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HomeMy WebLinkAbout95-00964 '. ' if"r c ~ .~ -:::t= o . ;,j 7 .lf7 . ...0 .. c oJ \5 '. ) ~ # ] j . I -:r ~ CJ ~ " ~ ~ II r! ~ ---~ . :'.-:. ~ -:.:. .:.. ,~ ~ $ ,,~ ~ ~ '.' ~ ~.' ~ '.' ,', ~ ,', ~ W '.' ~ '.' ~ '.' ~ '.' ,', ~ ~ '.' ~ ~" ~ ,-~ ~ ~ " ,'. ,', ~ i :.~ ,', ~ ~ ~.: ~ ... ~ M " ~ ,.' S ~ ,', ~ ~ ,.' ,-~ ~ ~ 0;; . . . .':.:' .:.:.. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:.'.:+:. .:.:. -:.:. .:.:. .:.:. .:.:. .:+:. .:.:. .:.:. :-,:.:,:",:.:,:.',:.:--,:.:.".:.:.'.:.:. .:+:. ':.:';-:.>")4. ~ ~..- .........- --- -...--------".....--.--..........----------.. ~ ~ W :.~ ~ ~-' 8 ~ ',' IN THE COURT OF COMMON PLEAS ~ '.' OF CUMBERLAND COUNTY "t STATE OF PENNA. ~ ',' ~ ... ~ '.' ,', ~ ~ '.' DOUGLAS MARK OTTENBERG, ~ N I). ..~.6.L"........ C.iyg",.. I () 95 ~ '.' ~ \'1'J':'IlS ,', ~ ~ ~.' ~ ',' CRYSTAL SHYANE OTTENBERG, ,', i'i !~ DECREE IN DIVORCE ~ ... ~ ',' ,', ~ ,', ~ ", ~ AND NOW, ... ". ';[""11,, .','1... .... ,.., 19 .9.~ ..., it is ordered and DOUGLAS MARK OTTEN BERG decreed that ..,...................,."....,..,....".,..,..... plaintiff, and. .. .. .... '" .~~Y.s.~~~. .s.~~~~.~ ,9:r:r.~~~?~.q... ., .... . .,. . .. defendant, are divorced from the bonds of matrimony, W :.~ ~ '.' . ~ ~ '.' The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ~ '.' w '.' ~ '.' ~ -. ........ ...... ... ..... ..... ............................ .... ..... ........j I~ '.' S ~ ~ nv Tit" c(~~o~(. AlI,,.I: \. '", l.' [' IJ //, c:J -h' _,..J. . ~,.. w Jt<:f . VI..--'I. ';:t~-CA.~'fl.S-cac ~.Jy.' L/-::j;i,,~.~ ,k' X;}C?, -D.-a4 '7 V / "f-ru.f'hol1olary ,~ ;'.' I, !~ :; , . fi i' ;:~ . .~..,.;-";";,;;;; ".. 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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 964 Civil, 1995 CRYSTAL SHYANE OTTENBERG, Defendant CIVIL ACTION IN DIVORCE LAW ORDER OF COURT AND NOW, this l~tL day of lull , 1995, upon presentation and consideration of the within Property Settlement Agreement dated June 22, 1995, it is hereby Ordered that said Proptlrty Settlement Agreement is incorporated herein and made apart hereof. BY THE COURT: t. J. ., , PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is made this 22nd day of June , 1995, by and between: CRYSTAL SHYANE OTTENBERG, of One Citadel Drive, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "wife'" , -AND- DOUGLAS MARK OTTENBERG, of One Citadel Drive, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "husband'" , WITNESSETH: WHEREAS, Husband and Wife were lawfully married on December 20, 1985 in Port Trevorton, Pennsylvania; and WHEREAS, the parties above named are the parties of two children; namely, Mark William Ottenberg and Mallory Rene Ottenberg; '. WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they have separated and now live separa te and apart from one another, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; and the settling of all matters relating to the custody and support of their minor children, and in general the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: -2- 1. SEPARATION. It shall be lawful for each party, at all Umes hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or 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 or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. Should a decree, judgment or order of separation or divorce be obtained by ei ther of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or di vorce; and tha t nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions -3- thereof, may be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party .. last executing this Agreement. 3. MUTUAL RELEASES. Husband and Wife do hereby mutually remise, release, qui t-claim or forever discharge the other and estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such other, tha estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, of claims in the nature -4- of dower or curtesy, or widow I s or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse I swill; 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 United states, or any other country; or any rights which either party may now have or at any time hereafter have for the past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real personal or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 4. DISTRIBUTION DATE. The transfer of property, funds and/or documents provided for herein shall only take place -5- on the "distribution date" which shall be defined as the date of execution of the Divorce Decree, unless otherwise specified herein. 5. MUTUAL CONSENT/ADVICE OF COUNSEL. Husband and Wife acknowledge and understand the terms and conditions of this Agreement and, husband is represented by Arthur K. Oils, Esquire and Wife has conferred with the office of Arthur K. Oils, Esquire and further, has been fully advised that she may seek the assistance and advice of independent counsel prior to executing this property Settlement Agreement. Wife, by executing this Agreement, acknowledges that she is fully aware of her rights in connection with independent counsel. Husband and Wife acknowledge that they fully understand the facts as to their legal rights and obligations under this Agreement. Husband and Wife acknowledge and accept that this Agreement is, under the circumstances, fair and equi table and that it is being entered j nto freely and voluntarily, and that the execution of this Agreement is not the result of any collusion or improper or illegal agreement or agreements. -6- 6. FINANCIAL DISCLOSURE. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this agreement that was not disclosed to the other party or his or her counsel prior to the date of the within agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the parties shall have the right to petition the Court of Common Pleas of Dauphin County to make equitable distribution of said asset. The non disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. -7- 7. DEBTS AND OBLIGATIONS. Husband represents has not:, and in the future he will not contract or l , , L I I. I " , I and warrants to wife that since the spring of 1995, he incur any debt or llabili ty 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 such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the spring of 1995, 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 such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. See Paragraph Eight (8) concerning real estate as to distribution of joint debts of the parties. B. REAL ESTATE. Husband and Wife agree that they are the joint owners of the marital residence located at One Citadel Drive, Camp Hill, Cumberland county, Pennsylvania. -B- The parties hereby agree that this property shall be distributed as follows: A. Wife hereby agrees to relinquish all of her right, title and interest in the real estate located at One Citadel Drive, Camp Hill, Cumberland, County, Pennsylvania, if the husband is approved for VA financing. Husband hereby agrees that he shall apply for refinancing through the Veterans Administration, applying no later than June 30, 1995 and if husband is able to secure said financing, husband hereby agrees to pay to wife the sum of $5,250.00 representing her interest in the real estate, in consideration for the wife's execution of a deed placing said real estate into husband's name alone. The sum of $5,250.00 shall be payable as follows: (i) Wife hereby acknowledges the sum of $2,000.00 was previously paid to her in April of 1995, leaving a balance due of $3,250.00. Upon husband's attempt to refinance being approved and settlement of the home, wife shall receive the sum of $1,500.00, less the balance due on the JC Penney charge card, upon closing and the remaining $1,750.00 shall be paid to wife in biweekly installments for a period of two years commencing June 16, 1995. Said biweekly installments shall represent wife's balance due for her equity in the -9- property, and said biweekly payments shall be in the amount of $33.66, payable on the Sunday evening fOllowing husband's biweekly pay. Husband and wife hereby agree that said equitable distribution payments in the amount of $33.66 biweekly for a period of two years shall terminate upon fifty-two (52) biweekly payments to wife; (it) Husband further agrees that he shall assume full responsibility for all joints debts owed by the parties including wife's PSECU PSL/Visa account and husband hereby holds wife harmless and indemnifies her from payment of any j oint debts. Upon payment in full by, husband of the PSECU PSL/Visa account, wife hereby agrees to hold husband harmless and release him from all liability on said account. B. If husband is not approved for the Veterans Administration refinancing of the real estate, husband and wife hereby agree that the real estate located at One Citadel Drive, Camp Hill, Cumberland County, Pennsylvania shall be sold and the proceeds from said sale shall be distributed as follows: ( i) All balances due and owing on the joint and personal debts of the parties as of May 22, 1995 will be paid in full, less any payments made since that date, and the remaining proceeds from the sale of the home will be divided equally between the parties, one-half each; -10- " The 1988 Honda Civic automobile shall become the sole and separate property of wife and husband hereby agrees to execute all documents, including the title to said automobile into wife alone. Said automobile is being transferred to wife free and clear of any encumbrances. The 1991 Mitsubishi Montero automobile shall become the sole and separate property of husband and husband hereby agrees to be solely responsible for the debt owed on said automobile. Husband hereby holds wife harmless and indemnifies her of any encumbrance due and owing whatsoever on the 1991 Mitsubishi Montero. 10. PENSION AND RETIREMENT BENEFITS. the parties do hereby specifically waive all their respective rights, title and interest in any pension or retirement plan of the other party. said pension/retirement plan shall become the sole and separate property of the said party in whose name the plan is currently carried, free and clear of all claims of the other party. Specifically, wife hereby waives all rights to the husband's pension/retirement plans which he currently is entitled to with his employment through the Office of the Attorney General and the United States Army Reserves. -12- '. 11. ALIMONY. Husband and wi fe hereby agree tha t husband shall pay to wife alimony at the rate of $136.47 biweekly commencing June 16, 1995. Said alimony payments shall be paid no later than the Sunday evening following husband I s biweekly pay. Said alimony payments shall continue until the final biweekly payment is received by wife in September of 1997. The amount of the alimony to be received by wife is $3,600.00 per year. At the end of September, 1997, husband hereby agrees to consider a continuation of alimony for a period of eight (6) additional months, if the wife is unable to obtain full- time employment in which she will earn $300.00 per month additional to her income which she is receiving at UPS at that time, if she is still employed with said company. Husband and wife hereby agree that these alimony provisions shall terminate upon remarriage, by wife, or death, husband and wife further agree that the alimony shall be considered as income to the wife and a credit to the husband for income tax purposes. The alimony payment of $13B.47 biweekly as provided for in this provision is in addi tion to the previous biweekly payment set forth concerning the wife I s equitable distribution and these two payments shall remain independent of each other. Said alimony payments shall be made directly between -13- 1 , , , husband and wife and shall be payable by check. However, wife hereby understands that should enforcement of this paragraph become an issue in the future, wife may file a Complaint with the Domestic Relations Office having jurisdiction over the , f,: matter, for the purposes of enforcement and collection of this alimony provision. be This alimony provision shall ., non-modifiable, except if there is a substantial change in circumstances concerning the income of the parties. 12. CUSTODY. The parties are the natural parents of two children; namely: Mark William Ottenberg and Mallory Rene Ottenberg. Husband and wife hereby agree that they shall enj oy shared legal custody of their children. All decisions affecting the children's growth and development including, but not limited to: choice of day care provider, medical and dental treatment, psychotherapy, psychoanalysis, or like treatment, decisions relating to actual or potential litigation involving the children, directly or as beneficiary other than custody litigation; education, both secular and religious, choice of camp, if any, athletic pursuits and extra curricular activities shall be considered maj or decisions and shall be made by the parents jointly, after discussion and consultation with each party and with a view towards obtaining and following a harmonious policy in the children's best interest. -14- '. , Husband and wife hereby agree that they shall enjoy joint physical custody of the children as follows: (a) Mother shall have physical custody of the minor children Monday through Friday from the hours of 7:00 a.m. until 4:30 p.m. At 4:30 p.m. Monday through Friday, father shall pick the children up and have physical custody of the children until the following morning at 7:00 a.m.; (b) Mother and father will alternate the children on an every other weekend basis, to be adjusted by father's United states Army Reserve schedule. On mother's weekends, she shall pick the children up at 9:00 a.m. on Saturdays and shall retain physical custody of the children until Monday afternoon at 4:30 p.m. On father's weekends, the children shaLl remain with him until Monday morning at 7:00 a.m. During the weekends that the father has United states Army Reserve duty, mother shall have physical custody of the children; (c) Father shall be responsible for payment of all child care costs incurred while he is called to duty to perform his United States Army Reserve annual training for the required two week period and/or while he is attending college in the evenings. -15- '. ,. . , Neither party shall permanently relocate if the relocation would necessitate a change in the joint physical custody schedule or if the relocation would exceed a twenty (20) mile radius without a minimum notice of ninety (90) days to the other parent. The ninety (90) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements, or to have the matter listed for a Court hearing. 13. CHILD SUPPORT. Father hereby agrees to pay tuition costs for Mark William Ottenberg to attend the Grace Lutheran Nursery School's three year old and four year old programs solely. In addition, father agrees to pay eighty (80%) percent of all clothing costs for the children and wif'3 hereby agrees to be responsible for the payment of the remaining twenty (20%) percent. In consideration of the joint physical custody arrangement agreed upon in this Agreement between the parties, neither party shall seek financial child support from the other unless and until there has been a material change in circumstances and/or the custodial arrangements pertaining to the children as set forth in this Agreement are changed by mutual agreement of the parties. Father shall continue to maintain health and major medical coverage on the children as provided for by his employer. -16- '. I' , , 14. FEDERAL INCOME TAX. As previously set forth in this Agreement in Paragraph Eleven (11) concerning Alimony, said alimony paid by the husband shall be a credit to the husband and shall be income to the wife for purposes of the Internal Revenue Code. Further, the parties hereby agree that the wife shall be entitled to take the minor child, Mallory Rene Ottenberg, as a dependency deduction on all local, state and federal income tax returns commencing the year 1995, and the husband shall be entitled to take the child, Mark William Ottenberg as a dependency deduction on all local, state, and federal income tax returns commencing the year 1995. Both parties hereby agree that they shall execute any and all necessary forms as required by the Internal Revenue Service to accomplish these dependency deductions. 15. WAIVER OF RIGHTS. The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1960, No. 19BO-26, as Amended February 12, 196B, particularly the provisions for alimony pendente Ii te, spousal support, equitable distribution of marital property, attorney fees and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under -17- the said law and the parties hereby waive, release and forever relinquish any further rights they may respectively have against the other for alimony, alimony pendente Ii te, spousal support, equitable distribution of mari tal property, attorney fees and expenses. 16. MUTUAL RELEASE OF CLAIMS. Except as otherwise stated in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, ti tle and interests, or claims in or agai~~t the property (including income and gain from the property hereafter accruing) of the other or against the estate of each other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have; specifically including any rights which either party may have or at any time hereafter have for past, present, or future spousal support, or maintenance, alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorney fees, costs or expenses, whether arising as a result of the marital relation or otherwise. It is the intention of the Husband and IHfe to give to each other by the execution of this Agreement, a full, -18- . , . " " , complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Husband shall execute a deed transferring all of his right title and interest in said residence at the time of settlement with the Pennsylvania state Employees Credit Union. 17. WAIVER OR MODIFICATION TO BE IN WRITING. A modification or waiver of any of the terms of this Agreement shall be effective only if in writing, signed by both parties and executed with the same formality as this Agreement. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 18. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all future instruments and/or documents that the other party may reasonably require for that purpose of giving full force and effect to the provisions of the Agreement. -19- ., " " , 19. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective legatees, devises, heirs, executors, administrators, successors and assigns in the interest of the parties. 20. BREACH. If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for payment of attorney fees and all costs incurred by the other in enforcing his or her rights under this Agreement. 21. LAW OF PENNSYLVANIA APPLICABLE. shall be construed in accordance with the Commonwealth of Pennsylvania. This Agreement laws of the 22. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs/provisions and subparagraphs 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. -20- . .. ., . .' 23. DIVORCE. The parties hereto acknowledge that husband has filed a Complaint in Divorce under Section 3301(c) of the Divorce Code which has been docketed to number 964 Civil, 1995, in the Court of Common Pleas, of Cumberland County, Pennsylvania. Husband and wife hereby agree tha t upon execution of this Property Settlement Agreement, they have simultaneously executed an Affidavit of Consent which will permit said divorce action to become finalized. The parties further agree and acknowledge that this Property Settlement Agreement shall be incorporated into said Decree in Divorce; however, shall not merge therewith. IN WITNESS WHEREOF, the parties hereto, have set their hands and seals the day and year first above written. Witness: 1~1' {J,.Jjf:'j)(\.L ",1,,- / E.. u.JQe(l'7.~e -21- . ... " . " , Commonwealth of Pennsylvania County of Dauphin On this, the 22nd day of June , 1995, before me, a Notary Public, the undersigned officer, personally appeared Crystal Shyane Ottenberg, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. My Commission Expires: ~ NOTA~IAL SEAL , PublIc Harrisburg, PA D.1uphln Gounly MYComml5slon EAplrcs Matth 14.1909 Commonwealth of Pennsylvania / County of Dauphin On this, the 22nd day of June 1995, before me, a Notary Public, the undersigned officer, personally appeared Douglas Mark Ottenberg, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. My Commission Expires ,I, L.j " " III /v,,\c'-... MARK OTTENDERG, Plainti ft CRYSTAL : IN THE COURT OF 'CUMBERLAND COUNTY, , . NO. 964 civil , SHYANE OTTENBERG, . Defendant . LAW COt1MON PL~^:; PENNSYLVANIA 1995 Va. CIVIL ACTION _ DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary. Transmit. the record, together with the following information, to the Court tor entry of a divorce decree: 1, Ground for divorce. irretrievable breakdown 33011c) under Section (X) ~Jlx>lld:x ( ) 201 (d) (1) of the Divorce Code. (Check ,-. app1.1"bl. .ection) . 2. Date and mAnner of .ervice of. the complaint: Certified mail - dated February 25, 1995 . 3. (Complete either paragraph (a) or (bl, (a) Date of execution of the affidavit of con~ent required by Section 201 (c) of the Divorce Code: by plaintiff June 14, 1995 , by defendant June 29, 1995 " . (b) (1) Date of execut10n of the plaintiff's affidavit required by Section 201 (d) of the Divorce Code: , (2) date of service of the Plaintiff's affidavit upon the Defendant. 4. Relate~ claima pending, ...' . Arthur K. Oils, Esquire (717 I 232-9724 Plaintiff Defendant , <- c: ~ c:.:: .;:. t=. w - C) ::'s.: ,....,; 'U'l .- "I t.'" 6, Slgn.lur.fAg.nll " iR.; , t' 'l " ;:- PS Fonn . O.c.mb.r 1991 ",,', *u.a. GPO: 1113-452071. D9MESTIC RETURN RECEIPT tJER: ...,. It.m. , andlor 2 lor .ddlllon.1 ..rvlc... I elaa with to receive 'he .t. It.m. 3, .nd ... It b. following .ervlces (for IIn exl,. f',' 'IUf n.me Ind add".. on th, rlv.r.. 0' thl, 'orm .0 thall w. t.n feel: t.rd 10yO\l. ~. 'orm 10 the front of the m.llp1tee, or on the b.ck If .p.n 1. D~ddre ee', Addre.. trmlt. . I lturn R.cllpt Rtquttttd"on thl m&IIploc. bllow the MIde number 2. ' BlIt,lcted' Dellv8lV'; , n R.c.lpl 'WID ahow 10 whom the .nkll Wit d.W....rtd.nd thI dll. Conault oatmeater for fee,' I Addr...ed 10: , 4., Artlcl. Numb.r . ',~.J~~ 4b,S~IC~Y; d-, ~~', :' ~ O"v'-l2-~~ ~ DR~.I.r.d. Dlnlur.d, ~' l/d'C.rtIf1.d ' D COD, , ' e~H~e{I fl.. 1'70 I r D Expr... M.n D R.lurn RO..,Pt fO'; I, 7, O.l.o\.p.nv.ry, ' , ...' ,~S-- 5' ' !i 6" Addr....... Add.... (Only If r.qu.lled J i .nd foe II p.ldl ' , I;' ~ l l' . / I" .' ': :, \;1', "I ' P,ll!' a.n en - >-,. :.~ ~~ . ' ..lit;, I.~t (,,).r,":', ,. ":.' ~ C' ~I to. .--': L.~ ," ..~ I . Z':.' r 1'0 'D \() '() \'\] '....... ::.'C c.._ co ~ ''J -,'-' ....., ......, ttl ..... ~ ..1-' . '" ..'1../ ,~. ~~. -. ,... ., uQ jf~ ~ ~. ""-.~ :J ,,'] '-- \~ < H 00< .0::> r.l...:! U U 0-'1>< It: It: PlOO r.l r.l Z In In r.l ZZ Z Z CJ O~ r.l r.l It: ~11<:;: ~ E-t g E-t o ~'" 0 0 H CJ><~ Q E-t :.: r.l ~E5 It: UI Z Z ~ ~ > ~ H O.-i E-t CJ ',.j :I: E-t It: > 00 00 Z ::3 Q.,.j .0: H oZCJ ...:l ...:l < CJ.o: u ~ 0-'1 ...:l ::3 Pl r.llt: 0 00 :;: :I:r.l Q >< 0 E-tln !j CJ :;: . z PO HUZ ,.J ......, ,.~ ~ ......... " '\'- "'1 h l'" ,... .")- l.-, "'I "\ rt') ~ '- l" './2) -L ~~~ .. , , , . a .~ 1;= ~ w. ~- ~ ~ ~l>i~ c l! w..BJ \!l .. ~t:~~ z ~ c a ~ . " w " ~ l: /:l !i c . n a- _c i J' ~ vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.95- '1(../ Civil, ~C:KtVt IN DIVORCE DOUGLAS MARK OTTENBERG, Plaintiff CRYSTAL SHYANE OTTENBERG, 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 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 mar~iage, you may request marriage counseling. 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 Court House One Court House Square Carlisle, PA 17013 (717) 240-6200 DOUGLAS MARK OTTENBERG, Plaintiff IN 'rilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. "'J ';(,'/ Civil, 1995 CRYSTAL SHYANE OTTENBERG, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1 . The Plainti ff is Douglas Mark Ottenberg, an adult individual, who currently resides at One Citadel Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Crystal Shyane Ottenberg, an adult individual, who currently resides at One Citadel Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff and Defendant were married on December 20, 1985, in Port Trevorton, Pennsylvania. 4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. Defendant is not a member of the Armed Services of the United States or its allies. VERIFICATION I verify lhat the statements made in this Complaint in Divorce are true and correct. r understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. ~1 .(}." VIA 8.~Qv las Mark ottenberg Dated: 2/21/95 I I. ,', ;', .. '-' ..1 , L.- "" .- ':~":: .- j:;;. J:- en ,,' .., ;:'-.'.: .-' ~.., in " c. w -U :;J: " ':.,. ,-..' ,t,C '<J'1 .. '., DOUGLAS MARK OTTENBERG, Plaintiff vs. IN '1'/lB COUR1' OF COMMON PI. BAS CUMBERLAND COUNTY, PENNSYLVANIA No. 964 Civil, 1995 CRYSTAL SHYANE OTTENBERG, Defendant CIVIL ACTION - LAW IN DIVORCE " AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of t1w uivorce Code was'filed on February 23, 1995 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the ddte of filing the Complaint. 3. I ~bnsent to the entry of a final Decree in Divorce. 4. I understand that I may lose rights cOllcernintj iliirnony, di vision of property, lawyer I s fees or expensDs if I do not claim them before a divorce is granted. S. r have been advised of the aVililabillty of counseling, and being so advised, I do not ruquDst Court require my spouse and myself to participate in counseling. /Ihlrriage that the marriage I verify that the statements made in this Affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 16 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATED: c. /,..:'clA..,- / /; // /" rJ' / " - _ ~ r-,~ --'~ /'r -.,~- ~ ' ,?"!A{/ -, (c... CCC(./.: c_/ Crystal Shyane Otterib~rg Defendant ,.- c.: .- ,'l C') ";. ':I ,., .1:'_ c w -u -- , ,- ,. I'. ~ <..0 U,