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:1 IN THE COURT OF COMMON PLEAS :
81 OF CUMBERLAND COUNTY S
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$' STATE OF PENNA. 8
81 8
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8 Dale E. witmer, 8
~ Plaintiff i\: (), 9,,!~?OSl!) p ~.SlSl4... 8
if VI 'I'." I !...; Q
, In Divorce ~
8 Carol A. Witmer, 8
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Defendant ~
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DECREE IN
DIVORCE
AND NOW"" ,oao~,~,r. ,ld".,. 19 .Sl~",.
it is ordered and
decreed that ..Da1~ ,E~ ,Witmer, , , , , .. , . , .. , , .. .. , , , .. , , , , .. .. , '. plaintiff,
and, , , " .,.. ,,~!t'?~, f..., f'li~~r, , , , , , , , , , , , , , " , , , , , , , , , , , , , , '. defendant,
are divorced from the bonds of matrimony,
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a tinal order has not yet
been entered;
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incorporated but not merged into this Decree.
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MARITAL SE'l"l'L9oImT AGREEMml'
'1'BlS AGREDQ;Nl' made this /:sf- day of Dc.h hvJ
1996, by and between DALE E. WITMER, of t1echanicsburg, Pennsy1 vania
(hereinafter referred to as "HUSBAND" or "FATHER"), and CAROt. A. WITMER of
camp Hill, Pennsylvania (hereinafter referred to as "WIFE" or "MOTHER") I
! ! ! !! ! ~ ~ ~ ! !!:
WBmEAS, the parties hereto are Husband and Wife, having been
married on November 17, 1979, in Lebanon County, Pennsylvania:
WBmEAS, the parties hereto are the biological parents of Megan
Beth Witmer, born September 29, 1982.
WBmEAS, the parties hereto are desirous of settling fully and
finally their respective child custody, financial, and property rights and
obligations as between each other, inclUding, without limitation, the
settling of all matters between them relating to custody of their minor
child, the ownership of real and personal pl:'operty, the support and
maintenance of one another and, in genel:'al, the settling of any and all
c1aima and possible claims by one against the othel:' 01:' against theil:'
respective estates.
NCM, ~, in considen\tion of these premises, and of the
mutual pl:'omises, covenants and undertakings hereinaftel:' set forth, and for
othel:' good and valuable consideration, I:'eceipt and sufficiency of which is
hereby acknowledged by each of the pal:'ties hereto, wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
1. ADVICE OF CCXlNSEL. The pl:'ovisions of this Agreement and
theil:' legal effect have been fully explained to the parties by their
I:'especti ve counsel, Dawn S. Sunday, Esquire, for Husband, and Paul J.
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Esposito, Esquire, for Wite. Each party acknowledges that she or he has
received independent 119al advice from counsel of her or his selection, and
that each fully understands the facts and has been fully infcrmed as to her
or his legal rights and obligations, and I/lIIch party acknowledges and
accepts that this Agreement is, in the circumstances, fair and equitable,
and that it is being entered into freely and voluntarily, after having
received such advice and with such knowledge, and that execution of this
Agreement is not the result of any duress or undue influence, and that it
is not the result of any improper or illegal agreement or agreements. In
addition, each party hereto acknowledges that she or he has been fully
advised by her or his respective attorney of the impact of the.Pennsylvania
Divorce Code, whereby the court has the right and duty to determine all
marital rights of the parties inclUding divorce, alimony, alimony pendente
lite, equitable distribution of all marital property or property owned or
possessed individually by the other, counsel fees and costs of litigation
and, fully knowing the same and being fully advised of her or his rights
thereunder, each party hereto still desires to execute this Agreement, and
waives her or his respective right to have the Court of COllI11On Pleas of
Cumberland County, or any other court of competent jurisdiction, make any
determination or order affecting the respective parties' rights to alimony,
alimony pendente lite, support and maintenance, equitable distribution,
counsel fees and costs of litigation.
2. PERS:N1lL RlGBTS. Wife and Husband may and shall, at all
times hereafter, live separate and apart. Each shall be free from all
control, restraint, interferenc~ and authority, direct or indirect, by the
other. Each may reside at such place or places as she or he may select.
Each may, for her or his separate use 0:' benefit, conduct, carry on or
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engage in any business, occupation, profession or employment which to her
or him may seem advisable. Wife and HU6band shall not molest, harass,
disturb or malign each other or the respective families of each other, nor
compel or attempt to compel the other to cohabit or dwell by any means or
in any manner whatsoever with her or him. Neither party will intel:'fere
with the use, ownership, enjoyment or disposition of any property now owned
by or hereafter acquired by the other.
3. alILD ClJS'l'CXn. Husband and Wife mutually desire to enter
into this voluntary agreement with respect to custody of their daughter,
Megan Beth Witmer, born September 29, 1982 and, intend that this custody
agreement shall be entered as a Court Ol:'der through incorporation into the
Divorce Decree. The parties, intending to be legally bound hereby, agree
a8 follows:
A. The Mother and the Fathel:' shall have shared legal custody of
the Child.
B. The Fathe~ shall have primary physical custody of the Child.
C. The Mother 8hall have partial physical custody of the Child
on alternating weekends at times to be arranged by mutual
agreement of the parties. The Mother also shall have partial
physical custody of the Child for two weeks each SUl111ler. The
two week peri,od(s) may be taken consecutively or
nonconsecutively as determined by the Mother's preference.
The Mother shall provide thirty (30) days advance notice to
the Father of the dates and times for summer vacation
custody.
D. The Mother and the Father shall share or alternate custody of
the Child on holidays as arranged by mutual agreement of the
.
perties.
E. The perties may alter the terms of this Agreement/Order by
mutual consent.
4. DI.SCLO'llJRE OF ASSm'S. The parties lIarrant that they have
given a full, complete and accurate disclosure of all assets, of any
nature, IIhether or not the as~ets lIere held jointly or in one name alone.
The remedilll5 available to either party for breach of violation of this
provision shall be those remedies available pursuant to lall and equity
including the right to punitive and compensatory damages.
5. I!I;lUITABLE DIS'l'RIBUTICIl.
A. Household and Personal Property.
(1) Husband transfars to Wife all of his right, title
and interest in and to all j,tems of personal property and belongings in the
possession of Wife on the execution date of this Agreement.
(2) Wife transfers to Husband all of her right, title
and interest in and to all items of personal property and belongings in the
possession of Husband on the execution date of this Agreement.
B. Motor Vehicles.
(1) The parties agree that Husband shall retain
possesllion of and receive as his sole and separate property the 1989
Chevrolet Blazer, 1983 Bass Boat with trailer and motor, and the tllO
trailers located on Shelly Island, along lIith all rights under any
insurance policies thereon, and the responsibility for payment of any
outstanding indebtedness pertaining thereto and insurance thereon, and
Husband ,shall indemnify and hold Wife and her property harmless from any
liabili ty, cost or expense, including attorney I s fees, incurred in
.
'1) VISA - 51891.72
'2) Boscov's - $1014.08
'3) Discover - $1063.90
:4) Sears - $549.46
'5) J. C. Penny $149.62
H. Shelly Island License Agreement.
~ife shall sign a cancellation agreement for the parties'
Licenee Agreement on Lot #200 Shelly Island within 15 days of the execution
date of this Agreement. The purpose of the cancellation agreement is to
permit the transfer cf the License Agreement on Lot #200 Shelly Island to
Husband's sole name.
6. PR:lPERlY '1'0 WIFE. The parties agree that Wife shall own,
possess, and enjoy, free from any claim of Husband, the property awarded to
her by the term8 of this Agreement. Husband hereby quitclaims, assigns and
conveys to Wife all such property, and waives and relinquishes any and all
rights thereto, together, with any insurance policies covering tho property,
and any escrO'J accounts relating to that property. This Agreement shall
constitute a sufficient bill of sale to evidence the transfer of any and
all rights in such property from Husband to Wife.
7. PROPERl'r '1'0 BUSBAND. The parties agree that Husband shall
?Vn, possess, and enjoy, free from any claim of Wife, the property awarded
to him by the terms of this Agreement. Wife hereby quitclaims, assigns and
conveys to Husbe.'ld all such property, and waives and relinquishes any and
all rights thereto, together with any insurance policies covering that
property, and any escrow accounts relating to that property. This
Agreement shall constit'-lte a sufficient bill of sale to evidence the
transfer of any and all rights in such property from Wife to Husband.
.
6. ASSlIG'l'ICJoI OF~. Unless otherwise provid'td
herein, each party hereby assumes the debts, encumerances, taxes and liens
on all the property each will hold subsequent to the date of this
Agreement, and each party agrees to indemnify and hold harmless the other
party and her or his property from any claim or liability that the other
party will suffer or may be required to pay because of such debts,
encumbrances or liens.
9. LIABILI'l'lt' NOT LISTED. Each party represents and warrants to
the other that she or he has not incurred any debt, obligation or other
liability, other than those described in this Agreement, on which the other
party is or may be liable. . A liability not disclosed in this Agreement
will be the sole responsibility of the party who has incurred or may
hereafter incur it, and such party agrees to pay it as the same shall
become due, and to indemnify and hold the other party and her or his
property harmless from any and all such debts, obligations and liabilities.
10. INDEJlNIFICATI~ OF WIFE. If any claim, action or proceeding
is hereafter initiated seeking to hold Wife liable for the debts or
obligations assumed by Husband under this Agreement, Husband will, at his
sole expense, defend Wife against any such claim, action or proceeding,
whether or not well-founded, and indemnify her and her property against any
damages or loss resulting therefrom, including, but not. limited to, costs
of court and actual attorney's fees incurred by Wife in connection
therewith.
11. INDEMNIFlCATIOO OF IIUSBAND. If any claim, action or
proceeding is hereafter initiated seeking to hold Husband liable for the
debts or obligations assumed by Wife under this Agreement, Wife will, at
her sole expense, defend Husband against any such claim, action or
proceeding, whether or not well-founded, and indemnify him and hia property
againat any damagea or 105a reaulting therefrom, including, but not limited
to, coata of court and actual attorney'a feea incurred by HUllband in
connection therewith.
12. ~ AS ro FUTURE OBLIGATICNS. Wife and Husband each
represent and warrant to the other that she or he will not at any time in
the future incur or contract any debt, charge or liability for which the
other, the other's legal representativea, property or estate may be
reaponsible.
From the date of execution of this A.greement, each party
ahall use only those credit cards and accounts for which that party ia
individually liable and the parties agree to cooperate in closing any
remaining accounts which provide for joint liability. Each party hereby
agreea to indemnifYI save and hold the other and hia or her property
harmleas from any liability, lossl cost or expense whatsoever incurred in
the event of breach hereof.
13. TAXES. The parties agree that they will file separate future
,
tax returns for all tax obligations 1 and any tax obligation shall be the
responsibility of the :ndividual party. Wife and Husband warrant that they
have heretofore paid all taxes on prior returns: that they do not owe any
interest or penalties thet'eon; and that no tax deficiency proceeding or
audit is pending or notice thereof received.
Husband shall give Wife
notice of any deficiency assessment and Wife shall give Husband notice of
any deficiency assessment of which they individually or collectively become
aware. The parties agree that should it ultimately be determined that any
deficiency and/or penalty exists with respect to any jointly filed returns,
. the party responsible for the erroneous preparation and/or non-disclosure
of information which has resulted in the deficiency and/or penalty, shall
.
be solely responsible for the payment of the amount ultimately determined
to be due, together with interest, as well as expenses that may be incurred
to contest the assessment. Should said sums become due as a result of
individually filed returns, the party who filed said return shall be solely
responsible for all SUll1l5 due, and shall indemnify and hold harmless the
other party for any payment thereon.
14. SUPPOO1', ALIMCm', ALIMCm' PmDENl'E LITE.
Both parties hereby wai ve any dght or claim they may have,
both now and in the future, against the other for alimony, alimony pendente
lite and spousal support and maintenance.
15. Mt7l'tllU. <XlOPERATICJl. Each party shall on demand. execute and
deliver to the other any deeds, bills of sale, assigrunents, consents to
change of beneficiary designations, tax returns, and other documents, and
shall do or r.ause to be done every other act or thing that msy be necessary
or desirable to effectuate the provisions and purposes of this Agreement.
If either party unressonably fails on demand to comply with these
provisions, that party shall pay to the other party all attorney's fees,
costs, and other expenses actually incurred as a result of such failure.
16.
CXUlSEL FEES, CX>STS AND EXPmsES.
Each party shall be
responsible for her or his own legal fees, costs and expenses incurred in
connection with their separation, the dissolution of their marriage, and
the preparation and execution of this Agreement.
17. WAIVER OF INBERITANCE RlG8TS. Unless otherwise specifically
provided in this Agreement, effective upon the execution dllte, Wife and
Husband waive all rights of inheritance in the estate of the other, any
right to elect to take against the Will or any trust of the other or in
which the other has an interest, and each of the parties waives any
additional rights ....hich said party has or may have by reason of their
marriage, except the rights saved or created by the te~ of this
Agreement. This waiver ehall be construed generally and shall include, but
not be limited to, a waiver of all rights provided under the laws of
Pennsylvania, o. any other jurisdiction, and shall include all rights under
the Pennsylvania Divorce Code.
18. ~ OF BENEFIClARX DESIGNATION. Unless otherwise
specifically set forth in this Agreement, each party hereto specifically
waives any and all beneficiary rights in and to any asset, benefit or like
program carrying a beneficiary designation which belongs to the other party
under the terms of this Agreement, including, but not limited to, pensions
and retirement plans of any sort or nature, life insurance policies, bank
accounts, final pay checks or any other post-death distribution scheme, and
each party expressly states that it is her and his intention to revoke by
the te~ of this Agreement any beneficiary designations naming the other
which are in effect as of the date of execution of this Agreement. If and
in the event the other party continues to be named as beneficiary and no
alternate beneficiary is otherwise designated, the beneficiary shall be
deemed to be the estate of the deceased party. Nor-withstanding the
foregoing, however, in the event that either party hereto specifically
designates the other party as a beneficiary after the date of execution of
this Agreement, then this waiver provision shall not bar that party from
qualifying as such beneficiary.
19. RELEASE OF CLAIMS.
A. Wife and Husband acknowledge and agree that the property
dispositions provided for herein constitur-e an equitable distribution of
their assets and liabilities pursuant t:l ~3502 cf the Divorce Code, and
Wife and HUllband hereby waive any ri.ght to divillion of their property
except as provided for in this Agreement.
B. Each party hereby absolutely and unconditionally releases
and forever dischargell the other and the estate of the other for all
purposee from any and all ri.ghts and obligations which either party may
have or at any time hereafter hae for past, present or future support or
maintenance, alimony pendente lite, alimony, equitable distribution,
couneel fees, costs, expenses, and any other right or obligation, economic
or otherwille, whether arising out of the marital relationship or otherwise,
including all rights and benefits under the Pennsylvania Divorce Code of
1980, its supplements and amendments, as well as under any other law of any
otherjurisdiction, except and only except all rights and obligations
arising under this Agreement or for the breach of any of its provisions.
Neicher party shall have any obligation to the other not expressly set
forth herein.
C. Except,as set forth in this Agreement, each party h~reby
absolutely and unconditionally releases and forever discharges the other
and her or his heirs, executors, administrators, assigns, property and
estate from any and all rights, claims, demands or obligations arising out
of or by virtue of the marital relationship of the parties whether now
existing or hereafter arising. The above release shall be effective
regardless of whether such claims arise out of any former or future acts,
contracts, engagements or liabilities of the other or by way of dower,
curtesy, widow's or widower I 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 ?ennsylvania,
any at ate , COl11llOnweal th or terri tory of the Uni ted States, or any other
country.
D. Except for the obli<;lation! of the parties contained in
thi! A<;lreement and such rights as are expres!ly reserved herein, each party
<;live! to the other by the execution of this Agreement an absolute and
unconditional release and discharge from all causes of action, claime,
ri<;lhta or demand! whatsoever in law or in equity, which either party ever
had or now has against the other.
20. PRESERVATlOO OF REXXlU>S. Each party will keep and preaerve
for a period of fonr (4) years from the d!te of their divorce decree all
Hnancial records relating to the marital estate, and each party wi,ll allow
the other party access to those records in the event of tax audits.
21. MODIFICATlOO. No modification, rescission, or amendment to
this Agreement shall be effective unless in writing signed by each of the
parties hereto.
22. SEVERABILITY. If any provision of thi$ Agreement is held by
a court of competent jurisdiction to be vOld, invalid or unenforceable, the
remaining provisions hereof shall nevertheless survive and continue in full
force and effect without being impaired or invalidated in any way.
23. BREACH. If either party hereto breaches any ~rovision
hereof, the other party shall have the right, at her or his election, to
sue for damages for such breach, or seek such other remedies or relief as
may be available to her or him. The non-breaching party shall be entitled
to recover from the breaching party all costs, expense:! and legal fees
actually incurred in the enforcement of the nghts of the non-breaching
party.
24. WAIVUl OF BREACH. The waiver by one party of any breach of
this Agreement by the other party will not be deemed a waiver of any other
breach of any provision of this Agreement.
25. APPLICABLE LAW. All acts contemplated by this Agreement
shall be construed and enforced under the lall8 of the Corrmonwea1 th of
pennsylvania in effect as of the date of execution of this Agreement.
26. DATE OF oox:uTIal. The "date of execution" or "execution
date" of this Agreement shall be defined as the date upon which the parties
signed the Agreement if they do so on the Sllllll! date, or if not on the SlllTlfi
date / then the date on which the Agreement was signed by the last party to
execute this Agreement. This Agreement shall become effective and binding
upon both parties on the execution date.
27. tam:cr OF RECnlCILIATIal, CXlIlAllITATIal OR DIVORCE. This
Agreement shall remain in full force and effect and shall not be abrogated
even if the parties effect a reconciliation, cohabit as husband and wife or
attempt to effect a reconciliation. This Agreement also shall continue in
full force and effect in the event of the parties' divorce. There shall be
no modification or waiver of any of the terms hereof unless the parties in
\oIri ting execute a statement declaring this Agreement or any term of this
Agreement to be null and void.
28. BEADmc;s NCYl' PART OF I\~. Any headings preceding the
text of the several paragraphs and subparagraphs h~reof 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.
29. AG':REEl'IfNI' BDlDING 00 PARTIES AND HEIRS. This Agreement shall
bind the parties hereto and their
administrators, legal representatives,
interest of the part:es.
respective
assigns, and
heirs / executors,
successors in any
DALE E. WITMER, I IN THE COURT OF cnIMOO PLEAS OF
plaintiff I CUMBERt.AND COllN'l>y, PENNSYLVANIA
I
VIS. I 94-5095 CIVIL TERM
I
CAROL A. WITMER, I
Defendant I IN DIVORCE
PRAl'lCIPB ro TRANIlMIT RI!XXJU)
TO THE PROl'HOOOl'ARYI
Pleaee transmit the record, together with the following information,
to the Court for entry of a Divorce Decree:
1. Ground for Divorce: Irretrievable breakdown under ~3301(c) of the
Divorce Code.
2. Date and manner ot: Service of the Complaint: Service accepted on
Defendant's behalf by Paul J. Esposito, Esquire on Septeni:>er 14,
1994. The Acceptance of Service is attached hereto as Exhibit A.
3. Date of execution of the Affidavite of Coneent and waiver of
Notice of Intention Request Entry of a Divorce Decree under
~3301(c) of the Divorce Code: By Plaintiff - october 1, 1996: by
Defendant - C( Id.Il'o' / 'l I 1(; 'i Li .
4. Related claims pending:
Settlement Agreement which
Decree ae Exhibit A.
(!thL/J /') /'i'i 1.1
Date .
All claims resolved by the
is attached to the proposed
{({(" 1-.-.J JB "r/ L',,/
Dawn S. Sunday, Esqu re I
Attorney for Plaintiff
ID * 41954
39 Weet Main Street
Mechanicsburg, PA 17055
(717) 766-9622
Marital
Divorce
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DALE E. WITMER,
Plaintiff
vs.
IN THE COURT OF CClMOON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
94 ~ !J ("If j-CIVU. TERM
CAROL A. WITMER,
Defendant
IN DIVORCE
I<<71'ICB ro IJ8l'fR) All) CLAIM RIGIITS
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 tor 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:
CUMBBRLAND coutfl'lC CXXJRT HCllJSB, CARLISLE, PENNSYLVANIA 17013.
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 'l'IilS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 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 ADMINIS~RATOR, FOURTH FLOOR
CUMBERLAND COUNTY COURT HOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 240-6200
;
DALE E. WITMER/ I IN THE COURT oe COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
VB. I 94- CIVIL TERM
I
CAROL A. WITMER, I IN DIVORCE
Defendant I
APFIDAY!!
I, Dale E. Witmer, hereby confirm as follows:
1. I have been advised of the availability of
marriage counseling and understand that I may
request that the Court require my spouse and I to
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 advist!ct, I do not request that the
Court requir~ that my spouse and I participate
in counseling prior to a Divorce Decree being
issued by the Court.
I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to
authorities.
DATE 9-6.9'/
d / p;. ,.,
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Dale E. Witmer
IJDWIIaa, kAT... . IIHINNI, p.e.
Paul J. ".po..~t.o . 1.D. UUU
AUQrn.y. for Defend.ll!;
no. M...k.t /ltr..t
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IN THE COURT OF COMMON PLEAS
CUMBERI,ANP COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DALE E, WITMER,
Plaintiff
CAROL A, WITMER,
Defendant
NO, 5095 CIVIL 1994
IN DIVORCE
NOTICB 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 divorce is indignJ,ties 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
CIDUJa-.G, ICAT.... . Nil...., ..e.
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Attorn.YII fo~ O.hnda'lt
J~QIl Muk.t 11ta..."t
IJtnwbet"ty tJqua.".
~,O, Box 1241'
llun.l::lul'g. PA 11l0"1~U
In?) 2'U-UU
befendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 5095 CIVIL 1994
CIVIL ACTION - LAW
IN DIVORCE
,
DALE E, WITMER,
Plaintiff
v.
CAROL A. WITMER,
ANSWlR AND COUNTERCLAIM
1. Admitted.
2, Denied, Defendant, Carol A, Witmer, resides at 104
Richland Lane, Camp Hill, Cumberland County, Pennsylvania,
3. Admitted,
4,
Denied.
Plaintiff and Defendant were marri~d on
November 17, 1978.
5, Admitted,
6. Admitted.
7. Admitted,
8, The averm~nts contained in Paragraph 8 are
conclusions of law to which no response is deemed necessary.
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DALE E. WITMER,
Plaintiff
IN THE COURT OF COM/()N PLEAS OF
CUMBERI,AND COUNTY, PENNSYI,VANIA
vs.
94-5095
CIVIl, TERM
CAROL A. WITMER,
Defendant
IN DIVORCE
ACCBPl'At<<:8 at SBRYICB
I accept Ilervice of the Divorce Complaint filed in the
above-captioned matter on behalf of Carol A. Witmer/ Defendant, and certify
that I am authorized to do 1l0.
Date:
cr ~ 1L)
Pau J. Ell 13 t Ellqu re
Goldberg, tz n & Shipman, P.c.
320 Market Street
Strawberry Square
P. O. Box l268
Harrisburg, PA l7l0B-1268
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DALE E. WITMER, I IN THE COURT OF CCX>IMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
vs. : 94-5095 CIVIL TERM
I
CAROL A. WITMER, :
Defendant . IN DIVORCE
.
APl'IMYIT OP cx:&'ll!Nr
1. A Compluint in Divorce under ~330l(c) of the Divorce Code was
filed on September 9, 1994 and served on Septerrber 14, 1994.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety days have elapsed from the date of service of the
Corrplaint.
3. I consent to the entry of a final decree of divorce after
service of notice of intention to request entry of the decree.
4. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim them
before a divorce is granted.
I verify that the statements made in the affidavit are true and
correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. c.s. ~4904 relating to unsworn falsification to
authorities.
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DALE E. WI'J.loIER, I IN THE COURT OF CXXolMON PLEAS OF
Plaintiff I CUMBERLAND CXXJNTY, PENNSYLVANIA
=
vs. = 94-5095 CIVIL TERM
.
.
CAROL A. WITMER, =
Defendant = IN DIVORCE
AftPID.\VIT Of' CXHIfN1'
l. A Complaint in Divorce under ~330l(c) of the Divorce Code was
filed on September 9, 1994 and served on September l4, 1994.
2. 'J.'he marriage of Plaintiff and Defendant 111 irretrievably
broken and ninety days have elapsed fran the date of aervice of the
Conlllaint.
3. I consent to the entry of a final decree of divorco after
service of notice of intention to request entry of the decre..
4. I understand that I may lose righta concerning alimony,
division of property, lawyer's fees or expenses if I do not claim them
before a divorce is granted.
I verify that the statements made in the affidavit are true and
correct. I understand that false statements herein are made aubject to the
penslties of 18 Pa. C.S. 54904 relating to uneworn falaification to
authorities.
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Caro A. Witmer, Defendant
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DALE E. WITMER, : IN THE COURT OF CCX'o1MOO PLEAS OF
Plaintiff I CUMBERI"AND COONTY, PENNSYLVANIA
:
vs. : 94-5095 CIVIL TERM
.
.
CAROL A. WI'IMER, :
Defendant : IN DIVORCE
MAIVBR 0Ii' I<<n'ICB 0Ii' IN'l'IlNrIat ro RIQlBST
l'lNl'IU 0Ii' A DIYtRCB DBCIUl8 lHlm
t3301(c) 0Ii' THB DIVCRCB OOOB
1. I consent to the entry of a final decr~ of divorce without
notice.
2. I understand that I may lose rights concerning alimony,
division of propert,y, lawyer's fees or expenses if I do not claim them
before a divorce is granted.
3. I understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the decree will be sent
to me immediately after it is filed with the prothonotary.
I verify that the statements made in this affidavit are true and
cc.lrrect. I understand that false statements herein are made subject to the
penalties of l8 Pa. c.s. ~4904 relating to unsworn falsification to
authorities.
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