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HomeMy WebLinkAbout94-01542 \... \J :+ w , , \ : ~ n 7 l{) . . ~ - ,~. -llC>' 'lie- -llC> -llC><0I> ,;c, -llC> -llC> .~ -llC> o;c. -llC> 0:':' <<<, ':.> ':01> ':C- 'lie- ':':")::'lIe-:~,;e.::-llC>:)lIe-:-'*,-llC>"-llC>.-llC>:XIlO(~ j - IJ ~ ~ ~ . . IN THE COURT OF COMMON PLEAS . S OF CUMBERLAND COUNTY $ ~ ~ ~ ; STATE OF ~~ PENNA. : 8 $ ~ 8,' S ..,Joseph..EdcEtter .... ...,......... Ii ~ N (), ,9,4.".15112..., Ci:v.i,l..,...lI1s> S ......................... ... . Plaintiff ..0..... ,. ' In Divorce 8 . :1 . S Vel'sus ,i 8 '! ., $ Jane. .Elle.n. Et.ter. . ......... . .......... .f ~ i ~.' ,. Iii (~ 8 ~ ~ ~ S ~; ,', ~ ~ ~ "- ~.' ~.~ ~ .:. ~ . .. Defendant $ ,^ .:. ~ ,', ~ DECREE IN DIVORCE ~ '. $ ~ ,; ~ ~ ~ ~ .' AND NOW, ,. .AM 'O~.$o1, ,H).",.... 0", 19 ,cr,'f" it is ordered and decreed that ,Joseph. ,Eric. .Ette.r. 0"'."..., 0'..' o. 0".'.', 0, plaintiff, and, ,Jane, El.len, Etter""",....".,.",.,.",. '.0'" 0., 0 0, defendant, are divorced from the bonds of matrimony, ,', ~ ~ @ .,' i .0' S 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; None , , .~he. Separa.tion. ,and. ,F.rQpe.r.ty, Settlement, ,Agreemen.t;. ,dated, Ma.r-c::n . , .23, . J..994 , .i,s . he.r.eby. .i.nG:oc.porat.ed. bY' ,ref'el1ence. . , . , , 0 0 0 , " . , , , 00' 8 ~ ~' Prolhonolnry ~ " ~ $ ~ 8 ~ l"( ~ ~---~- /Ao> .~. .:.:. .~ Dy The C0~~ /J / , . /ttWUn<< [' ~~.. J, , [.///'''~ ~K~ . J<~~.~ I~ I~ /' (~ )':' i: , , ,. ~-~-~---~"----- ...... ." ,..... .-.....--..-.....-...." ~ ~..,~....~ ~---- '.' ...... "'. ~ ~*~~*---~*--~-*--~~-~. ~: ,'~ , ,0, ~ ~ ',' w '.' w ... v ... ~ '00 ~...- ~ . 'J1~ /)f~~ ~~~ , , . , , ., , ,0 SeDaration and ProDertv Settlement Aareement THIS AGREEMENT, made this 23rd day of March, 1994, by and between JOSEPH ERIC ETTER of carlisle, Cumberland county, Pennsylvania, hereinafter referred to as "Husband" and JANE ELLEN ETTER, of Clarion, Clarion County, Pennsylvania, hereafter referred to as "Wife. 1. Husband and Wife were married on November 11, 1976 in Baltimore, Baltimore county, Maryland. 2, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months. 3. certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another. 4. Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property. 5. It is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them. Husband and Wife, intending to be legally bound, do hereby covenant, promise and agree as follows: A. SEPARATION. It shall be lawful for husband and wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall deem fit free from any control, restrain, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either husband or wife of the lawfulness of the causes leading to them living separate and apart. B. DIVORCE. This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and to each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for 1 , , . divorce. Husband and wife each knowingly and understandingly hereby waive any and all possible claims of this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and wife do each hereby warrant, covenant and agree that, in any possible event he and she are and ever shall be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement of for all purposes whatsoever. It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by any of the parties hereto, Such incorporation, however, shall not be regarded a merger, it being the intent of the parties to permit Agreement to survive any such agreements. C. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for each of the parties; the contribution of one party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage. The parties shall retain sole and exclusive right, title and possession of all personal property currently in their possession. Except as provided for herein, Husband shall make no claim whatsoever for any personal property in Wife's possession, including any interest Wife may have in presco International, Inc. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession, including his interest in J.E, Etter, Inc. Except as provided herein, Wife waives any right or interest she may have in Husband's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters. Except as provided herein, Husband waives any right or interest he may have in 2 " o' " Wife's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. All personal property acquired during the marriage has been equitably divided by the parties. This equitable division includes all furniture, personal affects, and automobiles. Husband will provide suitable storage space for Wife's property for one (1) year from the date of this Agreement. All jointly held monies will become the sole property of Husband. All monies held in individual names will remain so and be the exclusive property of the named party. All jointly held real estate will become the property of Husband. The Parties agree that within thirty (30) days of the date of this Agreement they will sign any and all necessary papers to effectuate any provisions of this Agreement. D. CUSTODY AND SUPPORT OF CHILDREN. The parties agree to shared legal and physical custody of their son, JORDAN ERIC ETTER, born August 11, 1977. Both Husband and Wife shall be responsible for the day to day decisions when they have custody of the children. Neither party has the right to make a unilateral decision of the following major issues: Education; Medical treatment (other than emergency treatment); and General welfare. It is agreed between the parties that any decisions on these issues will be made jointly. Each party agrees to keep the other apprised of any and all matters relating to the children's health, education, welfare, and activities. Husband and Wife acknowledge their obligation to contribute to the support of their children. a. From the date hereof until Wife completes her current degree, becomes employed, and repays her student loan, Husband shall be responsible for the primary day to day living expenses and needs of Jordan Eric Etter. Once Wife completes her degree, becomes employed and repays her student loan, she will contribute one-third (1/3) of the day to day living expenses and needs of Jordan Eric Etter, b. Said support shall continue for Jordan Eric Etter until said child reaches eighteen (18) years of age or graduates from High School, whichever occurs later. 3 . . c. Beginning with the tax year that ends December 31, 1993, the parties hereby agree that for Income Tax purposes, Husband shall claim Jordan Eric Etter as a Dependent. Furthermore, the Parties agree to cooperate in filing joint income tax returns for the tax year ending December 31, 1993. E. RELEASE OF SUPPORT FOR HUSBAND AND WIFE. Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony, support, or maintenance. F. Each party represents to the other that except as otherwise specifically set forth herein, there are no major outstanding obligations of the parties, that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemni~ies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. In the event either party contracted for or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that they have no outstanding debts or obligations of the Husband and Wife incurred prior to the signing of this Agreement. G. Husband and Wife no hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property of the other or against the estate of the other, of whatever nature and wheresoever 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 as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any 4 " .' , " state, commonwealth, or territory of the United states, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not 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 tha breach of any thereof. H. No waiver or modification of any of the terms of thi~ Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. I. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. The Court of Common Pleas of Cumberland County, Pennsylvania shall have exclusive jurisdiction over this Agreement. J. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. K. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. L. It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code of the Commonwealth of Pennsylvania. M. The Parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. 5 ,.' -,-_;.,:-",:,_;;__~":,i'"-:',,,:',t.~.t_)-'.;.."<: =~ '. '~'oi:<;-;-;Z;l<. . . )'. N. The Parties agree that neither shall make any further claim on any item covered in this Agreement. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. WITNESSED BY: L~ ~ zefL, ~ ' I'oseph. . '0 Ett~ ..~ i1rJ1Wf,,-I1l;.. ~ J. e Elleo 6 "::J'" en .. ~r= <", l-~., t:~c':r. l::c.iU~: 11..:0:, CJ-:r.,.. . l')""f en Wili.':-1._ tu 0.. r..:i ...Il.uUJw ~:r:(t)u.. t--X ::> ~(.) ~ .:I' <::l ~ ~ u => "'"' . , .' .. .... ~"-"'~,,",,,,,..,...,.,-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH ERIC ETTER, . . Plaintiff . . . CIVIL ACTION--LAW . vs. . IN DIVORCE . : JANE ELLEN ETTER, . NO. 94-1542 CIVIL TERM . Defendant . . PRAECIPE TO TRANSMIT RECORD To the prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under section 3301(C) of the Divorce Code. 2. Date and manner of service of the Complaint: certified mail, restricted delivery, return receipt requested, Signed for by Defendant on March 31, 1993. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff--July 21, 1994 (filed July 22, 1994); by the Defendant--July 24, 1994 (filed August 4, 1994). 4. Related claims pending: No claims raised. . . .... 5. Attached are copies of the Separation and Property Settlement Agreement entered into by the parties. said Agreement should be incorporated into the Divorce Decree. Respectfully submitted, Date: August 4, 1994 Mich~l:/{tire Attorney ID #57976 11 West Pomfret street, Suite 2 Carlisle, PA 17013 (717) 249-5373 Attorney for Plaintiff .. . ..> '.J ....:: . ....... . ,., ..,.. en . ~r: -:!.r. UI{'J,;:)~;. O:.cC';,r. L;:(..,u..i It,TO> CJ to--- 7: -; h~~:;~~ h'WZ ,~ :r. LOt~ I-':Xn.. u..lJ C> ~ "" Q == -::r g -= .. " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH ERIC ETTER, plaintiff vs. CIVIL ACTION--LAW IN DIVORCE NO. q L/. 15 L/ :2 Ci vi { It r (Yl JANE ELLEN ETTER, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, 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, PA 17013 (717) 240-6200 .. " .. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH ERIC ETTER, Plaintiff . v. CIVIL ACTION - LAW IN DIVORCE NO. 'Ill - I 5 tfa.. C.ivi I Te. ((h JANE ELLEN ETTER, Defendant COMPLAINT IN DIVORCE COUNT I: DIVORCE AND NOW, this Z'g day of March, 1994, comes plaintiff, Joseph Eric Etter, and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Joseph Eric Etter, who currently resides at 160 Wertz Run Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Jane Ellen Etter, who currently resides at 69 South Fifth street, Clarion, Clarion County, Pennsylvania. 3. The Plaintiff and Defendant are adult individuals, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on November 11, 1976 in Baltimore County, Maryland. '.fy, ,_ V.o.,.; . ..... o. ., 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under section 3301(c) of the Divorce Code of 1980, as amended. 6. The Plaintiff has been advised of the availability of counseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, j~f2:~~ ~O Wertz Run Road Carlisle, PA 17013 (717) 258-4768 Pro Se 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. Section 4904, relating to unsworn falsification to authorities. j~ &.~ CZ~ 1 ~ ~ . ~ ~.. 4~ Wt-~c! 0 U"'C ,- ,- \:aU~ .....) ....XO:. I"}....:t:... ,t......;,... iI"""'\o. ~ ~..'ij~ ~ " -,.j -..: -..... !:;'I~W -- "':':,:t:.':'" .::a::r- . ::> '0(.:' ~ ;:!4 cO e ~ "" ... == . , , .. " - ~ It ::lf "1i. ~ " " ..- -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH ERIC ETTER, Plaintiff v. CIVIL ACTION - LAW IN DIVORCE NO. '14 - J 5 L/ J C,y," Te.rrn JANE ELLEN ETTER, Defendant CERTIFICATE OF SERVICE AND NOW, this2Q day of March, 1994, I, Joseph Eric Etter, hereby certify that I have this day served the following person with a copy of the foregoing document, by depositing same in the United States Mail, certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Jane Ellen Etter 69 South Fifth Street Clarion, PA 16214 Respectfully submitted, ~~~~ ~ose Eric Etter 160 Wertz Run Road Carlisle, PA 17013 (717) 258-4768 Pro Se I 6; . :5 .... ... co r..n "" ..... .... -...:....... :..... ~r.: ~<11:.. uJc;"J~_~ uzc:::-;:; -ou< ~:J:O~ t::tl.' 2')... . (",J..t'&/) ~c.::r ~!;r: 'j'4-.::;;t; i"'m\4J .~%j,\. ::> :5'" " , , , i I .' j , : , 1 , , 1 . , , ~ f' , 'I :.; : .' , ,. .. . P 282 343 871 t-70:ltAlltS ~d;~Dii7.;~I~U- oup-;;;'-;oA-iju.iU. .' -~I' , 5~ .. A I ~, n j f~ ~ 1 f ~: __ ~III Q _ ':)Q a:: __ ~ I : j I ~ I s: I ~ h ~ I .~ i i j IV) 0 0 0 ~ I l~ 0 M.,..!N l -- F- _~;.:.: ...t1ool-l! i m i ~J! u~C'\\,a,i:ii ::::~ S H ~<L~l~! -Q'. ; i PI: do (jlI 0 ,.: ::: i '= I - s 1 II == I ~ I, ~ III Ii ~ Jf ~ II I Ii It ~ ~ 8'; g 'l; 'is ..., Il + ;;.. i 5 I! li i, \( "- 8#1 -= I~ ~ J !!u; 11 i! ,d ~ '( H !st."') ~ ~1 a:u 2ll d; ~ Ie: V1 ~ ~~th~~~.i"i! ~ ' z ~ ~ i . i! ~ .j! l' ~ <( I'J ,:;- ,--: WUUO:'''ii~FJ ' .... "', 'o,J U)...!.-!"..;M : 'lOPI8 08.0^O. 0111 UO pOIOjdWO:l . ';,Ii' . 1\' ....... ,. " ~ Recoipt for . Certified Mail '. No In~u'aflLt' CO\lCfUUU PrUVllh!d ~I 00 1101 Ufi(' for In1clllllllol101l M.l.' ..",..tot_ ,Sl'U i\.'''L''''"''1 ::'..1\1.' I.I".....=. :: II '';, r I ~",.., ,\",1 t,j.; W" .l.J'i.'..'TJf F.r,,; ~i"lrf:'1 .'.' I I I I 'I I tI""II('...,{lwl.....'.'... r <),. ~tlll.. .'lf1 :11' ~t"': . c:tA-rlIL'.", {. '. It-ll,,! J'u'I.JU" Ct'fM..,'dJ" 51J<<..,1 o.,~ ~ f 1'0' - en en - -,' s: ~ .. c ~ -, o o CIl M E (; ... I o ~ '.....- . "' ; - j ~ J I , ~ I : , , - - .' - < -~ ~ , J " .1.1 J ;).J .1 " ..... _ifir.: .,:;. .: . /.. ~ ..~ " " ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on /I'lA-,t.ttl- 2~ , 1994. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and more than ninety (90) days have elapsed from the date of the filing of the complaint in Divorce. 3. I consent to the entry of a final decree in 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 is granted. 5. I understand that the costs of these proceedings will be paid for by Plaintiff. I verify that the statements made in this affidavit are true and correct. I understand that~Yalse'statements herein are made subject to the penalties of 18 Pa, C. S. section 4904 relating to unsworn falsification to authorities. Date: Z { J I..>/.. -r L Q97' ~ ~ ;r--P~ ~oseph r~c Etter 6!; . :5 ~ en ~:: ""'.. t-~_ We.*>> "7" UZU4 L::OO;:' \~ ~ %;: O~."tJl ~, ..~ ~".I:. J {";...... 'J",I.\,.l~ '.'''L~U. -';:J \.Oo..~. '" ~ :;; ..... " I r, , 1<.. , ~~ i" , I i '. i " I " '. k..y,,"'.:....i.,'.",,;.~ ...--- " " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH ERIC ETTER, Plaintiff . . . . : CIVIL ACTION - LAW . IN DIVORCE . . . NO. "..,-I{;'+2. : : v. JANE ELLEN ETTER, Defendant CERTIFICATE OF SERVICE AND NOW, this J.Z- day of July, 1994, I, Joseph Eric Etter, hereby certify that on March 31, 1994 I served the following person with a copy of the foregoing document, by depositing same in the united States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Jane Ellen Etter 69 South Fifth Street Clarion, PA 16214 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. ,0....-;. - - " " " i . Campi... ~I.ml 1 Ind/Of 2 for addllkmll liMe... I. Complel. III"" 3. Jnd 41 · b. . Print 'fOU' nJme end .dd"ll on the "'I'''' of lNI form 10 tNI w. can ntum thp CIfd 10 you, . AttKti thll form to the front o' lhe mtUpMct. 01 on the beck If lpact doll not permll, -I . Writ, fORltum Reeafpl RIqUI.tld" on the mllpMCI below the ""'" number . The R,turn RICllpt wlU .how 10 whom the .rtIc~ w.. deUvlrtd and thl dill Ii .......tel, I 3, Anlcl. Addr.ll.d to: 6 T Ave. E,-,-~,'..) E,r':/' l C1 .s I/o. pf F, r-;-," r:",~r'1?7 ,1. (' L.~,.I ... '/ I""'.' ,.:. i4 I .110 wl.h to ,.c.lv. th. lollowlng ....Ic.. 1I0r .n ..tr. I ':, I.." , 1, 0 Addr....... Addr... 2, fi. Restrlct.d D.llv.ry :e. ' Conlult Oltmllter tor ,". D 4., Anlcl. Numb.r II: P 2f?l 34,1 87/ 5 4b, S...I.. Typ. · . o R.gllt.r.d 0 Inlur.d II: ~ Cenlll.d 0 COD 19 o Elcpr.11 Mill 0 Return R.c.lptlor 7, D.te of D.llvery I J! :)'., ~ ... 8, Addr.llee'l ddr... IDnly If r.qu..ted ~ .nd ,.e II plldl ~ *u.e.CIl'O: .... ... lOI DOMESTIC RETURN RECEIPT ~.~ '..J ':...1 ~ c-..ll -,' :::> --, ~,.. <'Z ""'~-~:! O;aQz -0-4). ~,XO~, -~:r:.)o- ~'O"'''' ..:,)~~-:!z 'IC...c.;:.z.. ..;..llJJ~UJ '''';;:::J:Q.. ..~ ~ ....U " '" .. ..,. .... - 2 In N CD '. " --- "eo.. '. ." ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH ERIC ETTER, Plaintiff vs. : CIVIL ACTION--LAW : IN DIVORCE : NO. 94-1542 CIVIL TERM JANE ELLEN ETTER, Defendant : ENTRY OF APPEARANCE To Prothonotary: Please enter my appearance on behalf of the Plaintiff, Joseph Eric Etter, in the above-captioned matter. Respectfully submitted, Dated: August 3, 1994 MiC~~~~SqUire Attorney ID No. 57976 11 West Pomfret street, suite 2 Carlisle, PA 17013 (717) 249-5373 , -";2.,) " e; ~~ . ;!:: ..( a UJ(.,,=:---__ u:z:oz ~ -oc.J~ tt:x~::. == C?~:::-::t~ ....' u: -' z. '..IJ(4n.:Z -'llJUJw , -::r i:.. ;CCDe.. . ,_x " ::> '" ~.. ::3 -= .'.,.... .~"'.....'- ,--""'......... '. " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH ERIC ETTER, plaintiff v. . . CIVIL ACTION - LAW IN DIVORCE NO. 9'1-/~7. JANE ELLEN ETTER, Defendant . . AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on MA~(1'f 2." I 1994. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and more than ninety (90) days have elapsed from the date of the filing of the complaint in Divorce. 3. I consent to the entry of a final decree in 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 is granted, 5. I understand that the costs of these proceedings will be paid for by Plaintiff. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: 7-.J L/ ~ '7 Y \ .:_~-- .,.~._- ..,.. en . -::r :..... ~... l-Z... WC1~_' UZ'-'Z' ~OU< ....':Co> .....t- or_1 ...;' -t:-n ,~'J::.iiJ: . 1..,41: ~.J .n11roJ :::a.:Q.. r- ::> :5'" :5 N C> == u '" -= .-.. ..._""""~~. -- ---.- SeDaration and PrODertv Settlement Aareement THIS AGREEMENT, made this 23rd day of March, 1994, by and between JOSEPH ERIC ETTER of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Husband" and JANE ELLEN ETTER, of Clarion, Clarion County, Pennsylvania, hereafter referred to as "Wife. 1. Husband and Wife were married on November 11, 1976 in Baltimore, Baltimore County, Maryland. 2. Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months. 3. Certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another. 4. Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property. 5. It is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them. Husband and Wife, intending to be legally bound, do hereby covenant, promise and agree as follows: A. SEPARATION. It shall be lawful for husband and wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall deem fit free from any control, restrain, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either husband or wife of the lawfulness of the causes leading to them living separate and apart. B. DIVORCE. This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and to each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for 1 .,..-.- '- ..<~ a t . . .,.'~, ., ~- divorce. Husband and wife each knowingly and understandingly hereby waive any and all possible claims of this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and wife do each hereby warrant, covenant and agree that, in any possible event he and she are and ever shall be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement of for all purposes whatsoever. It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by any of the parties hereto. Such incorporation, however, shall not be regarded a merger, it being the intent of the parties to permit Agreement to survive any such agreements. . c. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for each of the parties; the contribution of one party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage. The parties shall retain sole and exclusive right, title and possession of all personal property currently in their possession. Except as provided for herein, Husband shall make no claim whatsoever for any personal property in wife's possession, including any interest Wife may have in presco International, Inc. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession, including his interest in J,E. Etter, Inc, Except as provided herein, Wife waives any right or interest she may have in Husband's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters. Except as provided herein, Husband waives any right or interest he may have in 2 ......,._;...~. Wife's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. All personal property acquired during the marriage has been equitably divided by the parties. This equitable division includes all furniture, personal affects, and automobiles. Husband will provide suitable storage space for Wife's property for one (1) year from the date of this Agreement. All jointly held monies will become the sole property of Husband. All monies held in individual names will remain so and be the exclusive property of the named party. All jointly held real estate will become the property of Husband. The Parties agree that within thirty (30) days of the date of this Agreement they will sign any and all necessary papers to effectuate any provisions of this Agreement. D. CUSTODY AND SUPPORT OF CHILDREN. The parties agree to shared legal and physical custody of their son, JORDAN ERIC ETTER, born August 11, 1977. Both Husband and Wife shall be responsible for the day to day decisions when they have custody of the children. Neither party has the right to make a unilateral decision of the following major issues: Education; Medical treatment (other than emergency treatment); and General welfare. It is agreed between the parties that any decisions on these issues will be made jointly. Each party agrees to keep the other apprised of any and all matters relating to the children's health, education, welfare, and activities. Husband and Wife acknowledge their obligation to contribute to the support of their children. a. From the date hereof until Wife completes her current degree, becomes employed, and repays her student loan, Husband shall be responsible for the primary day to day living expenses and needs of Jordan Eric Etter. Once Wife completes her degree, becomes employed and repays her student loan, she will contribute one-third (1/3) of the day to day living expenses and needs of Jordan Eric Etter. b. Said support shall continue for Jordan Eric Etter until said child reaches eighteen (18) years of age or graduates from High School, whichever occurs later. 3 . c. Beginning with the tax year that ends December 31, 1993, the parties hereby agree that for Income Tax purposes, Husband shall claim Jordan Eric Etter as a Dependent. Furthermore, the Parties agree to cooperate in filing joint income tax returns for the tax year ending December 31, 1993. E. RELEASE OF SUPPORT FOR HUSBAND AND WIFE. Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony, support, or maintenance. F. Each party represents to the other that except as otherwise specificallY set forth herein, there are no major outstanding obligations of the parties, that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. In the event either party contracted for or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that they have no outstanding debts or obligations of the Husband and wife incurred prior to the signing of this Agreement. G. Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property of the other or against the estate of the other, of whatever nature and wheresoever 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 as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any 4 state, commonwealth, or territory of the United states, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not 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 thereof. H. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature, I. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. The Court of Common Pleas of Cumberland County, Pennsylvania shall have exclusive jurisdiction over this Agreement. J. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. K. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. L. It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code of the Commonwealth of Pennsylvania, M. The Parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. 5 6 N. The parties agree that neither shall make any further claim on any item covered in this Agreement. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. WIt~~;il~ ,LIt 'aCk ~ -/ vvvvlJ'Mt", ~ 1~t:{kiC Etter f1rJT"-I1i;.~kLJ J.. ~~ ~ '