth the following: 1. The parties were married in Houston, Texas in 1976. 2. The parties separated on December 1, 2005 and have remained separate and apart since that date. 3. Plaintiff filed for divorce from Defendant on January 9, 2007. 4. This Court appointed E. Robert Elicker, II, Esquire as divorce master to hear this case on September 24, 2007. 5. A hearing was scheduled for this matter on December 16, 2008 before the divorce master. 6. At that hearing, the parties agree to bifurcate the divorce and preserve the claim of equitable distribution and the right to raise the claim of alimony at a later date. The Stipulation is attached hereto, incorporated herein, and marked as Exhibit "A". 7. The parties executed affidavits and waivers of notice on December 16, 2008 and those documents were filed with the Prothonotary on December 11-t , 2008. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a decree in divorce releasing the parties from the bonds of matrimony and preserving the issues of equitable distribution and alimony. Respectfully submitted, GERBER Robert J. Dailey, Esqu' e Supreme Court I. P. No. 203418 46 East Main Stre Palmyra, PA 17078 (717) 838-5411 Attorney for Plaintiff ?`': ? :: ,. ? -Vi - Y .i - ? r ? ' ?? ?-..1 ? ?` ?=i ?... ?? : _. n , ` p. __ wy _ ? ?-?: ' ? ..r? ??• V } a •, EXHIBIT "A" JANET L. WETCH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07 -169 CIVIL MONTY R. WETCH, Defendant IN DIVORCE STIPULATION The parties were married in Houston, Texas, in 1976. The parties separated on December 1, 2005, and have remained separate and apart since that date. Plaintiff filed for divorce from Defendant on January 9, 2007. There are outstanding issues with regard to equitable distribution of the marital estate. Nevertheless, the parties wish to be divorced from the bonds of matrimony. The parties have executed affidavits and waivers of notice as attached. Wherefore, the parties stipulate and agree to have the divorce bifurcated and request that this court enter a decree in divorce. Claims preserved for further resolution by the Master are equitable distribution and alimony. Date Date (?)' ]\? 0 1- -A - W 'A'k J t L. etch Monty R. Wetch JANET L. WETCH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-169 CIVIL MONTY R. WETCH, Defendant IN DIVORCE VERIFICATION I verify that the statements made in the foregoing document 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. §4904, relating to uns, Date: 1--- 6 1 e l JANET L. WETCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW NO. 07-169 CIVIL MONTY R. WETCH, Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Robert J. Dailey, Esquire, of the Law Office of Gerber & Associates, certify that I had mailed by U.S. Mail, First Class, a copy of the Motion to Bifurcate Divorce on January 15, 2008 to the following interested party: Monty R. Wetch 808 Hamilton Street Carlisle, PA 17013 Defendant r`? ^' " c?a C ?_. Cti7 ? 3 "- ?7 t1 j:c i'a 1 : .»i ?.. ..?? ???) _ .v.) ?.? r' } ,,. .:.. ? ? f.... y ? ?... ? t '?" t ?..j ?y .? ?. °^C: JANET L. WETCH, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-169 CIVIL MONTY R. WETCH, Defendant To the Prothonotary: IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD Transmit the record, together with the following information, to the Court for entry of a Divorce Decree. 1. Ground for divorce: mutual consent and irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: acceptance of service signed by Defendant on February 7, 2007. 3(a). Date of execution of the affidavit required by § 3301(c) of the Divorce Code: Plaintiff and Defendant - December 16, 2008. 4. Related claims pending: equitable distribution - claim filed and pending; alimony - claim preserved but not filed or pending. 5(b). Date Waiver of Notice of Intention to Request Entry of Divorce Decree was filed with the prothonotary: Plaintiff and Defendant - December 19, 2008. GERBER & ASS Robert J. Dailey E: I.D. No. 203418 46 East Main Str 1 Palmyra, PA 17078 (717) 838-5411 - ,,?, <: .?. ;?.? . , ?__. ? c,s' --.? -' ?-_ c.? n,, ., ? ? jaket d_ Oe+C-lk nlo. b - l to q w I vs. / M o &4-y A• I' G Pe4? ?'J o A -per 14110 o ti y To who it may concern, I Monty Wetch am applying to the courts of Cumberland County for alimonie from my wife Janet Wetch. We are in the last stage of our divorce and I want her to pay me alamonie. Please consider my request and forward this information to The Divorce Master Mr Robert Elicuir. Thank You Monty wetch 808 Hamilton st Carlisle Pa 17013, Number 2007-169. my phone number is 717 226 9618 j 4 a?- / 7s 336 f-36-?? q ferA NOTARIAL SEAL PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4.2010 fX auit? ? Tz> 44 S d r- - F-s V JANET L. WETCH V. MONTY R. WETCH DIVORCE DECREE AND NOW, 7v"v .. ?' , Zoo? , it is ordered and decreed that JANET L. WETCH , plaintiff, and MONTY R. WETCH , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Equitable Distribution - raised; Alimony - preserved to be raised. By the Court, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-169 ---/ Attes J. Prothonotary ,P %5y-vl , , vt ? 62- JANET L. WETCH, Plaintiff Vs. MONTY R. WETCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 169 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this 0a day of -Jr 2009, the parties having previously been divorced by decree entered February 5, 2009, and the parties and counsel having entered into an agreement and stipulation resolving the economic issues on April 24, 2009, the date set for a conference,, the agreement and stipulation having been transcribed and subsequently signed by the parties and counsel, the appointment of the Master is vacated. BY URT, Edgar B. Bayley, P.J. cc:obert J. Dailey Attorney for Plaintiff e my R. Wetch Defendant t CO ?, JANET L. WETCH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07 - 169 CIVIL MONTY R. WETCH, Defendant IN DIVORCE THE MASTER: Today is Friday, April 24, 2009. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Janet L. Wetch, and her counsel Robert J. Dailey. Mr. Wetch is present but not represented by counsel. The parties were divorced pursuant to a petition for bifurcation on February 5, 2009. The order was signed by Judge Hess; claims preserved in the decree were equitable distribution and potential alimony claims to be raised by either party or both parties. After discussion today, the parties have reached an agreement with respect to the issues relating to equitable distribution. Both parties have agreed to return later today to sign the agreement and conclude all outstanding matters pending in their divorce action. The Master, with Mr. Dailey's consent, is going to recite the agreement on the record. 1. The parties have funds in an escrow account arising out of a sale of their real estate at 808 Hamilton Street, Carlisle, Pennsylvania, in the amount of $44,384.00. Those funds are going to be distributed to each of the parties as 1 follows: Mr. Wetch will receive the sum of $13,958.00; Mrs. Wetch will receive the sum of $30,426.00. These sums are held in an escrow account with Mr. Dailey. He will make the distribution of the funds pursuant to checks written on that account within seven (7) days from today's date, and close that account. The money that is being distributed to each of the parties is based on an agreement that the parties had with regard to a distribution of the funds based on credits and debits that the parties have agreed to in accordance with an offer of proof which both parties have had access to prepared by Mr. Dailey, Page 12. The offer of proof has been followed in its entirety with regard to the credit and debit of funds with the exception of (ii) which has been divided in half to the amount of $2,750.00. Using the numbers as shown on the offer of proof as prepared by Mr. Dailey, we have arrived at the amount of money that each party is to receive from the escrow fund as stated above. 2. Mrs. Wetch has a pension and a 401(k) plan and Mr. Wetch has agreed that he will make no claims on account of those plans. Likewise, Mr. Wetch has a disability check with his former employer, Consolidated Freight Ways, and Mrs. Wetch will make no claims against any monies that Mr. Wetch receives from Consolidated Freight Ways. 3. The parties waive any and all claims which either may have against the other for alimony. 4. Mrs. Wetch has agreed to accept responsibility for the payment of her counsel fees and will make no claims against Mr. Wetch for contribution of her attorney fees. 5. All household tangible personal property has been distributed between the parties previously and each party will retain what he or she has currently in his or her possession. The above statement is the full and complete agreement of the parties and the parties will sign the agreement today after review for typographical errors, make 2 .y correction of typographical errors, if any, and affirm the terms of settlement as stated on the record. The conclusion of this agreement will then complete all matters outstanding in the parties' divorce case. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: Robert J. 96ilky Attorney f pr P1 intiff DATE: DC\ J', net ?LWetch onty R Wetch 3