HomeMy WebLinkAbout96-01473
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BLAINE BR~;AUX.
Ii PlaintiJT
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PI,;NNSYLVANIA
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: NO. 96- 1'1'n
CML TERM
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il TAMMY RUNYON,
'i Defendant
: CMt ACTION. LAW
: IN DIVORCE
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Ii Houma, Louisiana, 70364.
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PETITION FOR SPECIAL RELIEF
1.
Plaintiff is Blaine Breaux, an adult individual currently residing at 112 Harding Drive,
2.
Defendant is Tammy Runyon, an adult individual currently residing at 1007 Forge
Road, Carlisle, Cumberland County, Pennsylvania.
3. Defendant is a bonalide resident of the Commonwealth of Pennsylvania and has been
so for at leaat six montha immediately prior to the filing of this Petition.
4. Plaintiff and Defendant established a common law marriage in Pennsylvania in early
January, 1994.
5. On December 7, 1995, the parties entered into a Separation .Agreement and Property
Settlement .Agreement. A copy of which is attached hereto and incorporated herein as Exhibit 'I'.
6. Paragraph 2 of the said Agreement stated that the parties are owners of a business,
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I Service Master Cleaning Specialists, which would be sold by the parties and the proceeds split between
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I them.
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'I for $80,000.00.
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At the time of the signing of the Agreement, the parties had agreed to seD the business
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In FebrullJ'y of 1996, Respondent closed the business.
If the business is not running, than Service Master Limited Partner can withdraw its
franchise license.
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SEPARATION AGREEMENT & PROPERTY SETTLEMENT
This Agreement, made and entered into this 7~ day of ~~.M~r
1995, between Tammy Runyon, of 1007 Forge Road, Cariisle, PA, and
Blaine Breaux, oC 112 Harding Dr., Houma. LA.
Whereas, the parties hereto are now living separate and apart and
desire to enter into an Agreement respecting their property rights,
regardless of the actuai separation or other character thereoC and their
other rights, including possible rights of support and maintenance;
Whereas, both and each oC the parties hereby waive forever any
claim to support and maintenance Crom the other and all of any rights
as heir or surviving spouse.
Now, ThereCore, the parties hereto intending to be legally bound
hereby do herety mutually agree as follows:
1.. Separation. Parties do hereby agree to live separate and apart
and to reside, at any such place as they shali deem fit, free from any
control. restraint. or interference by each other.
2. Division of Personal Property. The parties are owners of a
business: ServiceMaster Cleaning Specialists, 1007 Forge Road, Carlisle,
PA, which shaii be sold by the parties and the proceedS split as foilows:
Forty-five thousand dollars (representing Blaine's initial investment)
and ten percent of the remaining proceedS to him. The remaining 90% of
the proceeds shall be apportioned to Tammy Runyon.
J. Future Debts. The parties further agree that neither wiil incur
any debts for which the other may be held liable.
4. Re~l Property. The parties agree that the real property located
at 1007 Forge Road, Carlisle, shall be said at the earliest possible time.
Proceeds from the sale shall be first apportioned to the outstanding
mortgage, if any. at the time of the sale. After payment of the mortgage
the proceeds shall be split between the parties as follows: Thirty
thousand, (Bl~ne's initial investment) and ten percent of the remaining
proceeds to him. Thereafter, the remaining 90% of the proceeds go to
Tammy. Both part ies agree to execute any and all future documents
reasonable related to the transfer of tit~e and to cooperate in payment
of their debts.
S. Waiver of Alimony.
Both parties agree alimony is absurd in this
case, and neither party will seek such a payment.
6. Taxes. Both parties agree to file joint income tax returns for the
1994 & 1995 tax years; and if there is tax liability, parties agree to
pay the portion of the tax that is attributable to the gross income of
that party.
7. Breach. In the event that either party breaches any provision of
this agreement. he or she shall be responsible for any and all costs
incurred to enforce the terms hereof.
8. Enforcement. The parties agree that this settlement agreement or any
part hereof may be enforced in any court of competant jurisdiction.
9. Additional Instruments. Each of the parties shall on demand.
execute and deliver any and all other documents needed by the other party
in his or her possession for whatever reason deemed necessary by either
party.
IN WITNESS WHEREOF. the parties have set their hands and seals the
day and year first written above.
WITNESS: {~ -./7
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