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HomeMy WebLinkAbout95-05218 . <c. .:c-' .:<<. .:<<. .:+:. .:.;. .:c. .:c.' .:c. ':c. '.' .:+:. .:+:. .:+:. .:c. .:+:. -:.:. .:+;. .:+:. .:.:.-:.--.:c-::.:e.::-:C--:':C-..':'>: .:.:.- ':Co,'3IC<:"~ 8'- ---,-~~-~-------~-.,-----, II ~ 8 lil~ IN THE COURT OF COMMON PLEAS ~ . 8 ~ OF CUMBERLAND COUNTY ~ M , . * ' ~ g ~ STATE OF ~"~'. ,,~r PENNA. ~ ~ 8 ~ DONNA A. DENNIS, 8 ~ Plaintiff No. 5218 ?~V.,I.~u. 1995 8 8 8 8 8 g ~ (~ ~ ij ~ ~ ~ :; ~ ~ ~ ~ 8 Vt'I'.-iIl:'; ,'i ~ WILLIAM D. DENNIS, ,;; ~ ,;, " Defendant $ 8 DECREE IN DIVORCE AND NOW, ..~~,.,~......,. 19Q1., it is ordered and DONNA A. DENNIS decreed that ,.,..,...,.,.,',.,.,',.,..,...,........"........, plaintiff, WILLIAM D. DENNIS and. .. . . .. . . , . . . , , . .. . .. , . . .. . , . . , , , , . , , . . , , . . . , . . . . , , . . . . ... defendant. are divorced from the bonds of matrimony. ,;; ~ ,;, " ~ ;.; 8 ~ ~ ~ .' s ~ ~ ~ $ 8 ~ 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; U O~ THE PARTIES PROPERTY SETTLEMENT AGREEMENT DATED NOVEMBER 28, 1997 .......,.. .... ............".... ...... .......... .,.. " ... ... .'0..' ...,..... IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT. ,. .... .... . . .... " .... ......, ... ... ... ... ... ... .... ,.,......... ......... /) ~/ I / . / fiy he, C. ~I~. . AlIe.l: ~ ..e~t'.. ,A.,-7.0...~ . /l' ..... '7 //1. -/ :> 7<.::<':1. 1(,'<' ? ~t..-- ~4 Y -,' / Prolhonotnry ~ ~ ~ ~ 8 ~ t>-:-*,--:,,,;;:-:;;:-:-*. ... -:.:. -i:~ .:.:.'::~. '::.:: ':~:.' .:.;: -:.;.' .:.:..:.;. .:.;, .:.;. .:.;. .:.:. ~ ,~ ,;, ~ ,;; " $ ., ., .;, ~ ~ .', * ~ .~ J. ~ '.' :i: '.' ~ Q , ~ .:+:. .:.:. .:.:. .:+:. .:.:. .:+;. .:+:. .:.:. .:+:. .:+:. $ h'/~tf d~ (~,. ,(>I,;~ ;r. ~af (.!ih~ I/I/y~ /~...t~ p,,~ z;- ~ ..4?~ ,.. , .~ I DONNA A. DENNIS Pia Inti" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW v, WILLIAM V. DENNIS Defendant DIVORCE 95.5218 PROPERTY SE1TLEMENT AGREEMENT This Agreement Is hereby made and entered Into this 2 r* day of November 1997, by and between Donna A. Dennis, "Wife," and WIlliam D. Dennis, hereinafter "Husband." WITNESSETH: Whereas, the Parties hereto are husband and wife, having married and as a result of the union have one child born of the marriage, to-wit, Matthew D. Dennis born January 8,1985 and one adopted child, to-wit, Mark D Dennis, born December 5, 1981. Whereas, marital differences and difficulties have arisen between the Parties, and Whereas, Parties have separated physically and Intend to continue to live apart and desire to forever completely settle, determine and provide for the support of Wife, separation of their marital and nonmarital, real ar.d personal, belongings to either and/or both of the parties hereto and all other rights, entitlements, benelits, and privileges Involved between the parties hereto arising directly or Indlrec.1ly out of the marriage relationship, and DAD 'J4 1) WDD ~ . . . Whereaa, Parties have had adequate time and opportunity to consult with separate legal counsel of their own, and Whereas, both Parties acknowledge that they are satisfied with the legal advice they have received and understand the full Importance of the Agreement they are entering Into; Now, Therefore, the parties, In consideration of the foregoing premises, and the mutual promises and undertakings hereinafter set forth, agree as follows: 1. RIGHT TO LIVE SEPARATE It shall be lawful for Husband and Wife at all times hereinafter to live separate and apart from each other and to reside from time to time at such place or places as he and she shall respectively deem fit, free from any control, restraint or Interference, direct or Indirect, by each other. The foregoing provisions shall not be taken to be any admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 2. FREEDOM FROM INTERFERENCE Each party shall be free from interference, authority and contact by the other as If he or she were single and unmarried except as necessary to carry out provisions of this Agreement. Neither party shall harass the other or attempt to endeavor to harass the other, nor compel the other to cohabit with the other, or In any way malign the other, nor In any way Interfere with the peaceful existence, separate and apart from the other. DAD ])I. J> WDD lJJt:::J PagE. 2 of 18 3. CUSTODY A custody order has been entered by Judge J. Wesly Oler, Jr, on January 21, 1997 which sets forth the parties respected rights to custody. A true and correct copy of the custody order has been attached hereto as Exhibit A. 4. DISTRIBUTION OF REAL PROPERTY During the course of this marriage, the parties purchased a marital rosldence located at 305 Hogestown Road, Mechanlcsburg, Pennsylvania. The parties have agreed equally divide said martial residence. Husband shall execute a mortgage and note In favor of Wife which shall represent Wife's Interest In the martial residence. A true and correct copy of the mortgage and note are attached hereto as Exhibit B and Exhibit C respectively. 5. DISTRIBUTION OF VEHICLES a. Subject to the alimony provision,> provide herein Wife shall assume all payments, Including all loan, Insurance and repair bills connected with her vehicle, a 1997, Dodge Stratus. b. Husband shall assume all payments, Including all loan, Insurance and repair bills connected with his vehicle, a 1973, International Pickup. 6. CONTENTS OF THE MARITAL RESIDENCE As of the date of the execution of this Agreement, the parties shall transfer and assign their rights, title, claim and Interest In specific property. Wife shall have as her own, free and clear of any claims of Husband, all of the Items, household goods, DAD D4 j) WDD~ Page 3 of 18 4a, RE:SPONSIBILlTV OF MORTGAGE ON MARITAL RESIDENCE Husband agrees that he shall be solely responsible for any lInd all payments due In connection with the martial residence, Including all mortgages presently filed against the subject property. Husband agrees to hold Wife harmless against any and all cia 1mB made by any mortgage holder and further agrees to Indemnify Wife against any cllllm made by the some, (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) DAD WDD Nu (.AoQO Page 3a of 18 furniture, furnishings, appurtenances, and appliances which are In her possession. Husband shall have as his own, free and clear of any claims of Wife, all of the items, household goods, furniture, furnishings, appurtenances, and appliances which are In his possession. 7. ~RITAL ASSETS - PERSONAL It Is further agreed that both Husband and Wife shall retain as his or her own any and all personal effects, clothing, and personal jewelry. The parties further agree that any personal property not assigned In this Agreement as marital or nonmarital property will be deemed the property of the physical possessor of said property. 8. JOINT ACCOUNTS The parties shall stop using all joint charge accounts and credit card accounts. The parties further specifically agree that any bank, savings, cash and checking accounts not set forth herein shall become the sole property of party named on the account. 9. MARITAL LIABILITIES Unless otherwise set forth herein, Wife assumes full responsibility for any Indebtedness which she has contracted or Incurred In her name, alone or jointly, after the date of separation. Unless otherwise set forth herein, Wife represents and warrants to Husband that, since the filing of the divorce action, she has not contracted or Incurred 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 OAO~ WOO ~ Page 4 of 18 against him or his Estate by reason of debts or obligations Incurred by Wife and/or assumed herein. Unless otherwise set forth herein, Husband assumes full responsibility for any Indebtedness which he has contracted or Incurred In his name, alone or jointly, after the date of the execution of this Agreement. Unless otherwise set forth herein, Husband represents and warrants to Wife that, since the filing of the divorce action, he has not contracted or Incurred any debt or liability, for which Wife or her Estate might be responsible, and shall Indemnify and save Husband harmless from any and all claims or demands made against her or her Estate by reason of debts or obligations Incurred by Husband and/or assumed herein. The martial debt shall be distributed as set forth In Exhibit D. 10, OTHER MARITAL ASSETS The Parties hereto agree that based on the provisions of this Agreement, Husband shall pay to Wife the sum of $26,356.22. The parties hereto agree that said amount shall fully and sufficiently provide for Wife's needs based on an equitable distribution of the martial assets and debts. The payment of said $26,356.22 shall be made as set forth below: a. Husband shall be given a credit of $13,822.63 towards the balance due which represents Wife's mortgage Interest In the martial residence; DAD 7)A b WOO Wl{) Page 5 of 18 12. MUTUAL RELEASE Subject to the provisions of this Agreement, each party waives his or her right to alimony any further distribution of property Inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property In accordance with Pennsylvania's Divorce Code. 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, administrators and assigns, release and discharge the other of and from all caused of action, claims, rights or demands whatsoever In law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for divorce and except any or all caused of action for any breach of any provision of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Pennsylvania's Divorce Code. 13. ALIMONY Husband and Wife agree that Husband shali pay the sum of two hundred and eight do liars and fifty-eight cents ($208.58) bl-weekly payable directly to Wife effective on the date of the Divorce Decree divorcing the parties from the bonds of matrimony and to continue until terminated by any of the events set forth below. Further, as additional payment of alimony, Husband shali pay the amount of $129.00 bl-weekly as to the obligation of Wife's automobile and the sum of $45.00 per month as to the obligation of Wife's automobile Insurance. DAD .]1-0 WOO ~ Page 7 of 18 Upon the occurrence of any event which would terminate the payment obligations referring to Wife's automobile or the Insurance of Wife's automobile, Husband shall, upon receiving notification from Wife, add the amounts previously paid as to the automobile and automobile insurance directly to Wife adding the amounts to the bl-weekly payment of alimony as aforestated. Upon the occurrence of any event which would Increase or decrease the payment obligations referring to Wife's automobile or the Insurance of Wife's automobile, Husband shall, upon receiving notification from Wife, add or reduce the amounts previously paid as to the automobile and automobile Insurance directly to Wife adding the amounts to the bl-weekly payment of alimony as aforestated. The spousal support obligation of the Husband shall terminate Immediately upon entry of the Divorce Decree by the Court. The Alimony Agreement and proposed Order of Court are attached hereto, made a part hereof and marked Exhibit E, which shall be a part of this Agreement, Incorporated herein by reference thereto, The obligation of the Husband to pay alimony shalltarminate upon the happening of any of the following events: 1. The Wife's remarriage or cohabitation with a person of the opposite sex who is not a member of family and within the degrees of consanguinity; 2. The death of the Wife, or 3. The death of the Husband. DAD D4-rJ WOO t,..lCl) Page 8 of 18 Cohabitation shall be defined as the act of living together with a person of the opposite sex where the parties living together are sharing household expenses. 14. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES Both parties hereby acknowledge and accept that the provisions of this Agreement providing for the equitable distribution of marital property are fair, adequate and satisfactory to them. Both parties agree to accept the provisions of this Agreement In lieu of and In full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees any expenses during F.lnd after the commencement of any divorce proceeding between the parties. 15. . INCOME TAX RETURNS Husband and Wife agree to file individual tax returns for each year beginning In 1997 and thereafter. 16. DEPENDENT DEDUCTIONS Husband shall, In all years he Is legally able to do so, have the right to claim Matthew D. Dennis and Mark D. Dennis on his tax returns. 17. WAIVER OF CLAIMS AGAINST ESTATES 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 110W have or hereafter acquire, under the present or future laws of any jurisdiction, to share In the property or the estate of the other as a result of the martial relationship, Including, without limitation, dower, curtsey, statutory allowance, widoW's DAD --Rtg WDD Page 9 of 18 allowance, right to take Intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the 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 and both parties will revoke prior wills or testamentary documents. 18. AGREEMENT NOT PREDICATED ON DIVORCE It Is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement Is not predicated upon nor made subject to any agreement for Institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained In this Agreement shall prevent or preclude either of the parties hereto from commencing, Instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be Instituted by the other party, or from making any just or proper defense thereto. 19. SUBSEQUENT DIVORCE There has been a divorce proceeding commenced by Wife against Husband on September 29, 1995, in Cumberland County to No. 5218 Civil Term 1995. The parties hereby mutually consent to a divorce and the entering of a divorce decree on the no-fault grounds that their marriage Is Irretrievably broken pursuant to ~3301 (c) of the DAD~ WOO L-\..().() Page 10 of 18 Pennsylvania Divorce Code. Parties herein shall execute Affidavits of Consent and a final decree In divorce will then be obtained. 20. BREACH AND ENFORCEMENT If either party hereto breaches any of the prov:slons of this Agreement, the other party shall have the right to bring any actions or actions In law or equity for such breach, and the breaching party shall be responsible for the payment of all costs and reasonable legal fees Incurred by the other party In enforcing his or her rights under this Agreement. It Is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either party in Equity, and the parties hereto agree that If an action to enforce this Agreement Is brought In Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there Is an adequate remedy at law. The parties do not Intend or purport hereby to Improperly confer jurisdiction on a Court In Equity by this Agreement, but they agree as provided herein for the forum of equity In mutual recognition of the present state of the law, and In recognition of the general jurisdiction of Courts In Equity over agreements such as this one. 21. RE-ACKNOWLEDGMENT Each party acknowledges that It may be appropriate and required that this Agreement be re-acknowledged at some time in the future before the Clerk of the Commonwealth Court, Clerk of Orphans Court or some other Court, and each party agrees that they will re-acknowledge their signature before the Clerk of such Court upon DAD WDD ]>&'/ Page 11 of 18 request of the other party so that this Agreement may comply with the acknowledgment (ules and provisions of any such Court. 22. ADDITIONAL INSTRUMENTS Each of the parties hereto agrees that he or she will join In the execution, acknowledgment and delivery of any document, with the exception of the deed to the martial residence without first paying all sums due Wife pursuant to the attached Note and Mortgage, which may be reasonably necessary to carry out the Intent of this Agreement, and, In the event either of the parties hereto would not join In the execution, acknowledgment and delivery of such Instrument, then such party does hereby Irrevocably appoint the other party hereto as his or her Attorney-In-Fact to execute, acknowledge and deliver such Instrument hereby ratifying all that such other party hereto may do by virtue hereof with a copy of this Agreement to be a sufficient Power of Attorney to carry out the Intent and purpose of this paragraph. Nothing contained In this section shall affect the right of one party to expressly Include or exclude, as the case may be, the other party as beneficiary In any will, Insurance polley or other document whether the same Is presently In effect or would become effective In the future. 23. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective legal representatives, and 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 DAD ~ WOO Page120f1B 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 their respective counsel. 24. ENTIRE AGREEMENT this Agreement contains the entire understanding of the parties and there are not representations, warranties, covenants or undertakings other than those expressly set forth herein. 25. DISCLOSURE Each of the parties hereto acknowledges that there has been full disclosure of all relevant matters of each party to the other party, that each of the parties Is fully cognizant of his and her legal rights and liabilities with respect to the terms and conditions of this Agreement, that he and she understand the legal effect of this provisions of this Agreement and acknowledge that this Agreement Is fair and equitable to each of the parties hereto, and that this Agreement was entered Into voluntarily and without any undue Influence or duress upon either party hereto. 26. FUTURE DISPOSAL OF PROPERTY 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 other as a result of the martial relationship, Including, without limitation, dower, curtesy, statutory allowance, widoW's allowance, right to take Intestacy, right to take against the will of the other, and right to DAD~ WOO VvOt> Page 13 of 18 act as administrator or executor of the othor's estate. Each will, at the request of the 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 and both parties will revoke prior wills or testamentary documents. 27. MODIFICATION AND WAIVER This Agreement shall constitute a full, complete, and total binding Agreement between the parties concerning support, maintenance, alimony and property settlement, and Is precluded from modification EXCEPT if the parties specifically agree to modify this Agreement. Any and all modifications to this Agreement shall only be by written agreement containing the same formalities as this Agreement and shall exhibit the notarized signatures of both parties, along with two witnesses. The parties specifically agree that they may rescind this Agreement only by written agreement containing the same formalities as this Agreement which shall exhibit the notarized signatures of both parties, along with two witnesses. Any waiver of a breach of any provision of this Agreement shall not constitute an ongoing waiver, DAD ]~V WDO VvO,O Page 14 of 18 33. VOID CLAUSES 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. 34. AGREEMENT BINDING ON HEIRS This Agreement shall Inure to the benefit of and shall be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns. 35. EFFECTIVE DATE This Agreement shall be considered to be effective at 12:01 a.m. on the date set forth on page one of this Agreement. Z srrl<l- In Testimony Whereof, witness the signature of the parties hereto this day of /Vd'7/~* ,1997. ~/~, ~~/}~ Witness ~t~.~:~nl~' v~ Q~@~,", Witness w~~~ William D. Dennis Page 16 of 18 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 55. On this, the ;:l<i:, day of .1'UwvltLuJ, , 1997, before me, a Notary Public, personally appeared Donna A. Dennis and In due form of law acknowledged the foregoing Stipulated Custody/Support Agreement and Equitable Distribution to be her act and deed, and desired that the same might be recorded as such. Sworn to and s4Pl!crlbed be~ me this ..itLL day of ..IUJVllJJh, 1997. Nalarlal Suol Jannlla, S Coloman. Nolary Public C",II"lo Ooro CUJnhorland counl~ u " '. .)( q Mv CommissIon El(ptle~ Nov ...J I 9 tj4.."1:\"~ P,'!1:1<;'/h'.ll'h f\<;<:11P.l'Il-,lj !ll Nn'.\Ij,'<; Page 17 of 18 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 55. On this, the at-( day of 4?t',,, h( r ,1997, before me, a Notary Public, personaliyappeared William D. Dennis and In due form of law acknowledged the foregoing Stipulated Custody/Support Agreement and Equitable Distribution to be his act and deed, and desired that the same might be recorded as such. NOTARIAL SEAL RllGElI C, SPITZ. NOTARY PUBLIC ~l~So~:~~~~~~~~:E~~~~C~99:A Sworn to and subscribed before me this ..t.=t- day of ;l?",-t,of ~ ,/, ,1997. ~~' Notary P c Page 18 of 18 WILLII\M D. DENNIS, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . vs. . NO. 96-6733 CIVIL TERM . . . DONNA A. DENNIS, . CIVIL ACTION - LAW . Defendant CUSTODY/VISITATION OODm OF COORT AND OCW, this Ol. / ..d; day of upon consideration of the attached Custody ordered and directed as follows: co~ , Report, 1997, it is 1. The Mother, Donna A. Dennis, and the Father, William D. Dennis, shall have shared legal custody of Mark D. Dennis, born December 5, 1981, and Matthew D. Dennis, born January 8, 1985. 2. The Father shall have primary physical custody of the Children. 3. 'rhe Mother shall have primary physical custody of the Children on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. and on every Thursday evening from 6:00 p.m. until 9:00 p.m., unless the Mother determines that the period of weekday custody would adversely affect the Children's preparation for school. The Mother shall also have partial custody of the Children at such other times as arranged by mutual agreement of the parties. A. In the event the Mother misses a period of weeknight custody due to the Children's school obligations or extra-curricular activities, the Mother shall be entitled to schedule a substitute period of weeknight custody, the times for which shall be arranged by agreement of the parties. B. In the event the Mother is unable to exercise her right to a period of weekend custody with the Children, the Mother shall be entitled to schedule a substitute period of weeknight custody, the times for Which shall be arranged by mutual agreement of the parties. 4. The Father shall provide the Mother with a written schedule of all the Children's extracurricular activities at least two weeks prior to the events. In the case of team sports, the Father shall provide the Mother with a schedule of all games as soon as he becomes aware of the schedule. The Mother shall be entitled to transport the Children to one-half of these scheduled events. 5. In the event the Children are involved in any tournament, playoff or championship games in any sport or activity, the Father shall notify the Mother within two days after becoming aware of the scheduling of th0ge events, and, if the tournaments, playoff or championship games fall on days when the Mother does not have custody, the Mother shall have the right of fir9t refusal to transport the Children to these activities. 6. The parties shall share or. alternate custody of the Children on holidays as follows: A. In even numbered years, the Mother shall have custody of the Children from 8:00 a.m. until 7:00 p.m. on Memorial Day, Martin Luther King Day, Veterans Dey and Labor Day: from 4:00 p.m. on Thanksgiving Day until 4:00 p.m. on the day after Thanksgiving: on Easter Sunday from 8:00 a.m. until 7:00 p.m.: and, on the Children's birthdays from 8:00 a.m. until 7:00 p.m. if the day falls on a weekend and from 4:00 p.m. until 8:00 p.m. if the day falls on a weekday. B. In odd numbered years, the Mother shall have custody of the Children from 8:00 a.m. until 7:00 p.m. on Presidents Day, Columbus Day and July 4th: on Thanksgiving from 4:00 p.m. the day before Thanksgiving until 4:00 p.m. on Thanksgiving Day: and, over the Christmas holiday from 5:00 p.m. on December 23rd until 5:00 p.m. on Janusry 2nd. C. In every year, the Mother shall have custody of the Children on Mother's Day from 9:00 a.m. until 5:00 p.m. D. In even numbered years, the Father shall have custody of the Children from 8:00 a.m. until 7:00 p.m. on Presidents Day, Columbus Day and July 4th: on Thanksgiving from 4:00 p.m. the day before Thanksgiving until 4:00 p.m. on Thanksgiving Day: and, over the Christmas holiday from 5:00 p.m. on December 23rd until 5:00 p.m. on January 2nd. E. In odd numbered years, the Father shall have custody of the Children from 8:00 a.m. until 7:00 p.m. on Memorial Day, Martin Luther l\in9 Day, Veterans Day and Labor Day: on Thanksgiving from 4:00 p.m. on Thanksgiving Day until 4:00 p.m. on the day after Thanksgiving: on Easter Sunday from 8:00 a.m. until 7:00 p.m.: and on the Children's birthdays from 8:00 a.m. until 7:00 p.m. if the day falls on a weekend and from 4:00 p.m. until 8:00 p.m. if the day falls on a a weekday. F. In every year, the Father shall have custody of the Children on Father's Day from 9:00 a.m. until 5:00 p.m. G. In the event a Monday holiday under this provision falls immediately following the Mother's regUlarly scheduled weekend period of custody, the Mother shall be entitled to retain custody of the Children without interruption through the holiday. 7. The holiday custody schedule shall supersede the regular custody schedule. 8. The Father may transport the Children to South Caroliru.t to visit their paternal grandmother over the Christmas holiday in years when the Father is scheduled to have custody. The Father shall provide the Mother with 45 days advance notice of his intention to tl':ansport the Children to South Carolina for Christmas. In the event the Father stays overnight at any place other than the Children's paternal grandmother's home in the course of the trip to South Carolina, the Father shall inform the Mother of the accomodations as soon as the Father realizes an overnight stay is required. The Father shall contact (or insure that the Children contact) the Mother by telephone within 30 minutes after arriving at the lodging destination unless otherwise agreed previously by the parties. The Father shall contact (or insure that the Children contact) the Mother by telephone within 30 minutes of arrival at the paternal grandmother's home unless the parties previously agreed otherwise. The Father sbnll contact (or insure that the Children contact) the Mother by telephone upon departure for their return to Pennsylvania from the paternal grandmother's home. The Father shall abide by all requirements of this provision during the return trip to Pennsylvania. 9. The Mother shall have custody of the Children up to 4 non-consecutive weeks during the summer school break beginning on Friday at 4:00 p.m. and ending on the fOllowing Saturday at 8:00 p.m., upon prOViding 45 days advance notice to the Father. After provision of this notice, the Father shall not schedule any extra-curricular activities for the Children which would conflict with the Mother's right to custody under this provision. 10. Except as provided in paragraph 7 of this Order, neither party shall remove the Children from the Commonwealth of Pennsylvania without prior consent from the other party. 11. The parties shall keep each other advised illlllediately in the event of illness or medical emergency concerning the Children and shall further take any necessary steps to insure that the health and well being of the Children are being protected. During such illness or medical emergency, both parties shall have the right to visit the Children as often as he or she desires consistent with the proper medical care of the Children. 12. Neither party shall do anything which may estrange the Children from the other party, injure the opinion of the Children to the other party or hamper the free and natural developoont of the Children's love or affection for the other party. 13. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order only by written mutual consent. In the absence of written mutual consent, the terms of this OrOer shall control. BY THE COURT, /s/ $. )Ar.~p.;} tOAAJ, r J. cc: David A. Baric, Esquire - Counsel for Mother Peter J. Russo, Esquire - Counsel for Father TR1JE COpy ROM RECORD In Tc~t:m~ny \"h'r(of, I hnre unto set my hand and tha seal of said Court at Carlisle, Pa. This .~.1"~,, day OL,,~..:...,. 19..12 _.........~.~J~~~,. . WILLIAM D. DENNIS, . IN THE: COURT OF Cll'lMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : vs. . NO. 96-6733 CIVIL TERM . : OONNA A. DENNIS, . CIVIL ACTION - LAW . Defendant . CUSTODY/VISITATIOO . PRI~ JllDGB: Edgar B. Bayley eu,,'.LUJt CCNCIr.IM'ICN Sl:HlARY REPCRl' IN llCCXIUlANCE WlTB cnmBRLANo aul.tY RIlLE Cf! crvn. ~ OQ "lR8 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: ~ Mark O. Dennis Matthew O. Dennis IlM'E OF BIR1'IJ aJRRmrLY IN eu,,'.LUJt Cf! December 5, 1981 January 8, 1985 Plaintiff/Father Plaintiff/Father 2. A COnciliation COnference was held in this matter on January 14, 1997, with the following individuals in attendance: The Father, William D. Dennis, with his counsel, Peter J. Russo, Esquire, and the Mother, Donna A. DeMis, with her counsel David A.Baric, Esquire. JILnll/7 I';j Date 3. The parties agreed to entry of an Order in the form as attached. Da~"s~~t~iend Custody COnciliator 17, /'197 i INDENTURE OF MORTGAGE THIS INDENTURE made the~day of ~~(hJ4. ,1997, between WILLIAM D. DENNIS of 305 Hogestown Road, Mechanlcsbu~_~ennsylvanla, 17055, hereinafter called ("Mortgagor") and of DONNA A. DENNIS, oft1Q?3 Carlisle Pike, Lot #69carllsle, Pennsylvania, 17013, hereinafter called ("Mortgagee"). WHEREAS, Mortgagor, In and by a certain obligation or writing obligatory, under his hand and seal, duly executed and bearing even date herewith, stands bound unto Mortagee in the sum of Thirteen Thousand Eight Hundred Twenty- two and 63/100 Dollars ($13,822.63) conditioned for the payment of the just and full sum of Thirteen Thousand Eight Hundred Twenty-two and 63/100 Dollars ($13,822.63) together with the premiums of Insurance, taxes, ground rents, water rents, municipal assessments and charges from time to time assessed against or upon the hereinafter described mortgaged premises, without any fraud or further delay, as In and by the said recited obligation and the condition thereof relation to the same being had, may more fully and at large appear, and In case of default In payment, as aforesaid, shall also pay all cost, fees and expenses of collecting the same Including an attorney's commission offive (5%) percent. NOW, THIS INDENTURE WITNESSETH, that Mortgagor, as well for and In consideration of the aforesaid debt or sum of Thirteen Thousand Eight Hundred Twenty-two and 63/100 Dollars, ($13,822.63) and for the better securing the payment thereof unto Mortagee, her heirs, executors, administrators and assigns, in discharge of the said obligation above recited, as for and In consideration of the further sum of One and 00/100 Dollar ($1.00) in specie, well and truly paid to Mortgagor, by Mortagee, at and before the ensealing and delivery hereof, the receipt of which One and 00/100 Dollar ($1.00) Is hereby acknowledged, has granted, bargained, sold, released and confirmed, and by these presents does grant, bargain, sell, reiease and confirm unto Mortagee, her heirs, executors, administrators and assigns: See attached legal description TOGETHER with all and singular the buildings, improvements, woods, ways, rights, liberties, privileges, hereditaments, and appurtenances to the same belonging, or In any wise appertaining, and the reversion and reversions, remainder and remainders, rents, Issues and profits thereof. To have and to hold the said hereditaments and premises above granted, or intended so to be, with the appurtenances, unto Mortagee, her heirs, executors, administrators and assigns, forever. AND it Is further understood and agreed that Mortgagor, his heirs, executors, administrators and assigns, will pay all taxes, municipal assessments and 1 charges from time to time assessed against or upon said mortgaged premises forthwith when the same become due and payabie, and will keep the buildings erected upon the said premises Insured in some good and reliable fire insurance company or companies licensed to transact business In the Commonwealth of Pennsylvania, In the amount of at least Thirteen Thousand Eight Hundred Twenty-two and 63/100 Dollars, and shall take no Insurance upon said buildings not marked for the benefit of the Mortgagee, and the policy or shall be delivered to and held by Mortagee, her heirs, executors, administrators or assigns, as collateral security for the payment of moneys secured hereby, and In case said Mortgagor, his heirs, executors, administrators or assigns, shall neglect to procure such Insurance, or shall neglect to pay said taxes, municipal assessments and charges forthwith when the same become due and payable, Mortagee, her heirs, executors, administrators or assigns, may take out such policy or policies In his own names, and may pay such taxes, municipal assessments and charges, and the premium or premiums paid therefor, and the sum or sums paid for such taxes, municipal assessments and charges as aforesaid, shall bear Interest from time of payment, and be added to collected as part of the said principal sum and in the same manner. AND is further agreed and understood, that In case default be made at any time In the payment of the principal debt or any Installment of principal debt or interest, or any part thereof, or of any taxes, municipal assessments, charges or premiums of Insurance aforesaid, for thirty (30) days after the same falls due as aforesaid, the whole of the said debt and Interest and additions thereto as aforesaid shall, at the option of Mortagee, her heirs, executors, administrators or assigns, become due and payable forthwith; and hereupon an action or mortgage foreclosure as now provided by Pennsylvania Procedural Rules 1141 to 1148, both Inclusive, or other appropriate proceedings, now or hereafter prescribed by law, may forthwith be commenced and prosecuted to judgment, execution and sale, for the collection of the whole amount of the said debt and interest remaining unpaid, together with all premiums of insurance, and all taxes, municipal assessments and charges, and all fees, costs and expenses of such proceedings, Including attorney's commission of five percent of the principal sum. And all errors in said proceedings, together with all stay of or exemption from execution, or extension of time of payment which may be given by any Act or Acts of Assembly now in force, or which may be enacted hereafter, are hereby forever waived and released. PROVIDED, HOWEVER, NEVERTHELESS, that If Mortgagor, his heirs, . executors, administrators or assigns, does and shall well and truly pay, or causes to be paid unto Mortagee, her heirs, executors, administrators or assigns, the aforesaid debt or sum of Thirteen Thousand Eight Hundred Twenty-two and 63/100 Dollars ($13,822.63) on the day hereinbefore mentioned and appointed for the payment thereof, together with lawful interest for the same, and premiums of insurance aforesaid, taxes, municipal assessments and charges, In like money, In the way and manner hereinbefore specified therefor, without any fraud or further delay and without 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the ;:Zt../ day of ~I.:.",(...,!, (t'" , 1997, be70re me, the undersigned officer, personally appeared WILLIAM D. DENNIS, 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 purposes therein contained. SS. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAl ROGal C. SPITZ. NOTARY PUBUC CARlISI! BOROUGH. eUMBERLANO co PA MY COMMISSION EXPIRES MAY 25. 1998 COUNTY OF CUMBERLAND SS. RECORDED on this day of , 1997, In the Recorder's Office of said County In Mortgage Book Volume , Page written. Given under my hand and the seal of the said office, the date above Recorder LEGAL DESCRIPTION ALL THAT CERTAIN tract of ground situate in Silver Spring Township, Cumberland County, Pennsylvania, as more particularly described as follows, to wit: BEGINNING at a point In the old center line of the Hogestown Road, at corner of lot now or formerly of Earl L. Lehmer and Beatrice L. Lehmer, husband and wife, being Lot NO.3 In the hereinafter mentioned Plan; thence by said lot, South 34 degrees 45 minutes West, 150 feet to a point; thence along line of lands now or formerly of Harry E. Deitz, North 55 degrees 15 minutes West, 65 feet to a point; thence along lands now or formerly of Albert N. McGuire and wife, North 34 degrees 45 minutes East, 150 feet to a point In the old center line of the Hogestown Road; thence along said center line of the Hogestown Road, South 55 degrees 15 minutes East, 65 feet to a point In said old center line, at the place of BEGINNING. BEING all of Lot NO.4 and the southern 15 feet of Lot NO.5 in the Plan of Lots laid out by W. G. Rechel, R.S., dated November 17, 1949. EXHIBIT C t . ... ,....-. -~ ,..--~-"",,- "'-"'-~_t"-.~~ ......":!i . II PROMISSORY NOTE $13,822.63 Carlisle, Pennsylvania \'\0... a'-l , 1997 FOR VALUE RECEIVED, WILLIAM D. DENNIS, (hereinafter called "the Undersigned"t promises to pay to the order of DONNA A. DENNIS, or\7073 Carlisle Plke;-t0t#64;jCarIlSle,- PennsylVania;:. 17(}j~, her heirs, successors and/or assigns, In lawful money of the United States of America, the sum of Thirteen Thousand Eight Hundred Twenty-two and 63/100 Dollars ($13,822.63) and any additional monies loaned or advanced by any holder hereof as hereinafter provided, as follows: simple Interest, not compounded, at the rate of seven and one-half percent (7.5%) per annum shall be due and payable on or before September 1, 2012. Notice, demand, presentment, or protest are expressly waived by the Undersigned. The Undersigned shall have the right to prepay all or any part of the principal amount of this Note at any time or from time to time without premium or penalty, provided that the Undersigned pays at the same time all Interest accrued thereon to the date of payment. This Note shall evidence and the Mortgage given to secure its payment shall cover and be $ecurity for any future loans or advances that may be made to or on behalf of the Undersigned by any holder hereof at any time or times hereafter and Intended by the Undersigned and the then holder to be so evidenced and secured, as well as any sums paid by any holder hereof pursuant to the terms of said Mortgage, and any such loans, advances or payments shall be added to and shall bear Interest at the same rate as the principal debt. This obligation shall bind the Undersigned and the Undersigned's heirs, executors, administrators and assigns, and the benefits hereof shall inure to the payee hereof and her successors and assigns. This Note is secured by a mortgage of even date herewith upon real estate described therein. WITNESS the due execution hereof the day and year first above written. WITNESS: Q~,Q--" , , w~Y0'))~ (SEAL) WILLIAM D. DENNIS . . EXHIBIT D ALIMONY AGREEMENT TInS AGREEMENT, made this U"'day of N.o..... ~ '-._ , 1997, by and between Donna A. Dennis, hereinafter "Wife" and William D. Dennis, hereinafter "Husband" as a part of their comprehensive MARITAL SETTLEMENT AGREEMENT, dated ~o......"",-._ a'lr ,1997. WITNESSETH: WHEREAS, the parties hereto have entered into a comprehensive Marital Settlement Agreement dated No 0 'I" ~ '-.... ~ ::::> ~ ,1997;and WHEREAS, the parties have filed Consents to Divorce in divorce proceedings filed by the Wife to No, 95-5218 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania; and WHEREAS, this Agreement and proposed Order of Court are being presented to the Court simultaneously as the presentation of the divorce action for entry of a Divorce Decree. NOW, THEREFORE, the a parties hereto, intending to be legally bound hereby, do covenant and agree as follows: 1. Husband shall pay the sum of two hundred and eight dollars and fifty-eight cents ($208.58) bi-weekly payable directly to Wife etTective on the date of the Divorce Decree divorcing the parties from the bonds ofmalrimony. Further, as additional payment of alimony, Husband shall pay the amounts of$129.00 bi-weekly as to the obligation of Wife's automobile and the sum of$45.00 per month as to the obligation of Wife's automobile insurance. Upon the occurrence of any event which would terminate the payment obligations referring to Wife's automobile or the insurance of Wife's automobile, Husband shall, upon receiving notification from Wife, add the amounts previously pnid as to the automobile and automobile insurance directly to .' . , . EXHIBIT E a, ltl ~ N a ~ co '" m ~ ~ N ~j-rr- l:ll . 1 , 1ll1~1 i I :;),.l1l, I I :. ~i I~I.' cel=1 "I en 01 -5ii >1 "'1...1 "I ... EI"".c, U);tUlol~ !:! c'-I ! ""I' ""_I al, ~,o, E' en. I"" , 111:1.5 "i ill, WIE!8i"" i~:~i~i~1 ,iiJ; i:5! nI; ! I:ELO(ICD,~1 ~1 -'-rlf'1I"'I"ITI~1 !I' ;-r~: II ! I lal ,ilillll 1 ,I I~I I Iii :. I~: i III~I i I I J I ! I I I,'! I I IWI I i Wi i m~T,li lii[11 Ii! [' I!i [Tllllrl I 'I . ii' " ,i I I I ! I j I i ! +-L-L'----LLLrlL-!!'--~,!-!J--L! ! j! lad-)I,,-l,]' ~ I I' ~I I I i~, Iii ~I' i I I C!I I I ~II' I I~I I i I~i I I 'Ig: !! ~ III I I I 1 ' ': I ,WI I i W I I I i I ill I Iii! , I j i . . :, I. I r Tff"',1 "lll-rT'11 TT'II--"llfrrl, '11~r ;--1---' +r "'1 ~ II ~ II' 'I '1 I , I I! 8' I I a ,,0 , I I . ! ' ,co. ,I I ~ I 11'& co I I Iii I I'. I l1", Iwl I :8",1 I ' .~I ! I 'I I! i, 'I '!aa~1 151' . !,~,.... I I I, r li~ I IN' I I 18''''1 I ' , , I - I !"'l-T'c'l~l-j:Srl; Lr,; ".+l;:l;! ">"-'T! I j !~i! i I! ,i: i ,I ! i I.....! I' " ' I 1:1: l~i j,,1 :'C i'D! i 1''0 i CI I", i ,c, i:ii i~: 12 c . ~i ! i~i I~i~!: '.0 '.0: ~O ~ ~i, 1'0' "';. ~I~! 1'0.' ,~ ~I i~: ~I '~, ~ .ci 'Iliji~i en'.cl I~' cl;',.c ..i 1=.l1l' IGI.c '01 '511 Q)E1 1~loj i VIi ::lie ~! lOr U)i 'l"i'D jog! lUi ,:JI , I lCU' ,:Ji ,,,Ieu",,,--::I, <lUi"",--:J, ICU Ira E''''I.c,.' "'. 'x' E''''i.c, m'"" E Oi.c, i E'Oi.c, uf' E lii'.o, ..Ie? ~ ~i I~i rale? ~ i 'nJ - >.; : ra',- >- ,'.enl,."c -!:!....c~:..' c ol.c' COi :.Ji ciol.c: : 1 C ~.ol 0' CIO.ci UJ ..' . ~i:alii~i )U*i!~!:alii ~,.o!.c_eu '0 iEi a::i~~:a i-.! ~:.:.c_eu 'O!,'!:.- -! E:O, 'X'- .E: ce,_ E '0 c' U1 'C' : c! I/)::J' '0: C U1:J 0: c: U1:J' .., C U1, lUi '-I"i ill c; ,..1,.-''': Ill' ' ,,_.. III 11:'-'" Z,,- .., E' E' 8: Ill", ,ceiE 8' IIlll:ls 8 ~ WIE! 8 ~ WE 8' ,,' ..I ~;. c ~ 'fill '!::i ~'. c, ~ <1:, - c ... "c ' ll::,." c III ell u'....o" i~u "'.0 ~1{l~.2l In'{l'''.2li ~i{l.!!!i~ ft: o(L~:,g r!Jt,l:<l;L~,,gL ::t'o( CD,g ~: 0( ~,g :t' 0( &l,g '" ~ ~ ~ . ,f' . , - DONNA A. DENNIS Plaintiff v, IN THE COURT OF COMMON PLEA5 CUMBERLAND COUNTY. PENNSYLVANIA 95.5218 CIVIL TERM IN DIVORCE WILLIAM D, DENNIS Defendant ALIMONY AGREEMENT . .. '. ALIMONY AGREEMENT THIS AGREEMENT, made this ~ day of ~""'___ , 1997, by and between Donna A. Dennis, hereinaller "Wife" and William D. Dennis, hereinaller "Husband" as a part of their comprehensive MARITAL SETTLEMENT AGREEMENT, dated t'\O'l"-m'--- d'ir ,1997. WITNESSETH: WHEREAS, the pBrties hereto have entered into a comprehensive MaritBI Settlement Agreement dated 1'\0"......'-- d.... , 1997; and WHEREAS, the parties have filed Consents to Divorce in divorce proceedings filed by the Wife to No. 95-5218 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania; and WHEREAS, this Agreement and proposed Order ofCollrt are being presented to the Court simultaneously as the presentation of the divorce action for entry of a Divorce Decree. NOW, THEREFORE, the a parties hereto, intending to be legally bound hereby, do covenant and agree as follows: I. Husband shall pay the sum of two hundred and eight dollars and filly-eight cents ($208.58) bi-weekly payable directly to Wife effective on the dale of the Divorce Decree divorcing the parties from the bonds of matrimony. Further, as additional payment of alimony, Husband shall pay the amounts of$129.00 bi-weekly as to the obligation of Wife's automobile and the sum of$45.00 per month as to the obligation of Wife's automobile insurance. Upon the occurrence of any event which would terminate the payment obligations referring to Wife's automobile or the insurance of Wife's automobile, HlIsband shall, upon receiving notification from Wife, add the amollnts previously paid as to the alltomobile and automobile insurance directly to ">. r-, '.- f.; r ~~ .. i C': lU._._ ... (-'f' iL.. ' 1.1- II..' (J" 7 . .;:' , , fJ]\ I r..: , (IIi L.:!;. ,. I ,. ''-L f-- ~ II. r- J U \.:p i...> ... .. DONNA A. DENNIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5218 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE v. WILLIAM D. DENNIS, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the divorce code. 2. Date and manner of service of the complaint: Service upon the defendant via U.S. Certified Mall-Restricted Delivery on October 6, 1995. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301 (c) of the divorce code: by the plaintiff DECEMBER 3. 1997 by the defendant DECEMBER 3. 1997 (b) (1) Date of execution of the plaintiffs affidavit required by Section 3301(d) of the divorce code N/A (2) Date of service of the plaintiffs affidavit upon the defendant N/A 4. Related ciaims pending NONE 5. Complete either (a) or (b) (a) Date and manner of service of the notice of Intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: DECEMBER 4. 1997 Date defendant's waiver of notice in Section 3301 (c) divorce was flied with the Prothonotary: DECEMBER 4. 1997 bVVV?(:~1 ~, David A. Baric, E!;uqire Attorney for the Plaintiff, Donna A. Dennis ~ ('oj (: '" h N ~') ~r. t1l ~:. 1_)_.;1' C)"";, ~ ~:~ ~~ ff:~- il:: ~c. ,. :- ,"' 0"' . .~. (f) L: I , ,/' . <:,.:." -:"-1" ..,.- , Ill] [J.... r! ." ',!U. -, , ::; LC- eo 0 en U Plaintiff I i IN THE COURT OF COMMON PLEAS OF ! CUMBERLAND COUNTY, PENNSYLVANIA i 95- S.1-1 If CIVIL TERM I I I DONNA A, DENNIS, v, WILLIAM 0, DENNIS, Defendant CIVIL ACTION-LAW IN DIVORCE 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 ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Court Administrator Cumberland County Court House Fourth Floor Carlisle, PA 17013 Talephone: (717) 240-6200 " Defendant CIVIL ACTION-LAW IN DIVORCE I IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYLVANIA I 95- CIVIL TERM I I I r r I , i ! , DONNA A, DENNIS, Plaintiff v, WILLIAM D, DENNIS, Plaintiff is DONNA A, DENNIS, an adult individual who I I i currently resides at 305 Hogestown Road, Mechanicsburg, Cumberland I County, Pennsylvania, I 2, Defendant is WILLIAM D, DENNIS, an adult individual who I currently resides at 503 South Filbert Street, Mechanicsburg, I I 3, Plaintiff and Defendant have been bona fide residents in I i the Commonwealth of Pennsylvania for at least six months i ! r I 1983, ';. c:::'~:~:t~::.::: :::::::::n~:~. ~r".d 00 ..gnot 19, I COMPLAINT UNDER SECTIONS 3301lCl AND 3301lDl OF THE DIVORCE CODE 1. Cumberland County, Pennsylvania, immediately previous to the filing of this Complaint, COUNT I - DIVORCE Plaintiff hereby incorporates by reference averments 1 through 4 as if each averment were set forth fully hereunder, 5, There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 6, Neither Plaintiff nor Defendant is in the Armed Forces of the United States, 7, Plaintiff avers that the marriage between the parties is irretrievably broken, B. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling, 9, Plaintiff avers in the alternative that Defendant, in violation of his marriage vows and of the Laws of the Commonwealth of Pennsylvania, has offered such indignities to the person of the Plaintiff, her injured and innocent spouse, as to render the condition of the Plaintiff intolerable and life burdensome, 10. This action is not collusive, 11, The parties have separated as of September 11, 1995. COUNT II - DIVISION OF PROPERTY i' Plaintiff hereby incorporates by reference all of the ., ave.rments contained in Count I of this Complaint, 12, The parties have acquired real estate during the course : of their marriage including property located at 305 Hogestown Road, " Mechanicsburg, Cumberland County, Pennsylvania, 13, The parties have acquired home furnishings, motor vehicles, bank accounts, retirement accounts, investments and miscellaneous items of personal property, 14, The aforesaid items are marital property and the Plaintiff requests that they be equitably divided. COUNT III - PAYMENT OF FEES 15, Plaintiff requests alimony, alimony pendente lite, cost~ I and counsel fees, WHEREFORE, Plaintiff prays that a decree be entered in favor of the Plaintiff and against the Defendant as follows: a) That a decree in divorce be entered; . i' ..~ \- DONNA A, DENNIS Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION. LAW WILLIAM D, DENNIS Defendant DIVORCE 95-521 B DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER DIVORCE DECREE UNDER SECTION 3301 (c:) OF THE DIVORCE CODE 1. A Complaint In Divorce under Section 3301 (c) of the Divorce Code was flied on September 25, 1995. 2. The marriage Is Irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint and the service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without further notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses If I do not claim them before a divorce Is granted. However, I have reached an agreement with the Plaintiff which satisfies all of my requirements. This agreement Is In the form of a Property Settlement Agreement which I have executed and which I understand Is to be Incorporated but not merged In the Divorce Decree In this matter. 5. 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. 6. I understand that the court maintains a list of marriage counselors In the Domestic Relations Office, which list Is available to me on request. DONNA A. DENNIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5218 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE V. WILLIAM D. DENNIS, Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint In divorce under Section 3301 (C) of the Divorce Code was filed on September 29, 1995. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Compialnt. 3. I consent to the entry of a final decree In divorce without notice. 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 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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 4904 relating to unsworn falsification to authorities. Date: 1;),-3.(1 '7 2J),,~ \,,~ DO NA A DENNIS I I I I I I I l , I i [ '" '" ',- fr: L~,: i:.'. ,',; l_tI ~ . ~~_~1 ~_. .- H~' I'.. '" J ejl , , .. f.~! , , , ~~::' j , , 'i } L' .c. I' L r., I- e) l..';~ ~ . '.. '-... 7. 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's Office. 8. Being so advised, I, William D. Dennis, do not request that the Court require my spouse and me to participate In counseling prior to a divorce decree being handed down by the Court. 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. ~ 4904 relating to unsworn falsification to Authorities. s~ 19'7'7 DATE: Wd~ . ..0.0. z.- ~ William D. Dennis i ," ," ."j , v~ I'.! U j' d._. ;- I c.;);- ., f~J ,-, I -. 1.1.1.. Ct' f_. I " ~J I. LC. " r- 1 0 lJ' 0 DONNAA DENNIS, Plai1iff v. IN THE COURT OF COM"v1ON PlEA') OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9&5218 CML TERM CML ACTlON-lAW IN DIVORCE W1L.U.AM D. DENNIS, Defa1da1I CERTIFICATE OF SERVICE I, David A Baic; Esquire, attaney fa' the PIainliIIIn the ~ dM7ce adia1, do hereby alItify tta I saved a certified cxpJ ci the Ca'r1J!aint In DivcJral to the Defer Ida Il, as per the ataj led U.S. Postal SeIvioo Certified Maii, relun receiJ:.t cad. O'BRIEN, BARIC & SCHERER BY iJ~,~ /, ci. David A Baic, EsquIre DATE: "/7 /7 g- , II - --'~-''''''':~'';;'!i.:;; :"ij,:-'}:'_~;;:i:;::::l';:r,,;,\,~.~';;rf - ." '", ; ,.. : ," _' '_ t~-_:-t_;w.-;~:'~c,~.,:..>,Jf~1 : f. ~.._1_2""__.. 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'L ell .~ 0 ~~J 0, U IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA A, DENNIS, Plaintiff CIVIL ACTION LAW IN DIVORCE v, WILLIAM D, DENNIS, Defendant No. 95.5218 DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE AND NOW COMES the Defendant, WILLIAM D. DENNIS, by his attorney, PETER J. RUSSO, Esquire, and respectfully Answers the Plaintiffs Complaint In Divorce as follows: 1. Admitted, 2. Admitted, 3. Admitted, 4. Admitted, COUNT I . DIVORCE 5. Admitted. 6. Admitted. 7. Denied. It is denied that the marriage Is Irretrievably broken as required by Section 3301 (c) of the Divorce Code. 8. Admitted, The Defendant has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate In counseling. 9. Denied. The Defendant avers that the Plaintiff, In violation of her marriage vows and of the Laws of the Commonwealth of Pennsylvania, has offered such Indignities to the person of the Defendant, hlo Injured and Innocent spouse, as to render the condliion of the Defendant Intolerable and life burdensome. 10. Neither admitted nor denied, as no response Is required. 11. Admitted. COUNT II . DIVISION OF PROPERTY 12. Admitted, 13. Admitted, 14. Denied. Defendant denies equitable distribution because it is premature. I COUNT III . PAYMENT OF FEES 15. Denied. Defendant denies alimony, alimony pendente lite, costs, and counsel fees because it Is premature. WHEREFORE, Defendant prays this Honorable Court to: (a) deny Plaintiff's request for a divorce under Section 3301 (c) and Section 3301 (d) of the Pennsylvania Divorce Code; (b) deny Plaintiff's request for an equitable distribution of the parties' marital property, since It Is premature to do so; (c) deny any and all other relief which has been requested by Plaintiff. Respectfully submitted, Q~ .~- - Peter J. Russo, Esquire PA ID # 72897 845 Sir Thomas Court Suite 9 Harrisburg, PA 17109 (717) 541.4400 Dated: 1'61.l."~5 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA A. DENNIS, Plaintiff CIVIL ACTION LAW IN DIVORCE v, WILLIAM D, DENNIS, Defendant No. 95.521 B VERIFICATION I, WIlliam D. D9nnls, have reviewed the foregoing complaint and do hereby confirm that the statements are true and correct to the best of my knowledge, Information, and belief. I make this affirmation with the knowledge that I am subject to the provisions of 18 Pa. C.S. ~4904 regarding false swearing of information to authorities. . n' I~ O)JJ~. ,~ WILLIAM D. DENNIS Dated: / S tl4. /'I'ls IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA A, DENNIS, Plaintiff CIVIL ACTION LAW IN DIVORCE v, WILLIAM D. DENNIS, Defendant No. 95.5218 CERTIFICATE OF SERVICE I, Peter J. Russo, hereby certify that I am on this day serving a copy of the foregoing Defendant's Answers to Complaint In Divorce upon the person (s) and In , the manner Indicated below, service by First-Class Mail, Postage Prepaid, and Addressed as Follows: David Baric, Esquire 17 West South Street Carilsle, PA 17013 Q.9--- Peter J. Russo, Esquire PA ID # 72897 845 Sir Thomas Court Suite 9 Harrisburg, PA 17109 (717) 541-4400 DATED: 1'a/az,I'l5 i'r. ~ b. ,~ Vl .r_ r..~ :::>....- 8"' , ,. b :r.: :,~ ,~: ,... n:::J c::- ,.-...... C'~ N ",1'1 :'l~ ~ I It....... -t~ I ."- \ll(~J ...r [t~ u.. F' ...., 5 ". IJ) 0 U' U DONNA A. DENNIS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 95.5218 CIVIL TERM v, WILLIAM D, DENNIS Defendant IN DIVORCE ORDER OF COURT AND NOW, this ~ I- day of '~ ~~ , 1997, upon consideration of the motion of WIlliam D. Dennis, and In accord with the Property Settlement Agreement executed by the parties, Donna A. Dennis Is awarded $11,586.01 from the Thrift Savings account of William D. Dennis. ) J. rll :-n ~:l~;'i':":1: CF.' .. .' );,',:1'( rJ" r'-~ " ,. I. -;.' , ' . , :~. c r. .." .J... '''.'-' u' '" '1:\' ;:\ t-, "~;~"I..'" DONNA A, DENNIS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 95.5218 CIVIL TERM v, WILLIAM D. DENNIS Defendant IN DIVORCE MOTION TO DISTRIBUTE ASSETS AND NOW, COMES, Defendant, William D. Dennis, by and through his counsel, Peter J. Russo, Esquire, and avers the following In support of his motion: 1. Defendant, William D. Dennis, is and adult male residing at 305 Hogestown Road, Mechanlcsburg, Pennsylvania 17055. 2. Plaintiff, Donna A. Dennis, Is and adultfemale residing at 7073 Carlisle Pike, Lot 137. Carlisle, Pennsylvania 17013. 3. Defendant, William D. Dennis, is employed by the federal government and maintains a Federal Thrift Savings Plan. 4. On or about, September 29, 1995, Plaintiff commenced the above-captioned divorce action. 5. On or about, November 28, 1997, as a result of various negotiations, the parties executed a Property Settlement Agreement which has been filed In the Cumberland County Prothonotary's Office. 6. Therein, the parties agreed that Plaintiff, Donna A. Dennis, would be entitled to a fixed sum of money from Defendant, William D. Dennis' thrift Savings Plan which Is maintained by the federal government. 7. Specifically, the parties agreed that Plaintiff shall be entitled to a one-time, lump sum payment of $11,586.01 from Defendanfs thrift Savings Plan. 8. Plaintiff is aware that prior to the payment of said amount, the ~aeral government shall withhold approximately tw&nty (20%) percent of amount of the award and Plaintiff shall be responsible for all tax consequences In connection with her receipt of said funds. 9. The thrift Savings Plan will not release the agreed upon funds to Plaintiff without an order of Court. 10. The parties have agreed to the entry of the attached Order as evidenced by the attached Stipulation of Counsel. A true and correct copy of the Stipulation of Counsel Is attached hereto as Exhibit A. WHEREFORE, Defendant, William D. Dennis, respectfully requests that this Honorable Court enter an order of Court awarding Plaintiff, Donna A. Dennis, $11,586.01 from the Thrift Savings Plan of WIlliam D. Dennis. Respectfully submitted, QT. (=Q _~ Peter J. Russo Counsel for Defendant Date: Thursday. December 4. 1997 r,I, r.:; C~',;:.;2C r:r: - .,,-!/.J"il ,~ r-~ .:J/: , r:: .., Ii] CUt.. I -' . .,'...i./ , ~" DONNA A, DENNIS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 95-5218 CIVIL TERM IN DIVORCE v, WILLIAM D, DENNIS Defendant STIPULATION OF COUNSEL AND NOW, COMES, Counsel for Plaintiff, David A. Baric and Counsel for Defendant, Peter J. Russo, and avers the following: 1. The parties hereto have executed a Property Settlement Agreement. 2. The parties have reviewed Defendants motion and the proposed Order and agree It accurately sets forth the terms of their agreement. 3. The parties know of no reason why the relief requested should not be granted. ;c~;"Zf. David A. Baric, Esquire Counsel for Donna A. Dennis Q~ Peter J. Russo, Esquire Counsel for William D. Dennis Date: ru loll q, Date: /z/t!71 . f ! '" ~ 0.; ~ - '1 J :>- C'J (, p9 i }.~ ,..: U!(.) (1_. ': "-( f'-",C .... (1. r: ,J.. . .. ft.',! , ;1.. I [L'l, r. ::j I, -- ro. L, ~;l (I. ,- U 13' 0 DONNA A. DENNIS, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5218 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE WILLIAM D. DENNIS, Defendant PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please withdraw Counts II and III of the Complaint In Divorce filed on September 29, 1995 relative to the above-captioned matter. Respectfully submitted, O'BRIEN, BARIC & SCHERER }}4- V /. (l Date: 1/7 /1f ~ I David A. Baric, Esquire 1.0. #44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for the Plaintiff, Donna A Dennis - DONNA A. DENNIS, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5218 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE WILLIAM D. DENNIS, Defendant CERTIFICATE OF SERVICE I hereby certify that on January Y ,1998, I, David A. Baric, Esquire, of O'Brien, I IIH I'vjj b''';:(.''vt:!~ It Baric & Scherer, did serve a copy of the Praecipe to Withdraw, by flr3t slass U.S. "1all, PQstlilQ8 prepaid, to the party listed below, as follows: Peter J. Russo, Esquire 61 West Louther Street Carlisle, Pennsylvania 17013 ~~a, David A. Baric, Esquire ".. "- t1"'; ('J 1-' j.": .' Hlt.'- ~ t."J 1.-: , , 1')<, :1: ,. I~' . .' :.-\ u., J---."l '-}i . . ',- G'" (J'\ ! I , '!'l~. . 1'!J lL. - - -.: .:1:..0- ,I. - I " IJ. C~ ~-.) U U" L) .., ~ 0 .- t ~ ~ ~ ~ :s :;; ~ E ~ ~ ~ ~ ~ 5 ~ ~ ;;: ~ '" pO ~ 0 ~ FEB 1 7 1998 DONNA A, DENNIS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA 95-5218 CIVIL TERM IN DIVORCE JUDGE EDGAR B. BAYLEY v, WILLIAM D, DENNIS Defendant ORDER OF COURT AND NOW, this t1 day of February, 1998, upon consideration of the motion of William D. Dennis, and In accord with the Property Settlement Agreement executed by the parties, Donna A. Dennis Is awarded $11,586,01 from the Thrift Savings Plan account of WIlliam D. Dennis. / DONNA A, DENNIS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 95-5218 CIVIL TERM IN DIVORCE JUDGE EDGAR B, BAYLEY v, WILLIAM D, DENNIS Defendant MOTION FOR AMENDED ORDER AND NOW, COMES, Defendant, William D. Dennis, by and through his counsel, Peter J. Russo, Esquire, and avers the following In support of his motion: 1. Defendant, William D. Dennis, Is an adult male residing at 305 Hogestown Road, Mechanlcsburg, Pennsylvania 17055. 2. Plaintiff, Donna A. Dennis, Is an adult female residing at 7073 Carlisle Pike, Lot 137, Carlisle, Pennsylvania 17013. 3. On or about, December 4, 1997, Defendant, William D. Dennis, filed a Motion to Distribute Assets In the above-captioned divorce action. A true and correct copy of the Motion to Distribute Assets Is attached hereto as Exhibit A. 4. On or about, December 8, 1997, the Honorable Edgar B. Bayley Issued an Order of Court awarding Plaintiff and Defendant the relief sought. A true and correct copy of the Order of Court Is attached hereto as Exhibit B. 5. On or about February 17, 1998, Defendant received notification from his thrift Savings Plan Administrator that the Order Issued used the term "thrift Savings account" and said terminology was not sufficient to Identify Defendant's "Thrift Savings Plan Account." 6. Towit, Defendant seeks an Amended Order of Court which utilizes the phrase ''Thrift Savings Plan Account... WHEREFORE, Defendant, William D. Dennis, respectfully request that this Honorable Court enter an Amended Order of Court awarding Plaintiff, Donna A. Dennis, $11,586.01 fl'om the ''Thrift Savings Plan Accounf' of WIlliam D. Dennis. Respectfully submitted, ~ @-~C. Peter J. Russo Counsel for Defendant Date: Tuesday. February 17. 1998 DONNA A. DENNIS Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 95-5218 CIVIL TERM IN DIVORCE JUDGE EDGAR B, BAYLEY WILLIAM D, DENNIS Defendant ~ Peter J. Russo, Esquire hereby states that I am counsel for Defendant, WIlliam D. Dennis, and that the statements made In the forgoing are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. G?ta G:L.., Peter J. Russo Counsel for Defendant Dated: Tuesday. February 17.1998 EXHIBIT A DONNA A. DENNIS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA 95.5218 CIVIL TERM IN DIVORCE v. WILLIAM D, DENNIS Defendant ORDER OF COUR1: AND NOW, this day of . 1997, upon consideration of the motron of WIlliam D. Dennis, and in accord with the Property Settlement Agreement executed by the parties, Donna A. Dennis Is awarded $11,586,01 from the Thrift Savings account of William D. Dennis. BY THE COURT, J. DONNA A. DENNIS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 95.5218 CIVIL TERM IN DIVORCE v, WILLIAM D, DENNIS Defendant r. ..." (j {;; .... ";, T' -:! ,.:;.;; " :';:;1 ..., I '-.1'1 " .. 'OJ'..') " ':0 .~ -j:!j .' - .-.,") ;~. ( ~ .) ,.'.i-n - ::'t " I::> ::1 ". .... MOTION TO DISTRIBUTE ASSETS AND NOW, COMES, Defendant, William D. Dennis, by and through his counsel, Peter J, Russo, Esquire, and avers the following In support of his motion: 1, Defendant, William D. Dennis, Is and adult male residing at 305 Hogestown Road, Mechanlcsburg, Pennsylvania 17055. 2. Plaintiff, Donna A. Dennis, Is and adult female reSiding at 7073 Carlisle Pike, Lot 137, Carlisle, Pennsylvania 17013. 3. Defendant, William D. Dennis, is employed by the federal government and maintains a Federal thrift Savings Plan. 4. On or about, September29, 1995, Plaintiff commenced the above-captioned divorce action, 5. On or about, November 28, 1997, as a result of various negotiations, the parties executed a Property Settlement Agreement which has been filed In the Cumberland County Prothonotary's Office. 6. therein, the parties agreed that Plaintiff, Donna A. Dennis, would be entitled to a fixed sum of money from Defendant, William D. Dennis' Thrift Savings Plan which Is maintained by the federal govemment. 7. Specifically, the parties agreed that Plaintiff shall be entitled to a one-time, lump sum payment of $11,586.01 from Defendanfs Thrift Savings Plan, 8, Plaintiff Is aware that prior to the payment of said amount, the federal government shall withhold approximately twenty (20%) percent of amount of the award and Plaintiff shall be responsible for all tax consequences In connection with her receipt of said funds, 9. The thrift Savings Plan will not release the agreed upon funds to Plaintiff without an order of Court. 10. The parties have agreed to the entry of the attached Order as evidenced by the attached Stipulation of Counsel. A true and correct copy of the Stipulation of Counsel Is attached hereto as exhibit A. WHEREFORE. Defendant, WIlliam D. Dennis, respectfully requests that this Honorable Court enter an order of Court awarding Plaintiff, Donna A. Dennis, $11,586.01 from the Thrift Savings Plan of William D. Dennis. Respectfully submitted, @-:t. @ ~ Peter J. Russo Counsel for Defendant Date: Thursdav. December 4. 1997 DONNA A, DENNIS Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 95.5218 CIVIL TERM IN DIVORCE WILLIAM D. DENNIS Defendant VERIFICATION Peter J. Russo, Esquire, hereby states that I am counsel for Defendant, WIlliam D, Dennis, and that the statements made In the foregoing are true and correct to the best of my knowledge. Information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities QA-.G). __, Peter J, Russo Counsel for Defendant DATE: Thursdav. December 4. 1997 DONNA A. DENNIS Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 95.5218 CIVIL TERM IN DIVORCE WILLIAM D, DENNIS Defendant CERTIFICATE OF SERVICE I, Peter J, Russo, .Esqulre, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and in the manner Indicated below: Servlca by First-Class Mail, Postage Prepaid, and Addressed as follows: David A. Baric, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 G~Q Peter J. Russo :6 Date: Thursdav. December 4. 1997 @DEC 051997 DONNA A. DENNIS Plaintiff 1i'4 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 95-5218 CIVIL TERM v. WIWAM D. DENNIS Defendant IN DIVORCE ORnER OF COUR'( AND NOW, this 'l-IL day of JJ(1~ . 1997, upon consideration of the motion of Will/am D. Dennis, and in accord with the Property Settlement Agreement executed by the parties, Donna A. Dennis Is awarded $11,588,01 from the Thrift Savings account of Will/am D. Dennis. BY THE COURT, Iy ~A' '71. ~~'1- J, TRue COPY FROM' RECORD In Til=tlmony Wilmot, I he,. unlo set my_ and tlla seal at said co~ CaIlISIt, Pa, P1~~ day, ~. , I.11:/. 'LCl, ~ ;' ~n14 Prothonotary DONNA A. DENNIS Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 95-5218 CIVIL TERM WILLIAM D, DENNIS Defendant IN DIVORCE JUDGE EDGAR B, BAYLEY I, Peter J. Russo, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and In the manner Indicated below: Service by Hand Delivery to the Courthouse Mailbox: David A, Baric, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 Q-b~J Peter J. Russo Counsel for Defendant Dated: Tuesday. February 17. 1998 >- "I '- C"; u: (-. ~i: , l1J ~-? (:?~; f1:,l. 'I... ',.' Q.') r-. , .. ,- ,< L:'L- ~ i Edt!; r.r~ I :.-j L. I I .Jt.L 1.1: L.. ,. Lo.. lC ) 0 (.i' U