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HomeMy WebLinkAbout94-06362 " " "~"~I , " " ,j ,~ o I 'I " , " , :,Jj , , " " ",1 , , , , ,'1 !i' .:a .,0 " , , " , " , ! ".; '7 "'r , , , , , " : , ,) , , " 'I I' ! .'~ "~ " \ ,I " I;, n ," ((') ~ , I I I I \ I ,) , ,,' " " 1\ . . . .' . .~...... .....:~~-~~-~.... ~-~~~~~-'~~.:"!.~~""':~~-~" ..~~-~ . . · IN THE COURT OF COMMON PLEAS · . . . . . OF CUMBERLAND COUNTY . · STATE OF ~ PENNA. · . ~- ! 8 . . . . ,1WIlIUL J. v~...Vl', 94-6362 Civil Ten . Nil.,.,..,..,.., ............ . PlAintiff . . V,')'SlIS . . MGmC.w~~, . . ~~t . ~ ! . . . DECREE IN . · DIVORCE · . . ~ AND NOW, ......... m~. ..~......., 19. r,~.., it is ordered and ! . decreed that . ,~~, .~~~~,!J,'" " . . . . . . . " , , . , , , , "" .. . , , .. plaintiff, ~ . and . .~.~. .'!F?'~,!,r. . . . , , , , . ' . . . . , ' , , ' , , . , , . . . . . . . . . . , , , . . " defendant, : : are divorced from the bonds of matrimony. . . The court retains jurisdiction of the following claims which have 8 . been raised of record in this action for which a final order has not yet : . been entered; ~ . .~.at~ch~,Pr?~rtY,Settl~t,^9r~t',dat~.February. ~~,. J9~~,. ~~.., 1* . . . .~~~.~~99+P9f~~e9,~Y,f~f~f~~~,~~t9. ~~,P~Y9f~~,~r~,.,."......"",. (~ . I~ . I~ . nv*. e~:;;L '8 . 'T I ' : ~ ! All.;.: <~W<I''4 /' 1~1f. ~c~.."..Q)' J, ~ ,. ~/~'~ k .,."9'.t. ~ !~ ~l~_~ olhonolary !: t. ......_________~~~______ " ~ " " ~. " " . ~ .' ", .., . - SIPARATION AND PROPERTY SITTLIMINT AGRIIMINT /ld -r I THIS AGRIJUCINT, made this Z2:... day of I <: f)~U('lIj , 1996, by and between ANGI! C. OTSTOT, hereinafter referred to as "Wife", and RANDALL J. OTSTOT, hereinafter referred to as "Husband", WIT N E SSE T HI WHIRIAS, Husband and Wife were lawfully married on September 10, 1988; and WH!RIAS, certain differences have arisen between the parties as a result of which they separated on June 1, 1994 and now live separate and apart from one another, and are desirous, therefore, of entering into an Agreement which will distribute their marital property in a manner which is considered to be an equitable division of all joint property, and will provide for the mutual responsibilities and rights growing out of the marriage relation- ship; and WHEREAS, during the parties' marriage there has been a complete disclosure of the earnings and property of each party, and each understands his/her rights under the Divorce Code of the Commonwealth of Pennsylvania; and WHIREAS, the parties hereto, after being properly adviRed by their respective counsel, Wife by her attorney, Jill M, Wineka, ~squirp., and Husband by his attorney, Maryann Murphy, Esquire have come to the agreement, which follows: ( , .. '. " .. . . . " . . , . NOW, THIRIPORI, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound, covenant, promise and agree as follows: 1. Aare_ent Not a Bar to Divorce Proceedina.. A divorce proceeding has been commenced by Husband by Complaint filed to No. 94-6362 in the Court of Common Pleas of Cumberland County, The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 330l(c) of the Divorce Code. Upon the signing of this Agreement, the parties also agree that they will both sign Affidavits of Consent and Waivers ot Notice of Intent to Request Entry of a Divorce Decree Under Section 3301 (c) of the Divorce Code. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as the final Decree in Divorce may be entered with respect to the parties, and shall be fully enforceable by the Court. The Interim Partial !, Settlement Agreement dated December 23, 1994 is attached as Exhibit "! "A" and incorporated herein by reference. No Court may change the terms of these Agreements which shall be enforced in accordance with their terms, " , 2. SeDeretio"" It shall be lawful for each party at all times hereafter to live separate and apart Crom the other party at such place that he f: f: \, 2 " ,., . ~ . .' .. '. '. '. , ~ " , , ... . .. . or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness of the causes leading to their living apart. 3. Interference. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, 4. Wife'. Debt.. Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 5. Hu.band'. Debt.. Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be 3 , . ' 4 '. . t. " , '. '. . 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. 6. Out.tandina Joint Debt.. The parties acknowledge and agree that they have no outstand- ing debts and obligations incurred prior to the signing of this Agreement, except as follows: a) Mortgage with Keystone Financial Mortgage Corpora- tion for 804 Belle Vista Drive, Enola, Pennsylvania 17025; and b) Mortgage with PNC Bank for 401 Fifth Street, Summerdale, Pennsylvania 17093, The joint debt through the Pennsylvania Bank, Loan No. 1988620017 has been satisfied by Wife. Wife had agreed to be solely responsible for payment of this debt in the parties' Interim Partial Settlement Agreement dated December 23, 1994 attached as Exhibit "A". In the event that either party contracted 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 ....hich the account may have been charged, and such party shall indemnify, defend and hold the other party harmless from any claim or demand made agalnst that party by reason of such debt. 7, lauitable Di.tribution of Marital ProDerty. The parties have attempted to distribute their marital property in a manner which conforms to the criterla set forth in 53501 ~ ~ of the Pennsylvania Divorce Code and taking lnto 4 " , . . . ' .' ~, ", , . .. , '. . account the fOllowing considerations: the length of marriage; the fact that it is the first marriage for Husband and Wife; the age, health, station, amount and sources of income, vocational s~ills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions 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 or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circum- stances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being ef.fected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties, A. Diatribution of Personal Property. The parties hereto mutually agree that they have effected a satisfactory division of the furni ture, household furnishings, 5 ( .. " " , .' . I , .. . , appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the othe~. Should it become necessary, the par.ties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the posses- sion or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of their own individual pension or other employee benefit plans or retirement benefits of any nature to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the 6 t . ' .' <( " " .. . I , ,I , other for any interest in such benefits, except as stated herein. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control. pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumuer or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. Distribution of Real Estate. Husband shall transfer to Wife, concurrent with the execution of this Agreement, all of his interest in and to their jointly owned real estate at 401 Fifth Street, Summerdale, Pennsylvania 17093. Wife shall transfer to Husband, concurrent with the execution of this Agreement, all of her interest in ana to their jointly owned real estate at 804 Belle Vista Drive, Enola, Pennsylvania 17025, Wife shall be responsible for the preparation and recording of the Deed to 401 Fifth Street in Summerdale; and Husband shall be responsible for the preparation and recording of the Deed to 804 Belle Vista Drive in Enola. Within seventy. five days from the signing of this Agreement, both parties agree to remove the other parties' name from the mortgage obligation attached to the real estate each party retains, either through 7 . . ' .' << " " I' I' . ~ . I . satisfaction of the current mortgage, refinancing of the current mortgage, or by Obtaining a written Release signed by the mortgage company, completely releasing the other spouse f~Oany perso~a, . , f' Jf.ffI.. ~ +k r.i~, ~~(.4:t1 ' liability or obligation 9n t];:debt, tYt.. vJ.{lq~~ ->>ttAk.' ~=+o '.0' .. L ~~ '^'~ tJ.M..<<,v",- US) ""H~ ~ "ffiL J(~ y....... From the date this A. eement ~V--Elj! ned to the da e of f2,TC:' satisfaction, refinanCing or obtaining of a Release, each party ().cc; agrees to be responsible for payment of the mortgage, all current and future taxes, insurance and utility bills relative to the real estate retained. C. C..h Di.tribution. In consideration for the transfers of the above-rtlferenced real estate, Wife shall pay to Husband the sum of $4,000.00. The $4,000.00 shall be paid after Husband has provided proof that Wife's name has been removed ft'om the mortgage on the Enola property and after Wife has provided proof that Husband's name has been removed from the mortgage on the Summerdale property J Juxf..,("o(,) IJI.O LtWJ'.' *-> J..~ 'l-l~'\.t H()..l.l \ 5 I I 'I q ft" ~., 0 !i :- ) Alimonv I a 6!I.1D Both parties aCknowlp.dge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them, and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter hay>!! against the other for support, maintenance or alimony, Husband and Wife further, voluntarily and intelligently, waive and relinquish 8 " , ' . .. " '. ,., . " " , " .' . any right to seek from the other any payment for support or alimony, Each party shall indemnify, defend and hold the other harmless against any future action for either support or alimony brought by or on behalf of the other, such indemnity to include the actual counsel fees of the defendant in any such future action. 9. Alimonv P.ndente Lit.. Coun.el P.e. and BXDen.e.1 Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them, Both parties shall accept the provisions set forth in this Agree- ment 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 alimony pendente lite, counsel fees or expenses, or any other provision for their support and maintenance before, during and after the commencement of any proceedings for di vorce or annulment between the parties. Each party shall be responsible for his or her own counsel fees, and each agrees to indemnify, defend and save the other harmless from any action commenced against the other for alimony pendente lite, counsel fees and/or expenses. 10. a.l....1 Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, 9 . . " " , . . ~ administrators and assigns, release, indemnify (including actual legal fees) and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, including equitable distribution, spousal support, alimony, counsel fees, alimony pendente litr, and expenses which either of the parties against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except any and all causes of action for divorce and all causes of action far breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling, pursuant to !!i3302 of the Divorce Code. 11. Waivers of Claims AQainst Est~..: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction, to share in the property or the estate of the ~ther as a result of the marital relationship, inCluding without I imitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and any right existing now or in the future under the Pennsylvania Divorce Code, as amended from time to time, and each will, at the request of the 10 '. " , ' . '< '. '0 .. ..' . I other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 12. R1ahts on Bxecuti2D1 Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married. 13. Breachl In the event of breach of any of the terms of this Agreement, the nonbreaching party shall be paid, as part of any award or judgment against the breaching party, all costs, including actual counsel fees paid to his or her attorney. 14. IncorDoration in Pinal Divorce: The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. This Agreement shall survive in its entirety resolving the spousal support, alimony, property and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party, This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It 11 " J .~ ., " '. is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the spec,ific purpose of inducing the parties to execute the Agreement. 15. Additional Inatrumental Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 16. SeDarabili~1 In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdiction, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. 17. Bntir. Aareement: ;' This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants and undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them, / , ii' ( ~ ti. 12 . . , " '. " , . ,. ..' ,. .. based on the length of their marriage and other relevant factors which have been taken into considerdtion by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equi table distribution of their property by any Court of competent jurisdic- tion pursuant to Section 3502 of the Divorce code or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a Court ordered determination and distribution of marital proper.ty, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreelnent. 18. Modification and Waiver: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 19, Volunt.~~.outio~l The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, 13 . .. . , , I. .. ,f' 4. , .. .. arid each party aCknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence, The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 20. DescriDtive He.dinqsl The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 21. A~reement Bindina 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, IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. WIT ESS: . ITfJ tIlC1~~ ~~'-"- Ym~, e~~ r1~rt"~C", (J&/t iii:{(Iil~~T 14 . ' . . , .. INTIRIM PARTIAL SIPARATION AGRBIMINT THIS AGRllUIBNT, executed in duplicate, this ~ df,ly of December, 1994, by and between ANGIE C. OTSTOT ("WIFE") and RANDALL J. OTSTOT ("HUSBAND"), witnesseth as follows: WHEREAS, the parties are separated and divorce proceedings have been instituted to No. 94-6362 in the Court of Common Pleas of Cumberland County; and WHIllREAS, WIFE is presently residing in the jointly owned property located at 401 Fifth Street, Summerdale, Pennsylvania; and WHBREAS, HUSBAND presently resides in the jointly owned property located at 804 Belle Vista Drive, Enola, Pennsylvania; and WHEREAS, the parties previously secured a joint debt through the Pennsylvania National Bank, Loan No. /C?rif9J.COJ7 . WHEREAS, only WIFE was involved in an automobile accident on November 12, 1992; and WHEREAS, WIFE and HUSBAND both signed a Release and a check in the amount of '$7,500.00 was issued to them in joint names by Erie Insurance Company as a result of injuries WIFE sustained in the auton~bile accident. NOW, TH~REPORE, the parties, intending to be legally bound hereby, do covenant and agree as follows: 1. Until a final Property Settlement Agreement is reached between the parties, WIFE agrees to be r~sponsible for the timely monthly payment of the mortgage for the jointly owned property located at 401 Fifth Street, Summerdale. Pennsylvania. . ' , .... . '. .. 2. Until a final Property Settlement Agreement is reached . between the parties, HUSBAND agrees to be responsible for the timely monthly payment of the mortgage for the jointly owned property located at 804 Belle Vista Drive, Enola, Pennsylvania. 3. HUSllAND agrees to sign over to WIFE and waive any interest he may have in the Erie Insurance check in the amount of $7,500.00. 4. WIFE agrees to be solely responsible for payment of the entire balance owed on the joint debt through the Pennsylvania Bank, Loan No. ;QJ'f /;J::f)17 WIFE agrees to indemnify and hold HUSBAND harmless with regard to the Pennsylvania Bank Loan. 5. This Interim Partial Separation Agreement and the . acceptance of same shall not be deemed to have any effect whatsoev- er upon the parties respective claims for equitable distribution of the marital property and any other economic relief which may be deemed to be owing, HUSBAND and WIFE agree that the terms of Paragraphs 3 and 4 constitute a full and final resolution of those issues, and shall not be taken into consideration in the parties' respective claims for equitable distribution. IN WITNBSS WHEREOP, the parties have set their hands and seals the date and year first above written. ~u~~ Wit ss C. OTSTOT C (jtstJ- f)JiI IJz:Jit RAN~LL J, OTSTOT " . RAIIDALL J. O'l'STOT, . IN THE COURT or COIIIION PLBAS or . Plaintiff . CUNBBRLAIfD COUNTY, PBIOISYLVANIA . . . v.. . NO. 94-6362 CIVIL TBlUI . . . ANGIB C. O'l'S'1'O'l' , . CIVIL ACTION - LAW . Defendant IN DIVORCB PRAECIPE TO TRANSMIT RECORD TO THB PRO'1'IIOHO'l'ARY: 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 330l(C) of the Divorce Code. 2. Date and manner of service of the complaint: certified/restricted delivery on November 9, 1994. 3. (Complete either paragraph (a) or (b) .) (a) (i) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff February 19. 1996, by Defendant February 22. 1996. (a) (ii) Date of execution of the Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of the Divorce Code: by the Plaintiff Februarv 19. 1996, by Defendant February 22. 19~. (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: ; (2) Date of service of the Plaintiff's Affidavit upon the Defendant: , 4. Related claims pending: all claims resolved. 5. Indicate date and mann~r of service of the notice of intention to file Praecipe To Transmit Record, and attach a copy of said notice under section 3301 (d) (1) (i) of the Divorce Code. Hgt applicable. , , ?i; 1.0 ,.'. I"~ 1-'. r~.: " f" ..I..; ').--.. '}-n:: ' (,J ) - . r' u... ", ~J: I ~.J ( , ,. 'I, ,.. '.-:.) cd;; ~I . .l~~ (:) '(J r! L..~ iL.. Lo.. ,. " \f.) :,j u " u !' . . ~ RANDALL J, OTSTOT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No~~-<9:JiJ,diVIL TERM : CIVIL ACTION -LAW : IN DIVORCE vs ANGIE C, OTSTOT , 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 grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is avail- able in the office of the Prothonotary at: CUMBERLAND COUNTY COURTHOUSE, Carlisle, Pennsvlvania 17013 Court Administrator, Third Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: 1-249-1133 ....... " RANDALL J. OTSTOT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVil TERM : CIVil ACTION . LAW : IN DIVORCE vs ANGIE C. OTSTOT, Defendant COMPLAI~T IN DIVORCE UNDER ~ECTION 3301 eel of the DIVORCE CODE 1. THE PLAINTIFF, RANDALL J. OTSTOT, WHOSE ADDRESS IS 804 Belle Vista Drive, Enola, East Pennsboro Township, Cumberland County, Pennsylvania, since on or about D~"2""7f./l.. I,!~o;; , 2. THE DEFENDANT, ANGIE C. OTSTOT, WHOSE ADDRESS IS 401 Fifth Street, PO Box 144 Summerdale, East Pennsboro Township, Cumberland County, Pennsylvania, since on or about 1 June 1994. 3, The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for more than six (6) months immediately previous to the filing of this Complaint. 4, The Plaintiff and Defendant were married on September 10, 1988, in Enola, Pennsylvania. 5, There have been no prior actions of divorce or annulment in this or any other Jurisdiction between the parties, 6, Neither the Plaintiff nor the Defendant are in the Military or Naval Service, 7. The marriage is irretrievably broken, 8. The Plaintiff respectfully requests the Court to enter a decree in divorce. I verify that the atatementa made In thla Complaint are true and correct. I underatand that falae atatementa herein are aubJect to the penaltl.. of 18 Pa., C.S.. a4S104, relating to unaworn falalflcatlon to authorltle.. /;,' _ DATE:~~1 I,~ 'i ___-.lJiIL ;/~_______ ~. ~_.- "-. D 8, OW ,Esquire Attorney lor the Plaintiff - RANDALL J. OTSTOT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No, 94- vs ANGIE C, OTSTOT, Defendant : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 ec) OF THE DIVORCE CODE If you wllh to deny any of the allegation. ..t forth In thl. affidavit, you mu.t file a counter-affidavit within twenty (20) day. after thl. affidavit ha. been .erved on you or the allegation. will be admitted. 1. A Complaint In Divorce under Section 3301 (c) of the Divorce Code was filed on the 'j'#... day of tJO/J'ec1, b ~ ' 199'1 2. The parties have lived separately and apart for since 1 June 1994. 3. I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with thft 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 18 PA., C.S.. 14804, RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE:-A) iJJ! 11~'1 fill!! ~ [J)A,---. RANDALL J., TSTOT (Plaintiff) ....., '0 1i j (J... .".,.. <'rl .#.~ () . " ',.; 0 ':j \.) ..... '-.., '.:::> ~ ,-t \0 ~ Q 00 r-- - Q - 0'"> '9;l< \('\ "" ... ~ '":l'" ".. .... 0=> .' 10 0<> ::llO: - 6 "t! '>i. II!: en..: <> I"'l...:! ...:! ~, ~CIl II!: IlOIlO ... ., O~ ... <1 ~ ~~ ," 0.1 J I N .., 'tJ j ~ 0 . :- E~ <1 <1 !~~ ~ NN Ui>< 0.1 0'" . 41 0' E-< ...:! E~ 0.1 E-' ... ~ . "N ;, .oN ",-1lO CIlM 041 . ~ 0 > .- OD E-<~ E-<A ~ ~ .~ 0 0 ., en .. . - ~ I'~ E-<U .: > Eo< Z . - ~ 0 0 ~ ~ ~~. ::>A ," " ,.., ~ 0 2..3 u . 0:1: ., 0 . u< 0 ~ H U ...:! < 0 ...:! 1"'lP=: > <>: ~ o:tl"'l ,.....f .~. A H E-< P'1 ," Q IlO ~ :>: . > <>: ~ IlOD 0'''' ~ 0:; < I-IU :Z;UH 1{\"h.I~J ~3 L "I1t'1:11 COUNSlI..O" ~ r l.AW lOtS.., VII. CIt INOIl.Al. !ltAl, 110a. 'MON' 1717) 13'1IU ';1 '. :"lh,\I1W~ ~.. '.;" 't"'il+; , ,1. r old ~, ;, 'li I,~ , ~':"..:,~il..\::'.' .,Y, q ~ ~i\')l' , . ....... ',' ',\.' . ~ J' {I'" ~ ~, RANDALL ,J. m'STO~'. Plaintifr fa die Court 01 C_-Aa P1_ of C.......... eo..ay, 'amI?Mai& ..---.......................................-- ._.....~...--......._--...--.-------_.------- VI. N", 91..6362 CLviI. : 9.9~... .......................... ANG lEe. O,.l'~;.l'orl' t --..................-----.........------------ .....-. ........ ....._...'~.. ..... .................- .... De fendan t In Dlvorc" --- ...-.......--....---..--------- -....-........ .....~ .. ... .. .......................... .---.......----..-----..-----.......--..........--........--....................--..---...--....-... .. ...... .. ...._._.... ...__..___}_.~ e;~~j..c..~~ ~~l ~_.t,c.:.;!.f...t.JJ.1lt~ ':/. ~.~Utl'i: ~r.p..l1.,~ .i~.JJl..~ .'i'Qg~&. .f'.Ag,t.1~ned case in favor or Maryann ~Iul'phy. [;s<[. . ...... ...................... ... ..... .....-....-..... .................-...... ......---..... ............... .---.........-..........------........--..............---.---.---.-........--.-.--.......-----...........----. .----......................................................................................-.................... ............---------._............~......-.._.__..._..._---......................................-..- ...---.........-----..--.... -........-...--.---....--...-. ............................ ..........-....--.. To ............---...-----------.--..-----.-- Prolhol\Otaty ~ ~ec~Mll"~ , ... -~.__..._-----_._. ... DO, PlainliH. . I ,. " , I, I ,I',' -,;,," '-'.; ill ,\ ) '\ . . , " . , . ... f,' , " J '~, il~i, tf~'t I,'\! !i' ,i~; ! 12' 'I' " ,. ( . ~' " '_'i' .'_'~l(" ......f .. , .~,.' ~.. 'It_ r "'11 , .~f , i' ~I~, ' ~ , .. I "~ " H t It I , I .. "',oi'oI ~o; .....--.......-......... 6362 Term. 19..2.1:.. ..~~~-g~~~._..__._..._.._- Plainti ff 'II. ANGIE C. OTSTOT, ...-----_._-----_.--.._._.._.-_...._.._-~ Defendant PJl,AIClPl December 911 19.___ F\W ...---------....-.--------- ..~9!~l;e.!l.:__<?~~1~~.~~S.----...-.. .o\ny. --.......---------...---..----......----- " ;.1 .., ~;~~~ \ I " ",.';; I"; 'oj" "". "'-~ ,It -, . I .. .. .. # -'-- 0' ItAIfDALL ar8'l"OT, . IN TIll COURT or COOIOIf PL&\S . Petitioner . CUJlBIRLAND COUIITY, PIlllfSYLVAIIIA . . . v. . NO. 94-6363 CIVIL TIlRII . . CIVIL ACTION - LAW . AIIGII C. ar8'l"OT, . . a..pendent . IN DIVORCB . PRARt!lPB TO KNTKR APPIlARAIICI 'l'O '!'HB PROTHONOTARY: Please enter my appearance as the attorney of record in the above-captioned matter. Respectfully submitted, 1U.-l/zu Maryann urphy, Esqui e 2201 North Second Street Harrisburg, PA 17110 (717) 233-6511 Attorney 10 I 61900 . " , " RAIID.\LL J. OTS'l'OT I Plaintiff v. IN THB COURT OP COJIIION PLBAS CUllBBRLAND COUll'l'Y I PBIIIISYLVAIIIA NO. 94-6362 CIVIL TIRM CIVIL ACTION - LAW IN DIVORCB ANOI! C. OTS'l'O'l', Defendant [I , :,~': :l):,' I:', \'1(' .':1. ~.\,. ArPIDAVIT OF SRRVICR I, Maryann Murphy, Esquire, depose and say: , , '1, 1. That she is an adult individual residing in Cumberland County, Pennsylvania. 2. That on November 9, 1994, Donald OWen, Esquire sent by certified/restricted delivery a Complaint in Divorce, which was filed on November 9,1994, to Angie C. otstot. Certlfied mail receipt No. is P 830 374 755. Delivery sent to: ,. "\' ,I ';01 ~t\ l Angie C. otstot 401 Fifth street P.O. Box 144 Summerdale, PA 17093 .11 '. ,;: :1V 3. That on November 12, 1994, Angie C. otstot signed the receipt No. P 830 314 755, which is attached to this Affidavit. ,.. ~ , L ~ l(A(.... Murphy, Esq ire Supreme Court ID '61900 2201 North Second Street Harrisburg, PA 11110 (711) 233-6511 I .' Ii .. .. .1. " ~ ~~ (- .. p... fE~' : r,", " e:: If) Ln (.') ~-~ , . .- "I ("0 ?~d 1.0.. ..." '.' ::~;-G ) ~'I: '-,7'::j ....- .' ~..,- .L'. I '~;;;i 'tt;.. ~3 (;.. I 'I " , , , " , I " " rr; If) ;': t':- \f'1 . ~) :.~ ':\ ".... ~f.!. ~-': t ., j . .~ f~:, ,"'I- . I ~ .1 ~ t ~..~ ... ~' r- 'r) TJ' , ('oJ }...-: ~. i, , ' " V c , ",:,1 .' lu ". 1".110.;.. 1--' t.., I, \/, :':J ,'; ~; (J" C) I' . . >,1, . .. ' . . I . RAIID.\LL J. O'l'S'l'O'l', I IN 'l'HIl COURT OP COIIIION PLBA8 OP Plaintiff I CUllBBRLAJID COUII'l'Y, PIlIIIISYLVANIA I v. . NO. 94-6362 CIVIL TBRII . . . ANGU C. O'l'S'l'OT , . CIVIL ACTION - LAW . Defendant . IN DIVORCI . WAIVIlR or NO'l'ICI or Iln"MTION TO RllQUBST BNTRY or A DIVORCI DBCRBI UlfDBR SECTION 3301(c) of the DIVORCI CODI 1. I cons8nt to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce 1s 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 i..ediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unsworn falsification to authorities. Date: Z-/1-9G -Ildll /J tJ;it- RANDALL J,/ OTSTOT . I. , . . , I RAHDALL J. OTSTOT, Plaintiff vs. IN THE COURT OF COMMON PLEAS or CUMBERI.AND COUNTY, PENNSYLVANIA NO. 94-6362 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ANGIE C. OTSTOT, Defendant APrIDAVIT OP CONSBIIT A1fD WAIVBR or COUNSBLIWG 1. A Complaint in Divorce under Section 3301(c) of the Divorce Complaint was filed on November 9, 1994. 2. Ttle marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of Notice of Intention to Request Entry of the Decree. 4. 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. Being so advised, I do not request that my spouse and I participate in counseling prior to a Decree in Divorce being handed down by the Court. ~J~a-11~ Date (j)((jJC t (jldzt ANGIE t. OTSTOT " t:~ .0 -~ I ,. tJ'J .' ~;~ .. .......c I' M , '" '~ l~~; I :~, ,,' ~, .. . 1'"- ,-.. ::! "'1: yi, <- "0 I U:r: "J I ~': , c" ':"J ~~)i ,. <.l- f" L: ... L.c.. : I.J~ .." .,,,) U 0', (.I " . , . .. . .. . .. j , IWIDALL J. OTS'l'O'l', . 111 TIIB COURT or COIIIION PLBAS or . Plaintiff : CUllBBRLAND COUNTY, PBIIIISYLVAIIIA . . v. . NO. 94-6362 CIVIL TBRJI . . . ANGIB C. OTS'l'OT, . CIVIL ACTIO. - LAW . Defendant . IN DIVORCB . WAIVER or NOTIC! or INTBNTION TO REQUBST DTRY or A DIVORCE DBCREB UlfDBR SECTION 3301(c) of the DIVORCB CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division ~f property, lawyer's fees or expenses if 1 do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unsworn falsification to authorities. Date:cX);V)c;t. O/dJ: fr~ -C'I' ..." C ~-,: po: ~, c'5i' I' ,:~u ul".I. feu' I" 'L.' (} FI\i=.n-orACE (hr: ...\-' ',' r ,.../-". ~ tr"" ,(...,."....{ ':, . Iii \ % n;,~..3 Pi\ 3: 02 Cl;LI.~I,,\t \.~.) "'01 1"~'I\11 r[\'INS I.J{~i,\r\ " ,I I,() ,,' (~ . . 2 "1. , ' ,").; ,. ~:.. ,<i ~;: r- N r. ) lhi L~ \..':'\ L' I,,'.'; . ~< "I;,,',j "lw.. ;:) () " . " . ., , . v, IN 'l,'RE COURT OF COMMON PLEAS CUMBERLAND CO" PENNSYLVANIA NO, 94-6362 CIVIL ACTION - LAW IN DIVORCE RANDALL J. OTSTOT, plaintiff ANGIB C, OTSTOT, Defendant NOTIC. or .LBCTION TO RBTAXI MAIDIN NAMm NOTICB is hereby givp.n that the Defendant in the above matter, having been granted a final Decree in Divorce from the bonds of matrimony on the 8th day of March, 1996, hereby elects to retake and hereafter use her maiden name of ANGII C. JtUNJtBL and gives this written notic:e avowing her intentions in accordance with the provisions of the Act of May 25, 1933, P,L, 192, as ~mended, a(UO C (JtJi ANGIE t:, OTSTOT known as: lull Dated: 3/';'.:J!ft.:. >= 0') ,;, (.') j:.-:' (-'J . ,.,. ~~~. -, .., .f.-," ,. ..- .I ;.: ~ ~f' '-\... "'.:-:.i \'" '.-:1 ,. N J:':: p.... .'-'f' U;': CO:, q.l r.=: .' -- '"'- ~ ,n ) ,.;." 'J ~ \1:- 'r") r-- ,~ ~ ~ .;J. ~\ '\~ ~ ~..:::::J - '" r--:- ~ '1"\ ,..... ..........,) '-"':::' ~ ,.\ ,," ", l;' . oj ~. I. '.. . , .''';. ""