HomeMy WebLinkAbout95-01829
J
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
CUMBERLAND COUNTY -PENNSYLVANIA
Debra J. Ott,
plaintiff
Civil Action - Law
v.
1995-1B29- Civil Term
=
".J
-t
Cn
Kevin D. Ott,
Defendant
In Divorce a.v.m.
w
'-'
'-'
-":.1
::.:.:
PRAECIPE TO TRANSMIT RECORD
To the prothonotary:
t..O
<J'
please transmit the record, together with the following
information, to the court for entry of a divorce decree.
1, GROUND FOR DIVORCE: Irretrievable breakdown under
Section 3301(c) of the Divorce Code.
2. DATE AND MANNER OF SERVICE OF THE COMPLAINT:
Served by Certified Mail, Restricted Delivery on Kevin D. Ott on
April 17, 1995, (See Affidavit of Service in file)
3. DATE OF PROPERTY SETTLEMENT AGREEMENT: september 22, 1995
4. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY
SECTION 330l(c) OF THE DIVORCE CODE: By Plaintiff: September 27,
1995; by Defendant: September 27, 1995.
5. RELATED CLAIMS PENDING: None
~ /<: c:-< -S;t
,~ James K. Reed, Esquire
1035 Wayne Avenue
Charnbersburg, PA 17:!01
(717) :!64-1110
;tI 1~- - /02 f' (1 L' LY. L
PROPERTY SETrLEMENT AGREEMENT
BETWEEN
DEBRA J. OTr
AND
KEVIN D. OTr
c;::")
..
-'
L.)
r-.J
..-
AGREEMENT,madethls.~,) It, I dayof (,J'f.'lr"Yl (:r'~:'" 1~5,byand
between Kevin D. Ott, of 85 Chestnut Grove Road, Shlppensburg, PA, her.t>>Qafter
referred to as "Husband", and Debra J. 011 of 363 Valley Drive, Fayellevllle, PA,
hereinafter referred to as "Wife".
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been married on
July 6, 1975 In Shlppensburg, Cumberland County, Pennsylvania.
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen
between the parties and it Is the Intention of Wife and Husband to live separate and
apart, and the parties hereto are desirous of settling their respective financial rights and
obligations as between each other Including: settling of mailers between them relating
to the past, present and future support and/or maintenance of Wife by Husband.
WHEREAS, the parties hereto wish finally and for all time to sellle and
determine the respective and other rights growing out of their marital relation; wish to
live separate and apart; and, wish to enter Into their property and separation
Agreement;
WHEREAS, both and each of the parties hereto have been advised of their legal
rights and the Implications of this Agreement and the legal consequences which may
and will ensue from the execution hereof:
WHEREAS, Wife acknowledges that she is thoroughly conversant with and
accurately knows the size, degree, and extent for the estate and Income of Husband,
and Husband acknowledges that he Is thoroughly conversant with and knows accurately
the size, degree and extent of the estate and Income of Wife;
NOW, THEREFORE, in consideration of the premises and of the mutual
promises, covenants and undertakings hereinafter set forth which are hereby
aCknowledged by each of the parties hereto, Wife and Husband, each Intending to be
legally bound hereby, covenant and agree as follows:
'.
.
I, ADVICE OF COUNSEL: The provisions of this Agreement and their legal
effect have been fully explained to the parties by their respective counsel, The parties
acknowledge that they have been advised of their right to received Independent legal
advice from counsel of their selection and that they have been fully informed as to their
legal rights and obligations and they acknowledge and accept that this Agreement is, In
the clrcumstances, 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 collusion or Improper or illegal agreement or agreements and the
parties hereto state that he or she, In the procurement and execution of this Agreement,
has not been subjected to any fraud, concealment I overreaching, Imposition. coercion,
or other un/air dealing on the part of the other, or on the part of the other's counsel,
2. WARRANTY OF DISCLOSURE: The parties warrant and represent that they
have made a full disclosure of all assets and their valuation prior to the execution of this
Agreement. This disclosure was In the form of an Informal exchange of Information by
the parties' attorneys and this Agreement between the parties is based upon this
disclosure.
3. PERSONAL RIGHTS AND SEPARATIQN: Wife and Husband may and shail,
at all times hereafter, live separate and apart. They shall be free from any control,
restraint, Interference or authority direct or indirect by the other In all respects as If they
were unmarried, They may reside at such place or places as they may select. Each
may, for his or her separate use or benefit. conduct, carry or eng8ge In any business,
occupation, profession or employment which to him or her may seem advisable. Wife
and Husband shall not molest, harass, disturb or malign each other or the respective
families of each other nor compel or atlemptto compel the other to cohabit or dwell by
any means or In any manner whatsoever with him or her.
4. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement
shall not be considered to affect or bar the right of Wile or Husband to a limited or
absolute divorce on lawful grounds If such grounds now exist or shall hereafter exist or
to such defense as may be available to either party. This Agreement Is not Intended to
condone and shall not be deemed to be a condonation on the part of either party hereto
of any act or acts on the part of the other party which have occasioned the disputes or
unhappy differences which have occurred prior to or which may occur subsequent to the
date hereof. The parties Intend to secure a mutual consent, no-fault divorce pursuant to
the terms of Section 3301(c) of the Divorce Code of 19BO.
5. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties
agree that the terms of this Agreement may be Incorporated Into any divorce decree
which may be entered with respect to them. Notwithstanding such incorporation, this
Agreement shall not be merged In the decree, but shall survive the same and shall be
binding and conclusive on the parties for ail times.
6. DATE OF EXECUTION: The "date of execution" or "execution date" of this
Agreement shall be 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,
7. PERSONAL PROPERTY: The personal property has been divided to mutual
satisfaction of the parties, with the exception of son's baby pictures and Wife's childhood
pictures which Husband Is to return to Wife. Wife agrees to sign of of the registration of
the two dogs.
8. BANK ACCOUNTS: For the mutual promises and covenants contained In this
Agreement, Husband and Wife hereby waive all right, title and Interest they may have
by equitable distribution In their respective b8nk accounts, checking or savings, if any,
and each party waives against the other any duty of accounting for disposition of any
Jointly held funds.
9. MOTOR VEHICLES: With respect to the motor vehicles owned by one or
both of the parties, they agree as follows:
a. Wife shall retain possessslon of the vehicle currently in her possession
and Husband agrees to waive any and all right and title in said vehicle.
b. Husband shall retain possession of the vehicle currently In his possession
and Wife agrees to waive any and all right and title In said vehicle.
10. AFTER.ACQUIBED PE8.~ONAL PROPERTY: Each of the parties shall
hereafter own and enjoy, Independently of any claim or right of the other, all Items of
personal property, tangible or Intangible, hereafter acquired by him or her with full
power, In him or her to dispose of the same as fully and effectively, In all respects and
for all purposes, as though he or she were unmarried.
II. REAL ESTATE: The parties hereto acknowledge and agree that they ore
owners by the entireties of a certain Improved tract of real estate known as 85 Chestnut
Grove Road, Shlppensburg, Cumberland County, Pennsylvania. For and In
consideration of the mutual covenants and agreements herein contained in the body of
this Instrument, Husband and Wife further stipulate and agree that at such time as
Husband pays to Wife the sum of $ 11,000,00, Wife shall convey all of this right, title
and interest In the aforesaid real estate to Husband, At the time of settlement, Wlfe's
debt to Dauphin Deposit Bank shall be paid In full from the settlement proceeds of
$11,000.00 and the account shall be closed.
, .
12. RECIPROCAL WAIVERS OF PENSION INTEREST:
Wife acknowledges that Husband has a pension through his employment with
Lelterkenny Army Depot and she agrees to waive any and all interest In said pension.
13. DEBTS: Except as otherwise herein expressly provided, the parties shall and
do hereby mutually remise, release and forever discharge each other from any and all
actions, suits, debts I clalms, demands and obligations whatsoever, both In law and in
equity, which either of them every had, now has, or may hereafter have against other
upon or by reason of any maller, up to the date of the execution of this Agreement
14. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that
they have not heretofore Incurred or contracted for any debt or liability or obligation for
which the estate of the other party may be responsible or liable except as may be
provided for in this Agreement. Each party agrees to indemnify or hold the other party
harmless from and against any and all such debts, liabilities or obligations of every kind
which may have heretofore been Incurred by them, Including those for necessities,
except for the obligations arising out of this Agreement,
15. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each
covenant I warrant, represent and agree that each will not and at all times hereafter save
harmless and keep the other Indemnified from all debts, charges and liabilities Incurred
by the other after the execution date of this Agreement, except as may be otherwise
specifically provided for by the terms of this and that neither of them shall hereafter Incur
any liability whatsoever for which the estate of the other may be liable.
16 WAIVER OF SUPPORT:
a. Husband hereby waives all right to claim against Wife spousal support,
alimony, alimony pendente lite, counsel fees and expenses.
b. Wife hereby waives all right to claim against Husband spousal support,
alimony, alimony pendente iIle, counsel fees and expenses,
17. MUTUAL RELEASES: Husband and wife each do hereby mutually remlse,
release, quitclaim and forever discharge the other and the estate of such other, for all
time to come, and for all purposes whatsoever, of and from any and all rights, title and
Interests, or claims In or against the property (Including Income and gain from property
hereafter accruing) of the other or against the estate of such other, of whatever nature
and wheresoever situate which he or she now has or at any time hereafter may have
against such other, the estate of such other or any part thereof, whether arising out of
any former acts, contracts, engagements of liabilities of such other or by way of dower,
curtesy, or claims in the nature of dower or curtesy or widow's or wldower's rights, family
exemption or similar allowance, or under the Intestate laws, or the right to take against
the spouse's will; or the right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to participate In a deceased
spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State,
Commonweallh or territory of the United States, or (c) any other country, or any rights
which either party may have or at any time hereafter have for past, present or future
support or maintenance, alimony, alimony pendente lite, counsei fees, equitable
distribution, costs or expenses, whether arising as a result of the marital relation or
otherwise, except I 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.
18. DIVORCE: Wife has commenced an action for divorce from Husband
pursuant to Section 3301(c) of the Pennsylvania Divorce Code (Irretrievable breakdown).
The Divorce Complaint was filed in Cumberland County on April 1 0, 1995,
Both parties shall, at the time of the execution of this Agreement, furnish Wife's
attorney with an Affidavit evidencing that each of them consents to the divorce. It Is
further agreed and understood that any decree of divorce isSUing in this matter shall
ref/ect the fact that Wife will bear the cost of same In her individual capacity.
a, Each of the parties agree that this Agreement represents a complete and final
agreement as to their respective property rights which arose from the marital relation
and therefore mutually waive any and all rights they may have under Section
3502(Equltable Distribution) of the Pennsylvania Code, Act No. 1980,26.
b. This Agreement may be offered In evidence In the action for divorce and may
be incorporated by reference In the decree to be granted therein, Notwithstanding such
Incorporation, this Agreement shall not be merged In the decree, but shall survive the
same and shall be binding and conclusive on the parties for all time.
19. LEGAL FEES: In the review and preparation of this Agreement each party
shall bear hlslher own legal fees.
20. REMEDY FOR BREACIi.;, If either party breaches any provision of this
Agreement, the other party shall have the right, at his or her election, either to sue for
damages for such breach In which event the breaching party shall be responsible for
payment for legal fees and costs incurred by the other in enforcing their rights
hereunder or to seek such other remedIes or relief as may be available to him or her.
21. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that
this Agreement constitutes an equitable distribution of property both real and personal,
which was legally and beneficially acquired by Husband and Wife or either of them
during the marriage as contemplated by The Act of April 2, 1980, known as "The Divorce
Code,. 23 P.S. iOl, etseq. of the Commonwealth of Pennsylvania, and as amended.
22. SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and
agreed by and between the parties hereto, and each party accepts the provisions herein
made in lieu of and In full settlement and satisfaction of any and all of said partles'
rights against the other for any past, present and future claims on account for support,
maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses,
equitable distribution of marital property and any other claims of each party Including all
claims raised by them in the divorce action pending between the parties.
23. TAX CONSEQUENCF.S: By Agreement, the parties have Intended to
effectuate and by this Agreement have equally divided their martial property, The
parties have determined that such equal division conforms to a right and just standard
with regard to the rights of each party, The division of existing marital property Is not,
except as may be otherwise expressly provided herein, Intended by the parties to
Institute In any way a sale or exchange of assets and the division is being effected
without the introduction of outside funds of other property not constituting a part of t
marital estate.
24. MUTUAL COOPERATION/DUTY TO EFFECTUATE AGREEMENT: Each
party Sh811, 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 further Instruments
and/or documents that the other party may reasonably require for the purposes of
giving full force and effect to the provisions of this Agreement.
25. RECONCILIATION: The parties shall only effect a legal reconciliation which
supersedes this agreement by their signed agreement containing a specific statement
that they have reconciled and that this agreement shall be null and void; otherwise, this
agreement shall remain in full force and effect. Further, the parties may attempt a
reconciliation, which action, If not consummated by the aforesaid agreement, shall not
affect In any way the legal affect of this agreement or cause any new marital rights or
obligations to accrue,
26, SEVERABILITY: If any term, condition, clause or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise,
then only that term, condition, clause or prOVision shall be stricken from this Agreement
and in all other respects this Agreement shall be valid and continue in full force, effect
and operation. likewise, the failure of any party to meet her or his Obligations under
anyone or more of the paragraphs herein, with the exception of the satisfaction of the
conditions precedent, shall In no way avoid or alter the remaining obligations of the
parties.
27. NO WAIVER OF DEFAULT: This Agreement shali remain in full force and
effect unless and until terminated under and pursuant to the terms of this Agreement.
The failure of either party to Insist upon strict performance of any of the provisions of
this Agreement shall In no way affect the right of such party hereafter to enforce the
same, nor shall the waiver of any breach of any provisions hereof be construed as a
waiver of any subsequent default of the same or similar nature, not shall It be construed
as a waiver of strict performance of any other obligations herein,
28. INTEGRATION: This Agreement constitutes the entire understanding of the
parties and supersedes any and all prior agreements and negotiations between them.
There are no representations or warranties other than those expressly set forth herein.
Thl& Agreement shall survive Integration by any court Into any judgment for divorce and
shall continue to have Independent legal significance as a written contract separate from
such Judgment for divorce and may be enforced as an Independent contract.
29. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise
specifically provided hereln, this Agreement shall continue In full force and effect after
such time as a final decree In divorce may be entered with respect to the parties.
30. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or
waiver of any of the terms hereof shall be valid unless In writing and signed by both
parties and no waiver of any breach hereof or default hereunder shali be deemed a
waiver of any subsequent default of the same or slmliar nature.
31. CAPTIONS: The captions of this Agreement are Inserted only as a matter of
convenience 8nd for reference and In no way define, limit or describe the scope and
Intent of this Agreement, nor In any way effect this Agreement.
32. AGR~EMENT BINDING ON HEIRS: This Agreement shall be binding and
Sh811 endure to the benefit of the parties hereto and their respective heirs, executors,
administrators, successors, and assigns.
33. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be
construed in accordance with the laws of the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the parties have set their hands and seals to two
counterparts of this Agreement, each of which shall constitute an original, the day and
year first above written.
.
Witness:
\ 9/ CJ c../](, ...: c \(:<..lll. ~r/
.-(r. "('/;' .f\ (~. jl'-
Kevin D. OU
/)~(\,." ,-,'t' "'L\JCl{-
1'J1 bel... ~, (jlH-
Debra J. 011 .
COMMONWEALTH OF PENNSYLVANIA:
SS
COUNTY OF FRANKLIN
On this the /?JIII day of ,< :>1. , 1995, before me, a notary public,
the undersigned officer, personally ap eared Kevin D. Oil, known to me (or satisfactorily
proven) to be the person whose name Is subscribed to the within Instrument, and
acknowledged that they executed the same for the purposes therein contained.
In Witness Whereof, I hereunto set my hand and notarial seal,
COMMONWEALTH OF PENNSYLVANIA:
SS
(1-.,- 9{L_~
In Witness Whereof, I hereunto set my hand and notarial seal.
a.
t/,
(1.(y(
Q(~~(
I ......
N"I;vj~ 56JI
c'1I1lIJ \'.1'Tl<~. NO~il'Y PtJbI"
Chantw)/,Sl;(lfo B..:ro, FwrJJ.-Un County
MYCo'T1Ins~0I1g,r."O'''P''13.I097
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
PENNSYLVANIA - CUMBERLAND COUNTY BRANCH
Debra J. Ott, . civil Action - Law
PlaintH f .
. {I. ,~ -j
v. . .~ 1995- J '{,.')1 " tk . '- 1A~1l'---
.
.
Kevin D. Ott, .
Defendant .
. In Divorce a.v.m,
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 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 available in the
Office of the prothonotary, Cumberland County Courthouse,
Carlisle, pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 'rHE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
~
-: J.!
~
COURT ADMINISTRATOR
CUMBERLAND CO COURTIIOUSE
1 COURTHOUSE SQUARE
CARLISLE PA 17013 3387
(717) 240 6200
4 th FLOOR
~
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
PENNSYLVANIA - CUMBERLAND COUNTY BRANCH
Debra J. Ott, . Civil Action - Law
Plaintif f .
. -
. F,-R-;-199 5- II'.J 'I CWJ "ll..........
v,
.
.
Kevin D. Ott, .
Defendant . In Divorce
COMPLAINT UNDER SECTION 330l(c) OR 330l(dl
OF THE DIVORCE CODE
1.
plaintiff is Debra J. Ott, who currently resides
at 363 Valley Drive, Fayetteville, Franklin County, with a mailing
address of P.O. Box 531, Shippensburg, pennsylvania 17257, since
January 1995. Prior to plaintiff residing at present residence
she resided at 85 Chestnut Grove Road, Shippensburg, Cumberland
County, Pennsylvania, since August, 1985,
2 .
Defendant is Kevin D. Ott, who resides at 85 Chestnut Grove
Road. Shippensburg, Cumberland county, Pennsylvania 17257, since
August, 1985.
3 .
Defendant has been a bona fide resident of Cumberland county,
Pennsylvania for at least six months immediately previous to the
filing of this complaint and Plaintiff has been a resident of
Franklin County for approximately four months.
"
I verify that the statements made in this Complaint are true and
correct. I understand that false statements herein are made
subject to the penalties of 18 Fa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date:~ to I Cl 5'
JJL'hlj,l. ~ ((ltt
Debra J. Ott
Co> (S.
Ii( cU.t~)
.u
flCUCI.'
. )(1 (J
pr\..
/JS.
3y'jl
l'J
:') ,
(1\'
/ ,~ {/ jt
(1 S7 ~ 33
('(
"l,,/
/ )') .
. . 'I{
.Jll/(/'/
. ...
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
CUMBERLAND COUNTY - PENNSYLVANIA
Debra J. Ott,
Plaintiff
: Civil Action. Law
v.
Kevin D. Ott,
Defendant
: No. 1995-1829 Civil Term
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA:
SS
COUNTY OF FRANKLIN
James K. Reed, Esquire being duly sworn according to the law, deposes and
says that he sent a true and correct copy of a Complaint under 3301 (c) or 3301 (d) of the
Divorce Code to Kevin Ott, at last known address of 85 Chestnut Grove Road,
Shlppensburg, PA 17257, certified mall, restricted delivery, return receipt requested No.
P 740 803 990 mailing receipt bearing the written name of Kevin Ott, postage prepaid
on April 12, 1995, from the law office of David C. Cleaver & Assoc" 1 035 Wayne Ave.,
Chambersburg, PA 17201, received on April 17, 1995,
ames K. Reed, Esquire
U'">
en
Sworn and subscribed to before
me this /~(I.IL\.day of~ 1995,
~o Q. /?~/uuj
NQt ry Public
.., ~
=
0_
;1" >.-_
<,'
~'~..J
fJl;I.1"ttSoil!
Jo A. nr.e "'d, N,'ioy 1'..0'"
Ch.1n'l;cr:hl~l'l "J '':0 Fr,..j"':1 c- mty
,"," ' \' _' , ,"", vo.
"1 ...~.l"I<l":;tt"Ht.Jll""" '_IY"'" 1'.'7
' '" t"'L-."-.,....lI .... U...
-
~- --I
'"
..
j~ :
.!! ENDER:
I, ~Il . Compt.t. Itlm. 1 Indlol 2 '0' additional MMe... I allo wl.h to rocolve the ~'f I
. Compl.t. II.m. 3, .nd 4. Ii b. following services ftor an axtre
) ~ . Print~, n.me Ind Iddr... on the 11'11,.. of 1h1, form.o thai WI can foo): r
! iJ 'tlurn thl, clrd to you. G i
' ~ -Attach thl, fOfm to the front 01 the mlllpi,cl. or on the back II 'PIC' 1. 0 Addrelloe'. Address CI) ,
! ~.. doe. not permit.
. -! . Wrlt,"RllumRlc.lpIRtqullttd"onthlm.IIPMlcllMlowtht.,tlcllnumber 2. ~Dstrlcted Del/verV li.:
i . Th. Rot"," R""pt "m .how '0 "honUN ,''',''',, d.II....d .nd ,he d.t. ~ 'jii I,
' 8 d.lIvlrltd, Consult ostmsstor tor 'ou. ;-
.1 'V 3~A lei. Add, ....d to: 4e, Arllfl. Numb.r qa a: i
!,lS, 'r"lD ~ ,D al
; f. ~~t:J0. 4b, S.rvlc. Typ. cI! I
! If' a,,- " _ ",-, 0 R.glll.r.d 0 In.ur.d 1,~1
(7~ 1..7'~.<u .t'il:C.rtIJl.d 0 COD
~ ~ PIl l:]~.pr... M.n 0 R.turn R.c.lpt '0'
- - 'v. . -;) - ~ i
. ..' l'l ~ ~f) 7. D.t. of Dolivory &:
:. 111 5. 51~.7/Addr~, ,./ S, Addr....... Addr...(Dnly II r.quoll.d :/'
, ~ ?t:--. ~ <Sy, ~ ~r- end ,.. I. poldl :i ,
; 6. Slgn.tur. /A;ntJ '. i!: ,
,~
~ i:: i! li!;i 1! I~ '1r d ,." 'I; .
i .. PS Fo,m . Dec.mber 1991 *lI"'~'~714 DOMESTIC RETURN RECEIPT I
:J1
.,.._-,----,~~_.__...
.}..I
'*'-.......
.. ";I'::~.J~Y
""-
',>;,n;~~....i<7;'.:f"~...
P "/ 4 U II U ~ '1'10
AL-. ~o~~~~~;,~ ~~J!"~~~O:i~~
~ 00 nol use lor InlernatlOnal Mail
~\ (See Rovcrso)
..............
~ '
I'n,t"j)oJ
S?
LI>l!.1','.l "-,,
o
Sp,'rdl (),'h',,(~ fl'"
1l..,tr,ct",ID,'I,wr,I..,r
Hl'fum 1l,'ll"I,1 ','I".....1ll1
~ In'o'llllJI'1 A lllT~ (l..j,....,.,j
'12 Il,'I<jfrll'''C,'''I'I:;t''M'III.I 'u~"h',fIl
~ O,!!j','\ "(1,1't'~~ HI n.'Io\"'1
"
-, lOlAl ,~,~tl'l"
o \'".,'!.
o
<0
M
~
"
"
'"
"
1'l"",II"'I'k !ll 11.1'"
c...( '\ l
.l( S
. ,
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
CUMBERLAND COUNTY - PENNSYLVANIA
Debra J. Otto
Civil Action - Law
vs.
1995-1829 Civil,Term
V"l
'"
'V
r,)
0:)
Plaintiff
Defendant
In Divorce a.v,m.'
(.,\
u:
V1
-0
=
~
<n
<.r1
Kevin D. Otto
..-
.
AFFIDAVIT OF CONSENT
1.
A Complaint in Divorce under Section 330l(c) or 330l(d) of
the Divorce Code was filed on April 10, 1995,
2,
The marriage of Plaintiff and Defendant is irretrievably
broken, and ninety (90) days have elapsed from the date of filing
the Complaint.
3.
I consent to an entry of a final decree of divorce.
4.
I understand that I may lose rights concerning alimony,
division of property, lawyer's fees, or expenses if I do not
claim them before a divorce is granted.
5.
I understand that court costs in this matter are to be paid
by Plaintiff.
DEBRA J. OTT,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-1829 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
Plaintiff
v.
KEVIN D. OTT,
.
.
Defendant
AND NOW,
ORDER OF COURT
17~
this .l~th day of May, 1995, this matter
having been called for a hearing on petition of Debra J. ott for
special relief in this divorce case, and parties having reached
an agreement to resolve the issues presently before the Court,
it is ordered:
1. The proceeds of $2,547.50 from a totalled
Ford Taurus that was marital property shall become the sole and
separate property of Debra J. ott and shall no longer be marital
property.
2. Debra J. ott assumes sole responsibility to
pay a joint line of credit at the Dauphin Deposit bank with a
current balance of principal and interest of $2,553.12. Debra
J. ott shall hold Kevin D. ott harmless and indemnify him for
said debt, which shall no longer be marital debt.
3. Until there is either an order of equitible
distribution or a property settlement agreement, Kevin D. ott
shall have exclusive possession of the marital residence at 85
Chestnut Grove, Southampton TownShip, Shippensburg, Cumberland
Ik( I ~ 12 ll2 ;'il'95
I", 'If
\;,
..
.
,
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND COUNTY BRANCH
i
I Debra J. Ott
l
i
I
Ii
Ii
!i
Ii
Ii
I!
II
I;
I:
,I
II
II
,I
I'
II
Ii
II
I'
,
I
,
.
.
.
.
civil Action - Law
Plaintiff
vs.
1995-1829 Civil Term
Kevin D. Ott
Defendant
In Divorce a.v.m.
ANSWER TO PETITION
1.
Admitted.
2.
Admitted.
3. Denied in part. To the contrary, Plaintiff/Petitioner
Debra J. Ott took a 1987 Ford Taurus, which vehicle was titled
in joint names with Defendant/Respondent, Kevin D. ott, with
her when she deserted the marital residence to move in with her
paramour, Greg Higgins, on January 17, 1995. On or about March
20, 1995, said vehicle was being opernted by Jamie Alexander,
age unknown, when he rear ended another vehicle as the report
to the parties' insurance company reads, a copy of which is
attached hereto, marked Exhibit A and incorporated herein by
reference. While it is admitted that the insurance carrier is
willing to pay the fair market value of $2,547.50, it is
specifically denied that Respondent refused to sign the check.
Further, Petitioner failed to advise Respondent that the
vehicle was in an accident. Respondent did not discover that
the vehicle had been in an accident until he saw the vehicle
when Petitioner was driving it. Respondent later discovered
that Petitioner had forged or caused someone else to forge
Respondent's name to the title of the vehicle. When Respondent
advised the insurance carrier that he had not agreed to
totaling the vehicle and had not signed the title, the
insurance carrier's adjuster informed the Respondent then that
they were stopping payment on the check. To date, no new check
has been issued.
4. Denied in part. To the contrary, Respondent owns a
1980 Chevy truck, with approximately 270,000 miles, which is
used for light duty, but it would not be suitable or safe for
daily use. Respondent also owns a 1985 Escort with
approximately 175,000 miles, which Respondent uses to commute
to work, estimate of value of the two vehicles are attached
hereto, marked Exhibit B and incorporated by reference.
5. Denied in part. Petitioner is driving a Ford Astro
van daily. Respondent believes and therefore avers that the
van has been purchased for petitioner and her paramour and will
be titled to them after settlement of the parties marital
estate.
6. Denied in part. To the contrary, Petitioner is
, driving a fairly new Ford l\stro van on a daily basis. In
ii further answer, a copy of Petitioner's income and expense
Ii sheet, marked Exhibit C is attached hereto and incorporated
I herein. No rent expense for a vehicle is listed. No income
I equivalent for being loaned a vehicle is listed.
I
,
7. It is respectfully requested that the relief suggested
be denied.
il
I,
Ii
"
II
I
'1
j,
iI
'1
I,
II
!I
Ii
Ii
II
II
II
,I
Ii
I' The foregoing items have not reappeared
! i by Petitioner.
!'
"
"
i:
,
NEW HATTBR
8. On or about April 25, 1995, at or about 2:00 p.m.
Respondent and Petitioner attended a support conference at the
Domestic Relations branch of the Court of Common Pleas of the
39th Judicial District, Franklin County Branch at 240 North
Second Street, Chambersburg, Franklin County, Pa.
Petitioner and her
and removed the
9. Immediately after said conference
paramour entered the marital residence
following items of personal property:
a coffee pot
clock radio
a microwave
television
toaster
a table (belonging
to Respondent's grandmother)
in the house occupied
10. It is believed and therefore averred that Petitioner
has taken the foregoing simply to harass and annoy Respondent.
Petitioner does not have clean hands.
11. It is further averred that Petitioner had and has had
adequate transportation to remove and store large items of
marital personal property.
12. Petitioner, who had control of the parties' finances
prior to separation had in her possession by the end of 1993,
over four thousand ($4,000.00) dollars that the parties were
saving for a new vehicle. Defendant/Respondent discovered this
money was missing in the spring of 1994. Petitioner never
explained how in three to four months this money disappeared.
13. After the parties' vehicle was totaled, Defendant
discovered that Petitioner had drawn an additional $2,500.00
from a line of credit at Dauphin Deposit Trust Company.
14. It is believed and therefore averred that Petitioner
has gambled approximately $6,500.00 away with the last year.
Alternatively, Petitioner has this money in savings elsewhere.
15. Respondent requests that the proceeds from the
parties Ford Taurus be placed in an interest bering escrow
i, account to be distributed at the time the marital estate is
settled.
16. Respondent requests that petitioner be directed to
I payoff the line of credit at Dauphin Deposit Trust Co. as
. Respondent's credit rating will be irreparably harmed if
, Petitioner fails to pay this bill.
17. Respondent further requests that he be
exclusive use of the parties' marital residence
distribution of the parties' marital estate.
lB. Respondent also requests that Petitioner be required
to return the items in good working condition that she removed
from the marital residence on April 25, 1995.
granted
pending
\, ~J.{1JIM ~~?~.tOU~'lfJ
Barbara B. Townsend, Esq.
... '-~'
.,.........
PRODUClft PHONI \NO. no , .1')
DATI\lIMiODlYYI
3/20/95
UIIClLLAHIOUIIHfOAUATlOH 1811. a loc;aUon Cod.,
AUTOMOPl.LE LOSS NOTIce.
Dymond Inaurance
2012 L.W.E.
ChaIIlbersburg, Pol. 17201
717 - 263 - 9053
COMPANY
POLICY HUM8fR
CAT. .
I
I
COOl
I
. INSURED
I NAMI . ADDRUS
Debra J. Ott & Kevin D. ott
B5 Chestnut Grove Road
Shippenaburg, Pa. 17257
SUI COOl
Ins. Co. o( Decatur R 0623B92
,OlleY If', DATltMMlDDlYV) . flouey lXP. DATlIMWDOJYYJ DATlIMt.I1DDNY) Ii flY. all LO" ~y
I A...., YES
11/10/~L._._ __.ul0/~;!.__..._. ..... UlQL25 4-7.L.!" X NO
INIUfW)'S RUIDtH~ PIiONI we, No.)
717 - 532 - 9517
P!RION TO CONTACT
IN.untO" IUIINUI PHONE lAIC. no., ..1.)
Done
WHIAI! TO CONTACT
'LOSS
i LOCATION 0' ACC1DINT llr'dw:llllg tllV & .t.I'1
352-2898
WHlH
after 4100
CONTACT'. RUIOtHcl PHONI tAlC, no., CONTACT" aU'IMPS PHONI (NO, no., "1.1
.. ~.~.,__~"17 - 352 - ~p~~ _____.__._..__._...!!9.DL..,-,~_...
Debra ott
AUTHORITY CONTACTeD" RlPO"T NO.
YIOLAnOHIJClTATIONI
Ion Route 30 near Wal-Mart an Chamberaburg, Pa.
. DESCRIPTION 0' ACClalMT IU" f'VIf" .Id., II nK....,.,.1
IInsured's brother vas driving her vehiC:la. Brother VBI driving in trlll'!ic and rear-ended a car
land pushed that car into a third car in (ront o( thEID. Note 1 Kevin and Debra are eeparated.
'PleaSE ISSUE CHECK to both lnaured'lI and tba.xepllir.lIboplllLt.l1Ul-.I0Blb .--.--.----.-.. -
POLICY INFORMATION
I BDDIL Y INJURY PROPERTY DAMAG!! SINGLE LIMIT
:25,000/50,000 25,000
I' LOIS PAnE
none
INSURED VEHICLE
ffH,NO. YlAR,~AKe,UODEL
3 B7 Ford Taurus
. DWHtR" twAl .. ADORUa
none
nona
lWl. PAY
IOTCom.
, .OTHER COVUlAOI' OfDUCTllU1 (UU, no..faun IlMtng.ltc.1
,
.!~. ..LOdIQO~.. . .. 100 "'."-1 t,lWOIM 15,000/30,000
;:i'" ,. .~lI'flh";I'DIC. ID55 1,000/15,000
_.....--:r\0II~.j\.lIP.!1t!~".)'\... ''''J!''.I~.1t .... .!~. 1,5Q<l - ....
."'" ,... ."'....~;j:;")..~..,,. !V.I.N.(V~'~""~;rr,. PLATINO,
','fl'!"", I '_',,: ."
198634 .
not aiven
PHONIINC, no., .11.)
. _.. ,. ")'. 717-532-9517
.. I ;"1, -.. . AEIIDlHC! PHONI! (NC. no) BUIIHES. PHOHI! lAIC. no., 11lI.1
Debra J. & Kevin D. Ott
; oRIVlR'S HAUl" ADDRUS tChlCkl1 .am. II own"1
Silll1!' i\c;lqf'W' 1~"-~"
Jamie Alexander 43 Ton Mills Shippensburg, Pol. 17257
REunOH TO INSURED IEmpioy... Ilmlly, "c.) DATE OF BlATH iO~Vtft" UCEHII HUMIlR l'
brother ?
DESCRIBE DAMAGE ESTIMATE AYOUHT
front end and hood ·
; PRDPERTY DAMAGED
DESCRIBE PROPERTY III lulO. y'"' mlklt. model, pili' no.1
?
. WHERE CAN VEliICU Be IUH1
1717-532-8953
PURPO,a Of USE
?
WIt"" t
none
USED WITH PERYlaalON 7
? YES ? NO
OTHER INSURAN~ OH VI!HICU
'~~~~..~. ;-;..De~J:il ot;t
.-....1.' . .. ~., ';'.
OTHER VmtPROP, INS7 COWPANY OR AQtHCY HAUl!" POUCY NO.
nnnA
.. ,. ;.-,,',
unknOllll
OWNER'S HAM! .. ADDRUS
YES
NO
DUSINESS PHONE lAIC. no., III.)
RESIDENCE PHONE (AIC, no.1
unlmO\ill
OTHER DRIVER'. NAUE . ADDREaI IChKlll1 .Im. .. OWIInelJ
BUliIHU8 PHONE (AIC, no., ..I.)
RESIDENCE PHOH! INC. no)
unknO\ill
I DUCAIDI! DAMAGe
wilalO\ill
. INJURED
I
UTlMAn ANOUNT WHERE CAN DANAQE BE SEEN'
..-------.
NANE I ADDRESS PHONE lAIC. No I
PED. ~. 0:'':'' AOI! UTENT Of INJURY
none
WITNESSES OR PASSENGERS
NANE I ADDRESS
PHONE lAIC. No I
... O"'''l
~ ...
OTHER ISplICllyl
none
nrMARKS 1II\(:Iu.111 ..'ly.lI" lIu,ynUll1
A~dO Insurance 1.'rmt'$~UC'V I
N.!?!!"I",POR!ANT STATE INFORMA.TION ON REVERSE LIDE ".' t>
EXHIBIT
llEPORfEO DY
Debra Ott
. ;' 11191)
A
--- -~. _. .., '
1-800-348-0204
c.e:r~ AUTO GLASS
HAGERSTOWN - 301-739.6777
13130 Pennsylvania Ave., HagerelDwn, MD 21742
;
.
[
I
(.
L;-:2?-9.~
/tjfrj ~7:L.
{ ~ ~
,Z,q, 0 OO~ ~60
., .
; 'I~
MOBILE SERVICE. WE COME TO YOUI
FOR BRANCHES THROUGHOUT THE ENTIRE EASTERN UNITED STATES
. SEE BACK PANEL.
.'-j,
EXHIBIT .
. J f!J
;:::::;-",'
.
'.
_.
,.
FRANKLIN COUNTY DOMESTIC RELATIONS SECTION
INCOME AND EXPENSE STATEMENT
INCOME:
Employer NOAJ r:.
Employer's Address
Type of work
Filing status claimed for Federal payroll withholdinga
Number of exemptiona cla1med far Federal payroll withholdings
Gross pay per psy period $
Net pay per pay period $
MONTHLY
OTHER INCOME:
Interest
Dividends
Pension/Retirement
Annuity
Social Security
Rental Property
Royalties
Expense Account
Unemployment Compensatipn
Workman's Compensation
Tips
Other
HOUSEHOLD INCOME:
Names of all others in your household who have income.
NAME RELATIONSHIP
r'l"rt'9}f"99;n C;
EXPENSES: (\ "
MortgSg~
Electric
Hest
Telephone
Food
Clothing/Diapers
Other
YEARLY INCOME
---
J, _I It MONTHLY
f Sl1fi1fV\ Mo OE.
NoDE.
....
},JO Ll /:.
-:/- .:;f /;[0. ~O
-3> '-tJ /)80.00
~ ISO.oD
(a,So .OQ)
C IJO.DO")
t~~~~
EXHIBIT
J-L
-
-
".
.....
AUTOMOBILE:
Loan Payments
Insurance
Expenses (gas.oil.
repairs)
MONTHLY
}JaDe
4 ';O,()() .( IOqO~)
~o,oo ~fi
if 4.'J~VD
CHILD CARE/BABYSITTING:
EDUCATION:
Private School
Collage
).JOJJ(
AJotJ~
CREDIT CARDS AND LOANS: -If _
~t 7."',rrO
,I,
MISCELLANEOUS:
Memberships
Entertainment
Other Child Support JJOIJ E:
INSURANCE I NAME
Medical/Hospital
Health/Accident
Disability Income
Dantal
Other
PAGE 2
. J
TAXES:
MONTHLY
JJOJJ(
MEDICAL:
Doctor
Dentist
Orthondontist
Hospital
Medicine
Counseling
Special Needs
(glassB9,brac8s
atc.)
;/} ~D, (){)
:fI,1 j'. fX> !I5#!fl,a.::JnJv; Wr.~
IJOUb (IlIt.:W
raO,CO futI.Ja~ ~ 91Q$.\(;
t nta1:!)
'7DLfSr6IJ/ll8- f../D.W ti."(O,,U....
6!la.Vflq , gO.CO CL f\lc.t.../A.
f1I1DL<4,'{~.5 - ,y/p,cD a.,\l.o,till.
t'a.'(II1Q c.Jw.t ' /../0.00 a. 111M ~IU
'EO";"i"g{flIG.11) ~D,/}O a. ~'I.."!v
t:>II'crc - WD.OV a. ,1l0 ,..:-fA..
POLICYO hPERSONS COVERED1Dleasp check
usband.wife.chi a(ren)
_H _W _C
_H _W _C
_H _W _C
_H _W _C
_H ~W _C
I verify that the statement made in this Income and Expense Statement are true and
correct. I understand that false statements herein are made subject to the penalties
of 18 Pa C.S. Sec. 4 relating to unsworn falsification to authorities.
J.j-!J:;-Q5" u.IJ.~C\ rtr-t+-
DATE PLAINTIFF Oi~ANT
(If you are self employed or if you are salaried by a business of which you are owner in
whole or part. you must also fill out the Supplemental Income Statement. If thia is not
included please contact our office.
("lo/l~ QN O~
I!
I!
II
Ii
Ii
II
II
iI
'I
I,
!l
II
I
! Debra J. Ott
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
I
I
,
I'
I
I
I
I
i;
l
CUMBERLAND COUNTY BRANCH
.
.
Civil Action - law
Plaintiff
i
I
,
i
I
II
I!
i; Kevin D. Ott
Ii
I!
"
, /'
Ii 'I' JI~" {Of 1\, , the within Motion to Continue having
. been presented, considered and order filed, IT IS HEREBY
d ORDERED that the hearing on the Special Relief Petition and
i i rule returnable heretofore scheduled for May 1, 1995 at 11: 00
II A.M., for the above-captioned parties has been rescheduled to
Ii Thursday, May 11, 1995 at 3:00 P.M. in Court Room II,
II Cumberland County Courthouse, Carlisle, pennsylvania.
II
II
I'
II
,I
Ii
I'
II
Ii
II
.1
I'
I;
I,
II
II
II
; ~
j:
"
Ii
i
vs.
.
.
1995-1829 Civil Term
.
.
Defendant
.
.
In Divorce
a.v.m.
ORDER OF COURT
. I
By ,th~ c/tirt(
"~wA
J,' '1
__ ....'I.-.-.r;""....-.'iI<t>rc.. :-t....
. , . .'.,' . . ~. _-+.Jr. J..,........Q: '*,-- . "'''-..~-.--,
.' ., . - --_...".,-
. .
/in 9 I B [11'95
, (\Y
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND COUNTY BRANCH
Debra J. ott
Plaintiff
Civil Action - Law
1995-1B29 civil Term
vs.
Kevin D. ott
Defendant
In Divorce a.v.m.
ANSWER TO PBTITION
1. Admitted.
2. Admitted.
3. Denied in part. To the contrary, Plaintiff/Petitioner
Debra J. ott took a 19B7 Ford Taurus, which vehicle was titled
in joint names with Defendant/Respondent, Kevin D. Ott, with
her when she deserted the marital residence to move in with her
paramour, Greg Higgins, on January 17, 1995. On or about March
20, 1995, said vehicle was being operated by Jamie Alexander,
age unknown, when he rear ended another vehicle as the report
to the parties' insurance company reads, a copy of which is
attached hereto, marked Exhibit A and incorporated herein by
reference. While it is admitted that the insurance carrier is
willing to pay the fair market value of $2,547.50, it is
specifically denied that Respondent refused to sign the check.
Further, Petitioner failed to advise Respondent that the
vehicle was in an accident. Respondent did not discover that
the vehicle had been in an accident until he saw the vehicle
when petitioner was driving it. Respondent later discovered
that Petitioner had forged or caused someone else to forge
Respondent's name to the title of the vehicle. When Respondent
advised the insurance carrier that he had not agreed to
totaling the vehicle and had not signed the title, the
insurance carrier's adjuster informed the Respondent then that
they were stopping payment on the check. To date, no new check
has been issued.
4. Denied in part. To the contrary, Respondent owns a
19BO Chevy truck, with approximately 270,000 miles, which is
used for light duty, but it would not be suitable or safe for
daily use. Respondent also owns a 1985 Escort with
approximately 175,000 miles, which Respondent uses to commute
to work, estimate of value of the two vehicles are attached
hereto, marked Exhibit B and incorporated by reference.
5. Denied in part. Petitioner is driving a Ford Astro
van daily. Respondent believes and therefore avers that the
van has been purchassd for petitioner and her paramour and will
be titled to them after settlement of the parties marital
estate.
6. Denied in part. To the contrary, Petitioner is
driving a fairly new Ford Astro van on a daily basis. In
further answer, a copy of Petitioner's income and expense
sheet, marked Exhibit C is attached hereto and incorporated
herein. No rent expense for a vehicle is listed. No income
equivalent for being loaned a vehicle is listed.
7. It is respectfully requested that the relief suggested
be denied.
NEW MATTER
B. On or about April 25, 1995, at or about 2:00 p.m.
Respondent and Petitioner attended a support conference at the
Domestic Relations branch of the Court of Common Pleas of the
39th Judicial District, Franklin County Branch at 240 North
Second Street, Chambersburg, Franklin County, Pa.
Petitioner and her
and removed the
9. Immediately after said conference
paramour entered the marital residence
following items of personal property:
a coffee pot
clock radio
a microwave
television
toaster
a table (belonging to Respondent's grandmother)
The foregoing items have not reappeared in the house occupied
by Petitioner.
10. It is believed and therefore averred that Petitioner
has taken the for.egoing simply to harass and annoy Respondent.
Petitioner does not have clean hands.
11. It is further averred that Petitioner had and has had
adequate transportation to remove and store large items of
marital personal property.
12. Petitioner, who had control of the parties' finances
prior to separation had in her possession by the end of 1993,
over four thousand ($4,000.00) dollars that the parties were
saving for a new vehicle. Defendant/Respondent discovered this
money was missing in the spring of 1994. Petitioner never
explained how in three to four months this money disappeared.
!
I
i
,
i
i'
i
,
!
i
!
,
I
i
r
i
l
r
I.
ii
;.... ~
AUTOMOI:J~~ LOSS NOTIce'
Dymond Insurance
2012 L.W.E.
ChambBrsburg, Pa. 17201
PRODUCIR PHDNI (NO. no.. ..II
?17 - 263 - 9053
COMP'AHY
DATI\lIMiOD1YYJ
3/20/95
MllCI1.lAHEOU'IN'ORMATION ,SUI & lOUlIon Cod..
POUCY NUMIIR
CAT.'
lCODE
I
INSURED
; NAUE & ADORUS
Debra J. Ott & Kevin D. ott
85 Chestnut Grove Road
Shippensburg, Pa. 17257
SUI COOl
Ins. Co. o( Decatur R 0623B92
POLICY UP. OAT! IlrtlMlODIVV) POUCY UP. DATlIMMlDDlVVI OAT! IMMlDMY)' maIo, LO" ~y
I All. YES
11/1Q/~._._ _ 5/10/95 __...._ ._...3/1B/95 4-7 x P:~. x 00
INIUfWl'l IIESlDEHU PffilHllIo'C. ""
717 - 532 - 9517
PlRSON TO CONTACT
1H8URtD.. DUliNU' PHON! (Ne, no.. ..1.1
lIone
WHlRE TO CONTACT
Debra ott
352-2898
MWj
atter 4100
CONTACT" IUIlHEU ~ONI (NC. no.. ..1.)
CONTACT" ~DlNCI PHONE (NC. 1\0.)
LOSS
I LOCATION Of ACCIDENT IIWIldI"g chy I 1111')
!On Route 30 near Wal-Mart '" Chambersburg, Pa.
I DUClUPTION 0' ACCIDtHT IU" IIW,'M ald.. If nK"urrl
I Insured's brother was driving her vehiclll. Brother va. driving in trattic and rear-ended a car
and pushed that car into a third car in (rant o( them. Note I Kevin and Debra are Illlparated.
IPleaSE ISSUE CHECK to both in.sllred'll ami thar~~Bholl.QIl..tl1ia.loaa..~....__.._._..___.
POLICY INFDRMATION
i BOOILY INJUAY PAO'fATY DAlIAllI! IINOL! ..lilT M. 10. PAY '. ',OTC Dm: .", ':{OTHER cOVERAGe I DIOUcnDLII (\JU. no-fau" 1oWtng. 'Ie.)
,25,000/50,000 25,000 . ..~ ,,'Wty<'... ;. .. 100., :.._ r.JVQIK 15,000/30,000
'I' LOBs.m! . '~~.,#::. .....,"~~ftII!1".. G ,DIC. UlSS 1,000/15,000
.",... . 500 ~ 1500
I none -----'--"-r _ _. ..., _....
INSURED VEHICLE ,'." ,'.,I"t.. t~:11FtC:r~"1 :t';.tll';'JI!I.;:"il~.;10~'~:"'~
jVEH, NO, YlAR.MAKI.UOOEL '~"~:':'J.~',:~:~'''' IV.I....(V~~.l...,.' PLAnNQ.
3 B7 Ford Taurus 19863C not !liven
, OWNER" HAUE & AOORlSS PHON!!: INc. no., I.t.)
DObra J. & Kevin D. Ott 8~ .~ddrB88,""."hnvR . _" 'I,r 717-532-9517
~ORIV!A"H"'!"ADOR!I'IChtc:II"IIIM..ownefJ . I. "'1~ r,(':" '77. .~':r-,:' ':! ,. .~~, l' ,.tllDlNca PHOHE lAIC. no.) DU.INEUPHONI(AIC.no....t.)
'IJaDlie Alexander 43 TotIr Hills Shippensburg, Pa. 17257 1717-532-8953 IlOIlO
RELATION TO INSUR!:O (EmplO)'N. lamllj, fie.) OAT! Of IIRTH I OfUV(ft'. UClHJI NUII8&R I. . PURPO,I Oil USE USED WITH PERMI1810H 1
brother ? ? ?? YES ? NO
I OESCAIB! DAMAGE ESmlAU AMOUNT I WHERE CAN Vf.tUQ.I. . BUN' WHIH 1 OTHER INSURANCE ON VEHICLI
: ~~~~~R::~A:~~E~ood I . .~~J~.~, ~,pebra ot~ nOltA_
DfSCRlI! PROPU\TY tll.ulo. ~.It. m...., mud", pI.l. no I OTHER VIHIPROP.INS't COMPANY OR AOlHCY NAYE I POUCY NO.
.-.................-...
:Ill,. - 352 - ~_
.. .-1!9.1le
AUTHORJTY CONTACTID .. RUORT NO.
VIOLATIONIICITATION.
none
none
un1cnOllll
OWNfft.S NAME I ADDRESS
yES
,NO
BUSIH!l8 PHOH! INC. no., '.11
RlSlDEHCE PHONI! INC. no.)
unknown
OTHER DRIVER" NAU!' ADDRESS IChKlIll ..m. II owntN)
unknown
DESCRIBE DAMAGE
BUISINUI PHONE lAIC. no., ..t.)
RUID(HC! PHON! INC, no)
ESTIMATE AMOUNT WHERE CAN DAIIAGE BE SEEN't
.-----.
unlmown
, INJURED
I
,
I
: none
I
._~ 4......_ _._..._..______.._____.__.._....__.. .~__>_...~__
NAME I ADORES.
PHON! lAIC, No I
PED. ::.-. o:i:' AD!
UUNT 0' INJURY
WITNESSES OR PASSENGERS
,
NAME I ADORES'
PHONE (NC. No.1
... 0''''
... ...
OTHER ISpealr)
none
nEMAn",8 Ilno:tUlJ. .II,UIIII "''*'oI"ud)
Rf.POnffD BY
Debra Ott
ACORD 2 (1191)
"EPOA"O TO IB'QrA~4itt.t'. '1JODUC'''~
Dymond Insurance V l,fH V
NDTE: IMPORTANT STATE INFORMATIDN ON REVERSE IDE .. Cl
......- ..., ... P. ., __
EXHIBIT
A
- - --. "-.
1-800-348-0204
"0~ AUTO GLASS
HAGERSTOWN - 301-739.6777
13136 Pennsylvania Ave" HageralDwn, MD 21742
. t.;-:2?-9-~
, Ittf!J (~-d..
~~
.2J, l/. 0 OO~ 7<'61':>
'f' ~,.'.
1 ,."io( '.\ ,~','
'\to\' .
'~;'\ ~ I, t.i<t "
I",
. ,\
",\ '.
.
"
'..
'...
MOBILE SERVICE. WE COME TO YOUI
~OR BRANCHES THROUGHOUT THE ENTIRE EASTERN UN/TEO STATES
. SEE BACK PANEL.
EXHIBIT
I ----1L-
,
AUTOMOBILE:
Loan Payments
Insurance
Expenses (gas,oil,
repairs)
MONTHLY
)JO Ilt
{"'O,{)(J '( IOq,D~)
~O,()D 9!i.
if 4~~VO
CHILD CARE/~ABYSITTING:
EDUCATION:
Private School
College
JjOJiJ('
AJOtJf:
CREDIT CARDS AND LOANS: -Ii _
~t 7",fYO
" ,'.'
',-'
MISCELLANEOUS:
Memberships
Entertainment
Other Child Support AJOIJ r;
INSURANCE: NAME
Medical/Hospital
Health/ Accident
Disability Income
Dental
Other
PAGE 2
, J
TAXES:
MONTHLY
}JolJ(
MEDICAL:
Doctor
Dentist
Orthondont1st
Hospital
Medicine
Counseling
Special Needa
(glasses, bracee
ate.)
:I} ~O, ()()
:tI~ j-, fX) &-Mfla.::/iiJI(.; Jw.;
VOV~ (.nlt,U)
rfJD,cD ~0Il.Ja~ f 9/~\C;
t.n~)
1DLfSt (, 1l/ILtY /.fD. fi; 6.".0,. U....
6Jto..Vf1q ~ e".()c) lL .....Ll...~1\..
R/l0...all{~5 - "If!).()U a,ltcJ/t{h.
t'o...("lqIJ4. AlO.OO Cl./llO,L-/'/U
3tJ,,;,'''''g{ntG.iJ) ~O.{)c) (t ftlClLIJu
f.>"''J-C - WD,CtJ a rl\DI";-M...
POLICYU hPERSONS COVERED Rleaa~ check
usband,wife,chilulren)
H W C
-- -
H W C
- --
H W C
- --
H W C
---
_H ----.:,W _C
I verify that the statement made in this Income and Expanse Statement are true and
correct. I understand that false atatements herein are made subject to the penalties
of IB Pa C.S. Sec. 4 relating to unsworn falsification to authorities.
J./ -!):; - Q ~ :l& J.wL (\ attt
DATE PLAINTIFF Oi~FENDANT
(If you are self employed or if you sre salaried by a busineas of which you are owner in
whole or part, you must also fill out the Supplemental Income Statement. If thia ia not
included please contact our office.
/"l"'jl.6 ..~ O~
APR
18 1995
/:t./
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
PENNSYLVANIA - CUMBERLAND COUNTY BRANCH
Debra J. Oll,
Plaintiff
. Civil Action - Law
.
.
v.
. 1995-1829 Civil Term
.
.
Kevin D. Oll,
Defendant
.
.
. In Divorce a.v.m,
ORDER OF COURT
AND NOW THIS ~ oU, day of (! n~< Q , 1995, upon presentation and
consideration of the within Petition for SPatial Relief, a Rule was Issued upon
Defendant, Kevin D. Oll, to show cause, If he has any, as to why the relief requested
should not be granted. Rule returnable at a hearing to be held on the ~ day of
\....\1~), , 1995 at 1I,Illl ,Q",.m In courtroom number 11 ,of the Franklin
County Courthouse, Chambersburg, Pennsylvania,
Service to be made upon the Defendant by certified mall, restricted delivery, or
Acceptance of Service by the Defendant or his legal coUn!l_~I,//
',','
By the Cou ,/ /
,
J
'\
~ 'U
\ ,\C;,~. \....\IJ.\lJ
\ )lJ \ .' I
~ "\. \
\.uP'
\..I,L
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
PENNSYLVANIA - CUMBERLAND COUNTY BRANCH
Debra J. Oil,
Plaintiff
. Civil Action. Law
.
.
v.
. 1995-1829 Civil Term
.
.
Kevin D. Oil,
Defendant
.
.
. In Divorce a,v,m.
PETITION FOR SPECIAL RELIEF
AND NOW COMES the Petitioner, Debra 011, by and through her counsel of
record, James K. Reed, Esquire, who petitions the court for special relief as follows:
1. Your Petitioner is the above named Plaintiff, an adult individual currently
residing at 363 Valley Drive, Fayellevllle, Franklin County, Pennsylvania.
2. The Respondent Is the above named Defendant, Kevin D. 011, currently
residing at 85 Chestnut Grove Road, Shippensburg, Cumberland County, Pennsylvania.
3. Petitioner, Debra J. 011, has no transportation available to her due to the
fact that your Petitioner was Involved in an automobile accident and her vehicle was
totaled, Petitioner's insurance company has offered to pay for said vehicle and has
tendered a check to Petitioner, but Respondent will not sign said check without
receiving 1/2 of the proceeds. .
4. Respondent is in possession of at least two motor vehicles that he may
use for his own transportation.
5. Petitioner has no vehicle of her own at the present time and has custody,
without court order, of the parties children.
6. Petitioner requires emergency relief because she has no transportation
available, and make rely on friends and family for transportation.
7. Petitioner requests an order of court directing the Respondent to sign the
insurance proceeds check and allow all funds to be distributed to Petitioner or, in the
alternative, order Respondent to provide a motor vehicle to Petitioner.
WHEREFORE, your Petitioner, Debra J. Ott, respectfully requests that this
Honorable Court enter an order In the above matter granting either the possession of a
motor vehicle or all proceeds from an Insurance check compensating Petitioner for 1055
of her vehicle,
Respectfully Submitted,
ames K. Reed, Esquire
1035 Wayne Ave.
Chambersburg, PA 17201
(717) 264-1110