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HomeMy WebLinkAbout94-01146 ~ '- '" l. oJ .~ Q) :+ d . ~ 0.- ......... ~ ........ .......... ,.:....' .;co' .:.... ':C-'.:c- .:~ <4to",k..;co.:c- .;co '.;co .:.> .:.:. .;c' .:.:. .:.:. .:.> .:c. ':.:"'O;c~~:W.;.:c-:;.:w.;:s.c.::.:<<-,.~.;coc:<e<X4C(~ M -- ,.' ~ ~ ~ IN THE COURT OF COMMON PLEAS g b W,', ~ ~ ,,~ ~ ~ ..' OF CUMBERLAND COUNTY STATE OF *' PENNA. " ~. ~ 8 ,;, ~ ""...'""....,,',.. ~ il ,k'.l<!inUU....,.. I I! N (I. .....1..i.46.J;:J.v~.k...1.~.~.1 ,', * .."S,H(I~ON .J..,....l?,OTTE1GER, w ... $ Versus ~ ~ 'j ....KE~~I:;TI:I,L....I'OT.:rE1GER, ,1.11,....,.. .......1 II Defendant :1 w '.' ." i " ,', ~ DECREE IN DIVORCE i '.' ,', ~ ~ ."; ,', ~ AND NOW, .... ..... !fri'. ~.~... -:'.~-:'.., 19.94..., it is ordered and decreed that..... SHARON. .L.. POTTEIGER....................., plaintiff. and. ............. .~I;:tlN,E;'l:I;I. ~'" .I.'O:r.~F;:(yJ;:R,.. 1U............, defendant, are divorced from the bonds of matrimony. ~ ,~~ ~ " <;', i ... 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; ," ~ w '.' ~ ,.' ,'~ ~ . .~9!lP... .. f..l).. . i:;.s.ll~~. r.G!;olY.Gd. p~r: . Mar.i.tal. .Agreement. .dated... . . . . , ,', ~ w ~.' ~ " . .N0vem13er. .1.1;. .1994..... ............ ...... ............................... Dy T~ourl: ,j ~I'.\) , /J ~ AlI~~i: ...~_~ e "~' ~ J. ~: ,~,,t' ~ 'Prolho~olary ~ f.' ~ ~ '.' ," ~ ~ ~ ~ :;' - -- ';...;. .:.:. .:. ~ .. $ g ~ ~ ~ 8 M <'~ ~ ~ ~ ~ ~ ~ e " " 8 " !!l ~ ~ ~ ,'~ I'~ * s a '.' ~ '.' a '.' ~ ,', ~ ~ '.' ~ l~ !~ /. !~ 1',- I... i: r. -..,.... L~ '.....,,:..-'_. .,.'. - ~1" ;tr~~, ...".""""..' .,.,j;. .- '.' . .. , -r , 7f~ /H~ ,g &~ //..:<5'..9'7 I; , .. . .' - ... ~ MARITAL AGREEMENT If) It THIS AGREEMENT, made this Al ItAA day of , vC)IIt'NI , 1994, by and between Sharon L. Potteiger, party of the first part, hereinafter referred to as "Wife", and Kenneth L. Potteiger, III, party of the second part, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on May 25, 1991; and WHEREAS, there has been issue of that marriage, to wit: Brandon W. Potteiger, D.O.B., April 6, 1993; and WHEREAS, certain differences have arisen by and between the parties as a result of which they have separated and live separate and apart from one another, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support and/or maintenance of the children; the implementa- tion of custody/visitation arrangements for the minor children of the parties; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against '.' ... ! '. . their respective estates. WHEREAS, the parties being fully advised as to their respec- tive rights, duties and obligations growing out of their marital status, particularly with respect to the relevant sections of the Divorce Code, April 2, 1980, P.L. 63, No. 26, as amended, and being fully aware of their right to consult with or having consulted with their respective legal counselor advisors, Andrew C. Sheely, Esquire, for wife, and James A. Miller, Esquire, for Husband, and having had the opportunity and ability to request a full and complete disclosure of income and assets from the other, and reviewing this Agreement, have come to an agreement as to each and all of their said matters of property and relations; and WHEREAS, Wife has filed a No-fault Complaint in Divorce, said complaint being docketed in the Cumberland County prothonotary's Office at No. 1146 civil 1994. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter set forth, each of the parties hereto intending to be legally bound hereby by affixing their hands and seals agree as follows: 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from each other in such place or places as he or she may from time to time choose or deem fit. 2 '.' " . ... ~ .. . 2. INTERFERENCE Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other or compel or endeavor to compel the other to cohabitate or dwell with him or her, or to in any way harass or malign the other. 3. WAIVER OF CLAIMS AGAINST ESTATES Except as otherwise provided herein, Husband relinquishes his inchoate intestate right and his right to act as a personal represent- ative in the estate of Wife, and Wife relinquishes her inchoate intes- tate right and her right to act as a personal representative in the estate of Husband. Each of the parties hereto by their presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns or any of them, of any and all claims, demands, damages, actions, causes of actions, suits, at law or equity, of whatsoever kind or nature, for or because of any matter or thing omitted or suffered to be done by said other party prior to and including the date hereof, except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any cause of action in absolute divorce which either party may have against each other. 3 . , . '.' . . c, 4. MARITAL PROPERTY The parties hereto acknowledge that during their marriage they have acquired, individually or jointly, various assets and proper- ty, including the following: (A) Real Estate located at 313 Belaire Drive, Shiremanstown, Pennsylvania; (B) Mellon savings Account No. 00355-070366 (C) Mellon Checking Account No. 884-012519 (D) Five (5) shares of common stock: Quaker Oats (E) Two (2) shares of common stock : Mattel Corp. (F) 1988 Chevrolet Beretta (G) Proceeds from 1990 Hyundai Sonata (H) Wife's state Employees Retirement Pension (I) Wife's IRA The parties acknowledge that they are aware of their re- spective rights pursuant to the Divorce Code of 1980, as amended, to obtain formal valuations or appraisals of the marital residence, Wife's Pension and other items of marital property. However, the parties have determined that they will not undertake this expense and acknowledge that no financial disclosures are attached to this agreement as separ- ate exhibits or schedules. The parties hereby waive any necessity for completing or attaching any financial disclosure(s). Each party further acknowledges the opportunity to attach a full and complete financial 4 f'."'....... -'" '.' " -, . disclosure and that such disclosure is not required to effectuate a fair and equitable resolution of their marital rights, duties and obligations as provided in the Divorce Code of 1980, as amended. 5. PERSONAL PROPERTY Husband and Wife agree that Wife shall be entitled to full and exclusive possession of the following items of marital property following execution of this marital agreement: (A) Real Estate located at 313 Belaire Drive, Shiremanstown, Pennsylvania 1 (B) Mellon Savings Account No. 00355-0703661 (C) Mellon Checking Account No. 884-012519 (D) Five (5) shares of common stock: Quaker Oats (E) Two (2) shares of common stock: Mattel Corp. 1 (F) 1988 Chevrolet Beretta (H) Wife's State Employees Retirement pension1 (I) Wife's IRA Husband and Wife agree that Husband shall be entitled to full and exclusive possession of the proceeds from the trade-in on the 1990 Hyundai Sonata. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appli- ances and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property is heretofore owned jointly or individually by the parties hereto, and this Agreement shall have the effect of an assignment or bill of sale from each party 5 '., . . . , . . to the other for such property as may be in the individual possessions of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, conveyor otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposi- tion of property. 6. REAL ESTATE Husband agrees to transfer his right, title and interest in and to the parcel of jointly-owned real estate with improvements thereon situate at 313 Belaire Drive, Shiremanstown, Cumberland County, Pennsylvania, to Wife and to sign all documents necessary to effect said transfer of the title to the real estate to Wife's name indi- vidually. The documents necessary to transfer title from Husband and 6 .' . ~ Wife to Wife to the jointly-owned real estate will be signed simul- taneously herewith. Wife agrees to assume and pay and save Husband harmless from any obligation which he may be liable as a result of the mortgage on the jointly-owned real estate in favor of Pinnacle Mortgage Investment Corporation, said mortgage being recorded in the Cumberland County Recorder of Deeds Office in Mortgage Book 1128, pa;e 1116, and such mortgage being assigned to Peoples Bank in Miscellaneous Book 453, page 1036, and assigned again to the Atlantic Mortgage and Investment corporation, in Miscellaneous Book 475, Page 517. Wife agrees that upon delivery of the deed to the jointly-owned real estate, she will make the mortgage payments and will indemnify Husband on account of any obligation he may have to her on account of the mortgage or mortgages or assignees, as well as any other obligation concerning the ownership of the real estate including, but not being limited to, municipal liens, real estate taxes, sewer and water assessments, fire and cas- ualty insurance, and utilities. 7 :' . ". ',' 7. MOTOR VEHICLES The parties hereto agree that Wife shall be entitled to have the sole and exclusive control, benefit, use and title of the 1988 Chevrolet Beretta. Wife further agrees that she shall remain respon- sible for any car payments or loans which are outstanding or due on the 1988 Chevrolet Beretta at the signing of this Agreement. The parties hereto agree that Husband shall be entitled to have the sole and exclusive control, benefit and use of the proceeds from the 1990 Hyundai Sonata which was traded for another vehicle following separ- ation. Husband further agrees that he shall remain responsible for any car payments or loans which are outstanding or due on the 1990 Hyundai Sonata at the signing of this Agreement. 8. MISCELLANEOUS (A) The parties hereto acknowledge and agree that any and all savings and checking accounts, as well as certificates of deposit, owned by them jointly or singly, and not specifically set forth above, have been divided to their mutual and individual satisfaction. (B) Neither party hereto shall make a claim upon the other for accumulated pension, profit-sharing, retirement support, retirement benefits, insurance policies, IRA's, or any retirement-related benefits. Specifically, Husband hereby waives any and all claims against the Wife's pension which shall become the sole and exclusive property of Wife. 8 .' . (C) The parties hereto acknowledge and agree that any and all life insurance policies owned by them jointly or singly have been divided to their mutual and individual satisfaction. Each party hereto acknowledges that they have in their sole possession those policy or policies of life insurance which they intend to keep and retain as their sole and exclusive property and, further, each party shall have the right to designate the beneficiaries of said policies. (D) The division of existing marital property is not, except as otherwise expressly provided herein, intended by the parties to constitute in any way, a sale or exchange of assets and the division is being affected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of an equitable division of the marital properties and the marital settle- ment herein contained, the parties hereto agree to save and hold each other harmless from all income taxes assessed against the other result- ing from the division of the property as herein provided. 9. DEBTS OF HUSBAND AND WIFE The parties hereto agree that any and all obligations in- curred subsequent to the date of separation, said date being January 21, 1994, shall be the sole and individual responsibility of the party incurring the obligation. Husband represents and warrants to Wife that from the signing of this Agreement and in the future he will not contract or incur any 9 .. . . . . debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Wife represents and warrants to Husband that from the signing of this Agreement and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 10. CUSTODY Husband and Wife agree that they shall have joint legal custody of the child. In addition, Husband and Wife agree that (1) Wife shall have primary physical custody of the child. Husband shall have periods of temporary, partial custody on the followinq basis: (a) On an alternating weekend basis from Friday at 6:00 p.m. until sunday at 6:00 p.m.~ (2) And any other times as the parties may agree. (3) The parties agree that in the event that they have physical custody of the child and they are unable to retain custody of the child or otherwise are in need of a "baby-sitter", that the parent then in custody shall contact the other party to 10 . try and make arrangements to have that parent serves as a "baby sitter" for the period of the time that the custodial parent cannot care for the child. (4) Kenneth L. potteiger, III, shall provide transportation for the pick-up of the child during the periods set forth above at the commencement of his custody period. Sharon L. Pot- teiger shall pick-up the child at Husband's residence at the termination of Husband's custody period. In the event either party is unable to comply with the pick-up or drop-off times set forth above, he or she shall provide the other party with at least two (2) hours advance notice, when possible, of his or her inability to comply with the time constraints set forth herein. (5) The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is always protected. (6) Neither parent shall do anything which may estrange the child from the other party, or injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love or affection for the other party. 11 . '.' (7) Any modification or waiver any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Agreement. In the event any Court of Common Pleas deems this Custody Agreement unenforceable due to changed or unforseen cir- cumstances, such decision shall have no effect on the remain- ing portions of the Marital agreement. (8) The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. (9) The parties acknowledge that, after having the opportunity to consult or after consulting with their respective legal counselor advisors without any duress or undue influence. Husband and Wife further agree that Wife shall be considered the custodial parent for income tax purposes and she shall be entitled to claim all dependency exemptions for the child for income tax pur- poses. Husband hereby waives any right to claim such exemptions on all of his future income tax returns. Husband agrees to execute any IRS form or other document which may be required to release all future rights to claim dependency exemption on account of the child. Nothing contained in the paragraph or Agreement shall prevent Husband or Wife from filing a custody complaint or petition requesting modification of this Agreement through the conciliation process. 12 '.' 11. SUPPORT FOR CHILDREN The parties hereto acknowledge that an Agreement has been reached concerning the support of the minor child, Brandon W. Pot- teiger. Under this agreement, Husband agrees to pay Wife the amount of $300.00 per month for the support of the above-mentioned minor child. The support payments are presently deemed to be sufficient and satis- factory for the proper support and maintenance of the minor child. It is understood that circumstances may necessitate an adjustment in the amount of support either upwards or downwards, depending upon the circumstances and the respective incomes of the parties hereto in accordance with general support standards. The parties hereto agree that each will, at the request of the other, reduce the within agree- ment for support to a court order for support in the county of appropriate jurisdiction. In addition to the support provided hereunder, Husband specif- ically agrees to maintain medical and health insurance for the benefit of the parties' minor child. The parties further agree to evenly divide the costs of all medical expenses incurred for or on behalf of the minor child to the extent that said medical expenses exceed the current medical and hospitalization insurance available to either party. Nothing set forth in this Agreement shall prejudice the right of either party to file a child support action in any Court of appropriate 13 '. . jurisdiction notwithstanding the terms of this Agreement. 12. ALIMONY. SUPPORT. MAINTENANCE AND COUNSEL FEES Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support, alimony and maintenance and, further, waive and relinquish any rights to division of property, other than provided in this Agreement and, finally, waive any rights to alimony pendente lite, counsel fees and court costs. Husband and Wife both agree that they have been respectively advised and are aware of the contents of the provisions of the Divorce Code, as amended, in Pennsylvania, wherein considerations are set forth in determining an appropriate amount, if any, to be paid in the form of alimony. After being fully advised of the contents of the Divorce COde, as amended, both parties voluntarily and intelligently waive and relinquish any right to seek from the other payment for support, alimony and maintenance. 13. MUTUAL RELEASE 14 . : . subject to the provisions of this Agreement, each party waives his or her right to alimony and further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code, as amended. Subject to the provisions of this Agreement, each party has released and discharged and by this Agreement does for himself or herself, and his or her heirs, legal represent- atives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce or except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives their right to request marital counseling pursuant to section 3302 of the Divorce Code. 14. SUBSEOUENT DIVORCE A decree in divorce entered by a court of competent juris- diction to either party shall not suspend, supersede or affect the terms of this Agreement. Both parties agree, if requested, to enter a Consent Order or Orders concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed or to be filed. This Agreement, and the terms and 15 " conditions contained herein, as well as the enforcement of said terms and conditions, shall be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. Furthermore, both parties hereto agree, if requested, to execute the appropriate affidavits and consents to secure a No-fault Divorce as may be required by the Divorce Code, as amended. Both parties hereto agree that this Agreement may be incorporated into a separate Court Order but shall not merge in such order. 15. 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of the Divorce 16 " . Code or any amendments thereto. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provi- sions of this Agreement. 16. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counselor by having the opportunity to seek explanation from counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influenc- e. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 17. ADDITIONAL INSTRUMENTS Husband and Wife shall from time to time at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the conditions of this Agreement. 17 . .. . 18. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agree- ment shall not be construed as a waiver of any subsequent default of the same or similar nature. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or construed as a waiver of any other term, condition, clause or provision of this Agreement. 19. BREACH If either party hereto breaches any provision of this Agree- ment, the other party shall have the right, at his or her election, to sue for such breach, or seek other remedies or relief as may be avail- able to him or her. Both parties agree and are aware that non- compliance with any provision of this Agreement-permits either party to pursue appropriate legal remedies, including sanctions as set forth in 23 Pa. C.S.A. ~3105. Each party further hereby agrees to save and hold harmless the other party from any and all attorneys' fees, costs and legal expenses and expenses that either may sustain, or incur or become liable or answerable for, in any way whatsoever, or shall pay upon, or in consequence of, any default or breach by the other of any of the 18 terms or provisions of this Agreement by reason of which either party shall or shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both or in any way whatsoever, provided that the party who seeks to recover such attorneys' fees, costs and legal expenses and expenses must first be successful in whole or in part, before there would be any liability for attorneys' fees, costs, legal expenses and expenses. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by the other party in endeavoring to protect and enforce his or her rights under this Agree- ment. All remedies provided by law and all remedies provided for in this Agreement for enforcement of the Agreement shall be deemed to be cumulative and the exercise of one remedy shall not bar or prevent the pursuit of any other remedy and either party may elect to pursue such remedies simultaneously and the exercise of a remedy one or more times shall not exhaust its use or prevent further pursuit of such remedy. 20. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any effect whatsoever in determining the rights or obligations of the parties. 19 . '. 21. 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 covenant and agreement. 22. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. For purposes of contract interpretation and for purposes of reSOlving any ambiguity herein, the parties agree that this Agreement was prepared jointly by their respective attorneys. 23. VOID CLAUSES If any term, conditions, clause or provision of this Agree- ment 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. 24. BINDING AGREEMENT This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 20 . . . IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: (SEAL) (SEAL) 21 C~lj?)a7 tJ. .g~/7/?~ Notary puitHc My commission Expires: .. '. ,- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . . : SSe . . On this, the I c;ttIf- day of 7104-fe'-n c.6e-z,- 1994, before me, the undersigned officer, personally appeared Sharon L. potteiger, known to me (or satisfactorily proven) to be the person whose name is sub- scribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. r:;/t:b/.J/~t.tJ (). h.4/1A Notary Pu~ My commission Expires: NOTARIAL SEAL CATHERINE 1. BARRA, NOTARY PUBLIC SHIREMANSTOWN BORO, CUMBERLANO CO PA MY COMMISSION EXPIRES SrPT. 9. 1995 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~'7t.k~"Yu9 . . SS. . . On this, the I'~ day of :?,1~~>>~, 1994, before me, the undersigned officer, personally appeared Kenneth L. potteiger, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL SH CATHERINE j, BARRA. NOTARY PURlIC IREMANSTOWN BORO. CUMBERlANO CO PA MY COMMISSION EXPIRES SrPT. 9, 1995 "::'0 ~ ~ L, ~ 0') ,'. u:....... "rt_ ,,,;... ,~ " ., ,:~ ;~'2.)~~. "'" - "" -"" -:: .,.l..... . -.,JI.I') .,.;; -~- _"J t- ~.J~ ~i_:: . . ~ . . Certified Mail, Restricted Deliver Return II" e t >. , SIIMlON L. PO'I"n: LaSR, Plaintiff 1II 1m; COURT 01' CUlIllOI/ I'I.EM OF CUllllElll.Al/D COUI/TV, PEIIlISYLVAlIIA I/O, 1146 CIVIL 1994 vs. KENNE'l'lI L. PO'I"l'EIGER, Ill, Defendant: l'RAEClI'E 10 TRAI/SlItr IlECUllIJ To tht! I'rothollotllry: TransmIt tho rt!cord, togt!thor wIth tho followll1g Il1formatlon, to tilt! court for entry of a dlvorct! dt!crt!t!: 1. Grouml [or dIvorce: lrrQtrlevnble bre"kdown u...lt!r Section (JJUI(c) '~~ll of tht! Divorce Codt!. (Strike out 111111'1'11cllblt! st!ctlon.) 2. illite 11...1 mllnnt!r of st!rvict! of tht! complaInt: ~li1r('h 14, 1'1'14 hl' J. (Coml'lt!tt! t!itht!r pllragrlll'h (a) or (b) .) (II) Dlltl! of t!"t!cutlon of tht! nffidavlt oC const!nt rt!quirt!d by St!ctlon nOI (c) of tht! DIvorce Codt!: by thl! I'lnlntHf Novpmhf"r 10. 1 qqa by deCt!...lnnt November 10, 1994 (b) (1) Dlltt! of ext!cutlon of tht! p1nlntHf's aff1dllvit rel(ulrt!d by Sl!ctlon JJOlld loC tht! lJ1vorct! Codt!: (2) dlltt! of sl!rvlct! of tht! I'lnlntHf's aCfldnvlt upun tht! d.!ielldl1nt: I,. !\t!ll1tt!d claIms 1't!lIdlng: None. 1\ll iSHues r<lsolved per Marit:nl 1\greement dated Novrnnber 11, 1994. '~/.w (l. fI~. Attornt!Y for (l't.VtntUO ~~RWH<<~ 1\ndr.ew C. Sheely, Ssquire -:r ;:'''1'' :::r.::: ..~~ .j.~~n ,.' ..C-- ."("','--- :~ ~(}; ::n ''';' ;. t.e 1 .; 1"C!.''', ,;;) ;...". ,.. -<:> .....e ." ,I '- ''"' ~ \-1 '':t- ~) -,\ .~ ~~; it. . .,.... . . '~ ...... ~, '-..J "- . \J -=- " c:n ~.-- - -~ " ~ 0 10 c:J Q V) "', I", I' ;"") I'- :I) ~ , ~..., ~ , = ~ -, @ :J.= (/) < W ,~ H =~ ll.< H Z .... I. ..., ~:-t ZZ .... C E-o -~ OW ..,. .,,( . ra e.1 ~i:' :Ell.:3:'" . ..., ll: '0 Z ei1r.:li';t;~;:: :E <'" 0: C W C o ......:J~ W .,,( t? Cll H t!lr.:l:s"';:!~ U>< t? 10 H .... ii;j!<~~~ E-o .1 H .-i W Cll <: rLlZ IH W '" E-o C ~O~2:~ 0::> > E-o III E-o o-l 0 H E-o > 0 ",;So. E-oUZU 0 ll. ll. it z... . 0:; 0 ll. ~r.:l"'~~1@ ::>CH :E ~!~~~~ OZE-o ...; U<:U o-l 0 ..,Z ",Z ~1< :c < ;Si:' WO: Z E-o U ...- "'r- :r:WI.J 0 W ...~ E-oCDH ll: Z =.J :E> . <: Z Oil:: Z::>HO :c t>l HUUZ Ul :.:: . < : ! ,. i vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. II L/ '" CIVIL 1994 IN DIVORCE SHARON L. POTTEIGER, Plaintiff KENNETH L. POTTEIGER, III, Defendant NOTICE TO DEPEND 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 against you and a decree in 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 with your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County courthouse, Carlisle, 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 LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland county Courthouse carlisle, Pennsylvania 17013 (717) 240-6200 BY:A~s~e~ire PA. I.D. No. 62469 5 West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff .. : SHARON L. POTTEIGER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. /I<11p CIVIL 1994 IN DIVORCE vs. KENNETH L. POTTEIGER, III Defendant COMPLAIN'l' 1. Plaintiff is Sharon L. Potteiger, who currently resides at 313 Belaire Drive, Shiremanstown, Cumberland County, Pennsylvania. 2. Defendant is Kenneth L. Potteiger, III, who currently resides at 823 Pear street, Apt. B, Lemoyne, Cumberland county, Pennsylvania. 3. 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. 4. Plaintiff and Defendant were married on May 25, 1991, at Camp Hill, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of marriage counseling and understands that she may have the right to request that the court require the parties hereto to participate in counseling. 7. Plaintiff avers as the grounds upon which this action is based is that: (A) That the Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse, as to render her condition intolerable and life burdensome or, in the alternativer '. : (B) That the marriage between the parties hereto is irretrievably broken and that the plaintiff and Defendant have lived separate and apart since January 21, 1994 or, in the alternative; (C) That Plaintiff and Defendant are now living separate and apart and, at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce divorcing Plaintiff and Defendant absolutely. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsifica- tion to authorities. J1(U.nn d .p cdTI" Xl 0 1 Sharon L. Potteiger \ (SEAL) Date: f\l~ 1, WI'l' d..-tv (J. 3 Andrew C. Sheely, Attorney for Plaf (SEAL) 3 SHARON L. POTTEIGER, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. KENNETH L. POTTEIGER, III Defendant NO. CIVIL 1994 IN DIVORCE APPIDAVIT SHARON L. POTTEIGER, being duly sworn according to law, deposes and says: (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 Domestic Relations 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. section 4904 relating to unsworn falsi- fication to authorities. --1.hClAC"" cf RJ.L "1~A Sharon L. potteiger SWORN to and suba~ribed before me thA-s 74:L day of ')1. tA.~tC , 1994. (''tiLL[ ~ (),r2:,-tb____U/ Notary Public ssion Ex ires: NOTARIAL SEAL LAURA A. BISTLINE. Notary Public Carli lie. Cumberland C.unty My Commilli.n Elplres March 26. 1!97 . . " SHARON L. POTTEIGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. KENNETH L. POTTEIGER, III, Defendant NO. 1146 CIVIL 1994 IN DIVORCE APPIDAVIT OP SERVING COMPLAINT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . . : S5. . . ANDREW C. SHEELY, being duly sworn according to law deposes and says that he caused the Complaint in the above-captioned matter to be served by certified Mail, Restricted Delivery, Return Receipt Requested, as indicated by the attached receipt cards. 4dw C, ~ Andrew C. sheely SWORN t~and subscribed before me this /&ivr day of ~~, 1994. ~7Zti;,../"':'.R (). AOA.-?A Notary Public {7 My Commission Expires: NOTARIAL SEAL t:ATImllNE J. BARRA. NOTARY PUBLIC SHIREMANSTOWN BORO. CUMBERLANO CO PA MY COMMISSION EXPIRES SEPT. 9.1995 ' (~',-,~o:" t'\ Id -.. P 344 765 750 . . ~ Receipt for .- Certified Mail '. No Insurance Coverage Provided = 00 not use for In1ermUional Mall ....... ......... iSt!e Aeversel Kenneth L. potteiger, 8'2'3' p'ear St.. Apt. B ILemayn'e'; PI'. 17043 "'" $ ""\~ .....-~ Y C//J I: ',~", ".' fl.",...., I., C..!I,"ll,., 11"",!,,,,,!,,,ll"',,,"","'" ;;; f;..I<,",/" .'1,\........"..] m HIli',',"'!!" 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SHARON L. POTTEIGER, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1146 CIVIL 1994 IN DIVORCE vs. KENNETH L. POTTEIGER, III, Defendant AFPIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(C) of the Divorce Code was filed on March 9, 1994. I acknowledge receiving a certified copy of the Divorce Complaint, said copy being served upon me by certified Mail, Restricted Delivery, on March 14, 1994. 2. The marriage of plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree of Divorce. 4. 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 decree 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.A. section 4904 relating to unsworn falsification to DATE: /I~ ID . ~{ . L. _~..,.,"d_" -::r en - = --. = m >-,.. "',- j!;- IAl ~ :::'7; 1...'-' ... -;'C" , ," en ." .r = >- :!E . ::;:, ~.:; ~-"' . . . - . . . . vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHARON L. POTTEIGER, Plaintiff KENNETH L. POTTEIGER, III, Defendant NO. 1146 CIVIL 1994 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on March 9, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree of Divorce. 4. 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 decree 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.A. section 4904 relating to unsworn falsification to the authorities. DATE: 1,1,..j.;'I , . !) . _.J.l [ '^ r ,,,.....f t.--+t< , .-\ 0... , Sharon L. Potteiger f'~"'-"--"~ .,....0.-- -=r en :s:; - . ,. ,.. .:. ..~ ... ~ \. ;J:' ~}':}::, ff, en ,"" ~ 1.':::'. ~ -' . - ~,l ~l. '.,} . '.