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OF CUMBERLAND COUNTY
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DEBORA MAE BRITCHER,
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DECREE IN
DIVORCE
ANDNOW,....~..~._.. 19~':1.,
It is ordered and
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decreed that.... ~~.~~~~. .~~~. !3.~~~~~.~~...............,....... plaintiff,
and... .. . P.~l'!~~!l..~:. ~.r::~t.:!=.h.E!~... .. ... ... .... . . . .. . .. ... .... defendant,
are divorced from the bonds of matrimony.
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The court retains jurisdiction of the following claims which have
been raised of ry~d in this action for which a final order has not yet
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The attached Separation and Property S lement
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incorporated herein.
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SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
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THIS AGREEMENT, made this
1994, by and between DEBORA BRITCHER, (hereinafter referred to as
"Wife"), and DENNIS BRITCHER, (hereinafter referred to as
"Husband").
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife having been
married on June 18, 1986.
WHEREAS, diverse unhappy differences, disputes and
difficulties have arisen between the parties and it is the
intention of Husband and Wife to live separate and apart for the
rest of their natural lives, and the parties hereto are desirous
of settling fully and finally their respective financial and
property rights and obligations as botween each other, including,
without limitation by specification: the settling of all matters
between them relating to the ownership and equitable distribution
of their personal property; the settling of all matter 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.
- 1 -
,
.
NOW, THEREFORE, in consideration of the premises and of
mutual promises, covenants and undertakings hereinafter set
forth, Husband and Wife each intending to be legally bound and to
legally bind their heirs, successors and assigns thereby,
covenant, promise and agree as follows:
1. SEPARATION:
Husband and Wife shall at all times hereafter have the
right to live separate and apart from each other and to reside
from time to time at such place or places as they shall
respectively deem fit, free from any control, restraint or
interference whatsoever by the other, subject to the further
provisions of this Agreement. Neither party shall molest the
other or endeavor to compel the other to cohabit or dwell with
him or her by a legal or other proceeding. The foregoing
provision shall not be taken to be an admission on the part of
either Husband or Wife of the lawfulness or unlawfulness of the
causes leading to their living separate and apart.
2. HUSBAND'S DEBTS:
Husband shall hereinafter be responsible for any and
all debts which he has incurred in his name, and promises to
indemnify Wife for any liability she may have therein. Husband
represents and warrants to Wife that since the date of their
separation on or about December l2, 1992, he has not, and in the
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future will not, contract or incur any debt or liability for
which Wife or her estate might be responsible and shall indemnify
and save Wife harmless from any and all claims or demands made
against her by reason of debts or obligations incurred by him.
3. WIFE'S DEBTS:
Wife shall hereinafter be responsible for any and all
debts which she has incurred in her name, and promises to
indemnify Husband for any liability he may have therein, Wife
represents and warrants to Husband that since the date of their
separation on or about December l2, 1992, she has not, and in the
future will not, contract or incur any debt or liability for
which Husband or his estate might be responsible and shall
indemnify and save Husband harmless from any and all claims or
demands made against him by reason of debts or obligations
incurred by her.
4. DIVISION OF PERSONAL PROPERTY:
Husband and Wife acknowledge that they have acquired
and accumulated various assets which would be defined as either
separate or marital property under the Divorce code of 1980. The
parties further agree that they have effected a satisfactory
division of all of their personal property. More specifically,
Wife shall, from and after the date hereof, be the sole and
separate owner of all of the personal property presently in her
possession or under her control. Husband, from and after the day
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"
hereof, shall be the sole and separate owner of all the personal
property presently in his possession or in his control.
From and after the date of execution of this Agreement,
each of the parties shall own and enjoy, independently of any
claim or right of the other all items of property, be they real,
personal or mixed, tangible or intangible, which are hereafter
acquired by him or her, with full power in him or her to dispose
of the same as fully and effectively in all respects and for all
purposes as though he or she were unmarried.
Husband Bnd wife hereby relinquish to the other all of
his or her respective right, title and interest, if any either
has, in and to any retirement or pension plans of the other
whether through employment or otherwise, if any such plans are in
existence.
5. MOTOR VEHICLES:
Husband and Wife agree that they shall each become the
sole and exclusive owners of any vehicles they currently own or
possess, and in furtherance thereto they shall each take whatever
steps are necessary to validate said ownership possession.
6. REAL PROPERTY:
During the marriage, Husband and Wife resided at RD '1,
Box 270, Landisburg, Perry County, Pennsylvania. Husband and
Wife agree that Husband will take full possession of the property
in exchange for Fifteen Thousand ($15,000.00) Dollars to be made
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payable to Wife. Wife will relinquish all rights of ownership in
the said property after said proceeds are received.
7. ALLOCATION OF PRESENT DEBTS:
Husband and Wife each assert that there no outstanding
bills in their joint names.
8. ALIMONY:
Each of the parties hereby waive any right, claim or
title which they may have to alimony payments from the other.
9. SUBSEOUENT DIVORCE:
Husband and Wife hereby acknowledge that Wife
instituted an action in divorce against Husband, which action is
docketed to No. ~lf'" "&4 Cr, in the Court of CODllllon Pleas,
Cumberland County, Pennsylvania. Husband and Wife each hereby
agree to sign the appropriate affidavit of consent, in order to
terminate said marriage, in consideration for all the other
promises and covenants contained herein. At such time as the
divorce action is concluded, the parties shall remain bound by
all terms of this Agreement. Further, this Agreement shall be
incorporated into the final decree in divorce, however, it shall
not merge with said decree.
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10. LEGAL FEES:
Wife waives all claims against Husband for payment of
her legal fees. Husband waives all claims against Wife for
payment of his legal fees. Each party agrees to be responsible
for his or hew own legal fees and related expenses.
11. EOUITABLE DISTRIBUTION OF MARITAL PROPERTY. ALIMONY AND
ALIMONY PENDENTE LITE:
Husband and Wife acknowledge and agree that the
provisions of this Agreement providing for the division of their
marital property are fair and adequate and satisfactory to them
and that this Agreement has been arrived at in a manner which
conforms to the criteria set forth in the Pennsylvania Divorce
Code taking into account all relevant considerations, including
those set forth in Section 3502 of the Pennsylvania Divorce code.
Husband and Wife further agree to accept the provisions set forth
in this Agreement in lieu of and in full and final settlement and
satisfaction of all claims and demands that either may now or
hereafter have against the other for equitable distribution of
marital property, alimony, and alimony pendente lite. Each party
shall indemnify, defend and hold the other harmless against any
future action for equitable distribution of marital property,
alimony, or alimony pendente lite by or on behalf of the other
such indemnity to include the actual counsel fees of the
successful party in any such future action.
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12. RELEASE:
Subject to the provisions of this Agreement, each party
does hereby remise, release, quitclaim and forever discharge the
other and the estate of the other from any and every claim that
each other may now have or hereafter have or can have at anytime,
against the other, or in and to or against the other's estate,or
any part thereof, whether arising out of former contracts,
engagements, or liabilities of the other or by way of dower or
claim in the nature of dower, widow's rights or under the
intestate laws, or the right to take against each other's will or
for support of maintenance or of any other nature whatsoever
except any rights accruing under this Agreement.
13. BREACH:
In the event either party breaches any provision of
this Agreement, the other party shall have the right at his or
her election, to sue for damages for such breach, or to seek such
other remedies or relief as may be available to him or her. The
party breaching this Agreement shall be responsible for payment
of all legal fees and costs incurred by the other in enforcing
his or her rights under this Agreement or in seeking such other
remedies or relief as may be available to him or to her.
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14. AGREEMENT BINDING ON HEIRS:
This Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
15. INTEGRATION:
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.
16. SEVERABILITY:
If any term, condition, clause or provision of this
Agreement shall be determined or declared to be void or invalid
in law or otherwise, then only that term, condition, clause or
provision shall be stricken from this Agreement and in all other
respects this Agreement shall be valid and continue in full
force, effect, and operation.
l7. WAIVER:
The failure of either party to insist upon strict
performance of the provisions of this Agreement shall not be
construed as a waiver of any subsequent default of the same or
similar nature.
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18. HEADINGS NOT PART OF AGREEMENT:
Any headings preceding the text of the several
paragraphs hereof are inserted solely for convenience of
reference and shall not constitute a part of this Agreement nor
shall they affect its meaning, construction or effect.
19. REPRESENTATION OF PARTIES:
The parties have mutually worked out the terms of this
Property Settlement Agreement. Wife has been represented by
Bernard L. Coates, Jr., Esquire. Husband has been represented by
Williams R. Bunt, Esquire.
20. FULL AND FINAL RELEASE:
Husband and Wife hereby enter into this Agreement as a
full and final aettlement of any and all outstanding claims which
they have against the other.
21. EXECUTION OF OTHER DOCUMENTS:
Each party shall on demand execute any other documents
that may be necessary or advisable to carry out the provisions of
this Agreement.
22. APPLICABLE LAW:
This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
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IN WITNESS WHEREOF, the parties hereto having fully read
this Separation and Property Settlement Agreement and fully
understanding the terms and ramifications herein, hereby set
their hands and seals the day and year first above written.
WITNESS I
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DEBORA BRITCHER ~
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DENNIS BRITCHER
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AFFIDAVIT
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
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On this, the '( y h
day of jJ~
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1994, before me, a Notary Public, the undersigned officer,
personally appeared DEBORA BRITCHER, known to me (or
satisfactorily proven) to be the same person whose name is
subscribed to the within instrument and acknowledged that she
executed the same for the purposes therein contained.
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, Notary Public
NOTARIAL SEAL
CONNIE l, FANIIESTOCK. Notary Public
Harrbburo. D.uphin Counly. Pa.
_M-".Co!,,~~!'!.n Explr.s M4y 22, 1995
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DEBORA BRITCHER
IN WITNESS WHEREOF, I have hereunto set my hand and
notarial seal.
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AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF (J(RR Y
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On this, the ~qt~
day of 1Jr1~
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1994, before me, a Notary Public, the undersigned officer,
personally appeared DENNIS BRITCHER, known to me (or
satisfactorily proven) to be the same person whose name is
subscribed to the within instrument and acknowledged that she
executed the same for the purposes therein contained.
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Notary Publ c
CAROl. A. SWNISOII. NOTARY ,tUaIC
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DENNIS BRITCHER
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IN WITNESS WHEREOF, I have hereunto set my hand and
notarial seal.
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DEBORA MAE BRITCHER,
Plaintiff
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IN THE COURT OP' COMMON PLEAS OP
CUMBERLAND COUNTY, PENNSYLVANIA
NO,94-l664
CIVIL TERM
VB.
CIVIL ACTION - LAW
ACTION IN DIVORCE
DENNIS L. BRITCHER
Defendant
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court
for entry of a divorce decree:
330l(c)
Section <lllilclEl)
l. Ground for divorce: irretrievable breakdown under
(UU4)o(tn of the Divorce Code.
(Strike out inapplicable section.)
2. Date and manner of service of the complaint:
April 5, 1994, Certified Mail, Return Receipt requested
.
3. (Complete either paragraph (a) or (b) .)
(a) Date of execution of the affidavit of consent required by Section
20l(c) of the Divorce Code: by the plaintiff
October l2, 1994
by defendant September 23', 1994
(b) (1) Date of execution of the plaintiff's affidavit required by
Section 20l(d) of the Divorce Code:
(2) date of service of the plaintiff's affidavit upon the defendant:
4. Related claims pending:
Nnnp
Bernard L. Coates,
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DENNIS L. BRITCHER,
Defendant
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CUMBERLAND COUNTY, PENNSYLVANIA
NO. Q4-I(djrcIVIL ~
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CIVIL ACTION - LAW
ACTION IN DIVORCE
vs.
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NOTICE TO DEFEND AND CLAIM RIGHTS
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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 Connty Courthouse, 1
Courthouse Square, Carlisle, Pennsylvania.
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COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR
1 COURTHOUSE SQUARE
CARLISLE, PA 17013-3387
(717) 240-6200
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.
NOTICE OF AVAILABILITY OF COUNSELING
DEBORA MAE BRITCHER, : IN THE COURT OF COMMON PLEAS
plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
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vs. . NO. CIVIL 1994
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DENNIS L. BRITCHER, . CIVIL ACTION - LAW
.
Defendant . ACTION IN DIVORCE
.
TO THE WITHIN NAMED DEFENDANT:
YOU HAVE BEEN NAMED AS DEFENDANT in a divorce proceeding
filed in the Court of Common Pleas of Cumberland County,
pennsylvania. This Notice is to advise you that, in accordance with
Section 202 of the Divorce Code, you may request that the Court
require you and your spouse to obtain marriage counseling prior to a
divorce decree being handed down by the Court. A list of
professional marriage counselors is available at the Office of the
Prothonotary, Cumberland County Courthouse, 1 Courthouse Square,
Carlisle, Pennsylvania 170l3. You are advised that this list is
kept as a convenience to you and you are not bound to choose a
counselor from the list. All necessary arrangements and the cost of
counseling sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your
request for counseling within twenty (20) days of the date on which
you receive this notice. Failure to do so will constitute a waiver
of your right to request counseling.
PROTHONOTARY
. .,
.
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DBBORA MAE BRITCHER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
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vs.
NO.
CIVIL 1994
CIVIL ACTION - LAW
ACTION IN DIVORCE
DBNNIS L. BRITCHER,
Defendant
COMPLAINT UNDER SECTION 3301(c) OR 3301(d)
OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, Debora Mae Britcher, by her
attorney, Bernard L. Coates, and seeks to obtain a Decree in Divorce
from the bonds of matrimony with the above-named Defendant, and
avers the following:
l. Plaintiff Debora Mae Britcher is an adult individual
residing at 2237 Aspen Court, Mechanicsburg, Cumberland County,
Pennsylvania l7055.
2. Defendant Dennis L. Britcher is an adult individual
residing at RD #1, Box 270, Landisburg, Perry County, Pennsylvania
17040.
3. Both Plaintiff and Defendant have been bona fide
residents of the Commonwealth for at least six (6) months
immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on June 18,
1986.
5. There have been no prior actions of divorce or annulment
between the parties.
6. The marriage is irretrievably broken.
7. Defendant is not a member of the Armed Services of the
United States or any of its Allies.
. , .
B. Plaintiff has been advised of the availability of
counseling, and understands that she has the right to request the
Court to require the parties to participate in counseling.
9. The parties to this action separated December 12, 1992
and have continued to live separate and apart.
WHBREFORE, Plaintiff respectfully requests the Court to enter
a Decree in Divorce.
COUNT II.
REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER SBCTION 3502(a) OF THE DIVORCE CODE
10. The prior paragraphs of this Complaint are incorporated
herein by reference thereto.
l1. Plaintiff requests the Court to equitably divide,
distribute or assign the marital property between the parties
without regard to marital misconduct in such proportion as the Court
deems just after consideration of all relevant factors.
WHBREFORE, Plaintiff respectfully requests the Court to enter
an order of equitable distribution oi marital property pursuant to
section 3S02(a) of the Divorce Code.
DATBD: 3/l0/94
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ATTORNEY FOR PLAINTIFF
3207 North Front Street
Harrisburg, PA 17110
(717) 232-7706
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VERIFICATION
I verify that the statements made in the foregoing Complaint are
true and correct. I understand that false statements made herein
are subject to the penalties of 18 Pa, C.S. Section 4904 relating to
unsworn falsification to authorities.
DATED: '30 C]. '14
.
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DEBORA MAE BRITCHER
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DEBORA MAE BRITCHER, I IN THE COURT OF COMMON PLEAS
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
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.
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vs. I NO. 94-1664 CIVIL TERM
I
DENNIS L. BRITCHER, I CIVIL ACTION - LAW
Defendant : ACTION IN DIVORCE
AFFIDAVIT OF SERVICE
Bernard L. Coates deposes and says:
l. That he is an adult individual residing in Dauphin County,
Pennsylvania.
2. That on April 5, 1994, he sent by Certified Mail, Return
Receipt Requested from Harrisburg, Pennsylvania P832-880-375 the
Complaint in Divorce in the above-captioned case tOI
William R. Bunt, Esq.
Attorney for Dennis L. Britcher
PO Box 336
l09 S. Carlisle Street
New Bloomfield, PA 17068
3. That C. Swanson signed the receipt No. P832-880-375 which is
attached to this Affidavit.
DATED I lO/l8/94
(3~ .~e~
BERNARD L. COATES, JR., ESQUtRE
ATTORNEY FOR PLAINTIFF
3207 North Front Street
Harrisburg, PA l7ll0
(717) 232-7706
BY:
Sworn to and subsc;ibed
before me tl}is JiY 11 day
of eJl' tMt!~ , 1994.
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Notary Public
tIOTM!M SEAL
COUNIE l. r"":~r~'; :".K tl~;"rv Public
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DEBORA MAE BRITCHER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-l664 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
vs.
DENNIS L. BRITCHER,
Defendant
AFFIDAVIT
I, DEBORA MAE BRITCHER, 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 l8 Pa. C.S. Sec. 4909 relating to unsworn
falsification to authorities.
Q~C\./7Lcv:.. ~
DEBORA MAE BRITCHER
Sworn to and sU~~9;ibed
before ~e this fYl'1I day
of to t'R>6t!<-.. , 1994.
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DEBORA MAE BRITCHER, I IN THE COURT OF COMMON PLEAS
Plaintiff I DAUPHIN COUNTY, PENNSYLVANIA
I
vs. I NO. CIVIL 1994
I CIVIL ACTION - LAW
DENNIS L. BRITCHER, I
Defendant I IN DIVORCE
AFFIDAVIT OF CONSENT
Personally appeared before me, a Notary Public in and
for the aforesaid Commonwealth and County, Dennis L. Britcher,
who, being duly sworn according to law deposes and says that:
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety days have elapsed from the date of
filing the Complaint.
3. Defendant is not a member of the Armed Services or
any of its Allies.
4. I consent to the entry of a final decree of divorce.
, , 5. I understand that if a claim for alimony, alimony
pendente lite, marital property or counsel fees or expenses has
not been filed with the Court before the entry of a final decree
in divorce, the right to claim any of them will be lost.
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 l8 Pa.C.S. Section 4904 relating
to unsworn falsification to authorities.
Date:
~1hy
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DENNIS L.
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BRITCHER
Sworn to and subscribed
befo e me this ol31!! day
of , 1994.
l:MCI. A. SWAHSOII. NOTARY PUBLIC
.... 8Ioell.1leId. """ Co., PA
CIl"'lIh I & Dee I 1995
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DEBORA MAE BRITCHER, I IN THE COURT OF COMMON PLEAS
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
VS. I NO. CIVIL 1994
. CIVIL ACTION - LAW
.
DENNIS L. BRITCHER, I
Defendant I IN DIVORCE
AFFIDAVIT
I, DENNIS L. BRITCHER, being duly sworn according to law,
deposes and saysl
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 l8 Pa. C.S. Sec. 4909 relating to unsworn
falsification to authorities.
Q~ kG,,'d.
DENNIS L. BRITCHER
Sworn to and subscribed
before me this J3Al day
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Notary Publl.c
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DEBORA' MAE BRITCHER,
Plaintiff
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO. 94-l664 Civil Term
CIVIL ACTION - LAW
vs.
DENNIS L. BRITCHER
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
Personally appeared before me, a Notary Public in and
for the aforesaid Commonwealth and County, DEBORA MAE BRITCHER,
who, being duly sworn according to law deposes and says that:
1. A Complaint in Divorce under Section 330l(c) of
the Divorce Code was filed on
2.
irretrievably
of filing the
The marriage of Plaintiff and Defendant is
broken and ninety days have elapsed from the
Complaint.
date
3. Defendant is not a member of the Armed Services
or any of its Allies.
divorce.
4. I consent to the entry of a final decree of
5. I understand that if a claim for alimony, alimony
pendente lite, marital property or counsel fees or expenses has
not been filed with the Court before the entry of a final decree
in divorce, the right to claim any of them will be lost.
I verify that the statements made in this Affidavit
are true and correct. In understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn folsification to authorities.
Date: loll ()- / q ,-I
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GO~J--tll.A lrvO".L- A~..i:-rA.Lt~
DEBORA MAE BRITCHER
Sworn to and subsc~ibed
befo9T ~ this /?fll day
of 12cl-bc>tC, , 1994. (1 It
(lhwl-LL <<:f),-.L?'Jt>t V
Notary Pu ic
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