HomeMy WebLinkAbout96-01971
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1145 Sir Thomas Court. Hnrrlsburg. PA 171()!)
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THE COURT OF COMMON
PLEAS
OF CUMBERLAND
~.
ST A TE OF ;}~~!
., .a~--\'
COUNTY
PENNA.
ROBERT SII/lRRER
:\11. <)6-1971
II)
\', l'" II.
JILL SII/lRRER
DECREE IN
DIVORCE
AND NOW. .....
'~')"";"" J- '. 19~(i.... it is ordered and
decreed that.. .RQbar.t .Sharr:ar.. ."
and... .JJn. .S.lJiH'.r.~r:...............
are divorced from the bonds of matrimony.
. . . . . . . . . . . . . . . . .. plaintiff.
. . . . . . . . . . . . . . .. defendant,
The court retains jurisdiction of the following claims which have
been raised of record in this action for which 0 final order has not yet
been entered;
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Agreement shall be incorporated in but shall not merge into any
such judgment or decree of final divorce, but shall be incorporated
for the purposes of enforcement only.
C.
MUTUAL CONSENT DIVORCE
The parties agree and
acknowledge that their marriage is irretrievably broken, that they
do not desire marital counseling, and that they both consent to the
entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section
3301(c). Accordingly, both parties agree to forthwith execute such
consents, affidavits, or other documents and to direct their
respective attorneys to forthwith file such consents, affidavits,
or other documents as may be necessary to promptly proceed to
obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c).
Upon request, to the extent permitted by law and the applicable
Rules of civil procedure, the named defendant in such divorce
action shall execute any waivers of notice or other waivers
necessary to expedite such divorce.
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7. DIVISION OF PERSONAL PROPERTY
wife agrees that all of the property in th~ possession of
Husband shall be the sole and separate property of Husband; and
Husband agrees that all of the property in the possession of Wife
shall be the sole and separate property of Wife. The parties do
hereby specifically waive, release, renounce and forever abandon
whatever claims, if any, he or she may have with respect to the
above items which shall become the sole and separate property of
the other.
B. DIVISION OF MOTOR VEHICLES
With respect to the motor vehicles owned by one or both of the
parties, they agree as follows:
Husband: 1995 Chevrolet pickup truck S10
Wife: 1983 Buick Skylark
The titles to the said motor vehicles shall be executed by the
parties, if appropriate, for effectuating transfer as herein
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B.
HUSBAND - American General Finance Co. - $2,000
Credit cards in own name.
11. LEGAL FEES
Each party shall pay his or her own attorneys fees.
12. MISCELLANEOUS
All assets including, but not limited to, savings
accounts, checking accounts, certificates of deposit and life
insurance policies shall be the sole and separate property of the
title holder of said asset.
The parties believe and agree, and have been so advised by
their respective attorneys, that the division of property
heretofore made by this Agreement is a non-taxable division of
property between co-owners rather than a taxable sale or exchange
of such property. Each party promises not to take any position
with respect to the adjusted basis of the property assigned to him
or her or with respect to any other issue which is inconsistent
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with the position set forth in the preceding sentence on his or her
federal or state income tax returns.
The parties have heretofore filed joint federal and state tax
returns. Both parties agree that in the event any deficiency in
federal, state or local income tax is proposed, or any assessment
of any such tax is made against either of them, each will indemnify
and hold harmless the other from and against any loss or liability
for any such tax deficiency or assessment and any interest, penalty
and expense incurred in connection therewith. Such tax, interest,
penal ty or expense shall be paid solely and entirely by the
individual who is finally determined to be the cause of the
misrepresentations or failures to disclose the nature and extent of
his or her separate income on the aforesaid joint returns.
13. CHILDREN
A. CUSTODY AND VISITATION - The parties shall share legal
and physical custody of the child born of this marriage. The child
shall reside with his mother. Mother shall provide father with
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information concerning his health, education and welfare on a
regular basis and shall encourage father to join in the decision
making process as to the child's schooling, medical care and other
important issues associated with his life.
Father shall be afforded partial custody under the following
schedule:
1. Every weekend the child shall be with his father
from Saturday morning until Monday afternoon.
2. The following holidays shall be agreed upon between
Wife and Husband depending on Husband's work schedule:
Easter, Memorial Day, Fourth of July, Labor Day,
Thanksgiving, Christmas Eve and Christmas Day.
3. The child's birthday shall be rotated between Wife
and Husband.
4. Wife shall have the child on wife'B birthday and on
Mother'S Day and Husband shall have the child on Husband's
birthday and on Father'S Day.
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word "illness" as used herein shall mean any disability which
confines the child to bed under the direction of a licensed
physician for a period in excess of forty-eight (48) hours.
D. BEST IN'l'EREST OF CHILD - The parties shall exert every
reasonable effort to maintain free access and unhampered contact
between the child and each of the parties, and to foster a feeling
of affection between the child and the other party. Neither party
shall do anything which may estrange the child from the other
party, or injure the child's opinion as to his mother or father, or
which may hamper the free and natural development of the child's
love and respect for the other party.
E. Husband shall claim the child for income tax purposes and
the parties agree that they will execute any documents necessary
for this purpose.
14. GENERAL PROVISIONS
A.
WARRANTY AS TO EXISTING OBLIGATIONS
Each party
represents that they have not heretofore incurred or contracted for
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promptly notify the other of any change, giving the address of the
new place of residence.
M. 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 have or hereafter acquire, under the
present or future laws of Pennsylvania or another jurisdiction, to
share in the property or the estate of the other as a result of the
marital relationship, including, without limitation, dower,
curtesy, their statutory equivalents, widow's allowance, homestead
rights, right to take in intestacy, right to take against the will
of other, and right to act as administrator or executor of the
other's estate, and each party 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.
N. ATTORNEY'S FEES FOR ENFORCEMENT - In the event that
either party breaches any provision of this Agreement, and the
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other party retains (:ounsel to assist in enforcing the terms
thereof, the parties hereby agree that the breaching party will pay
all reasonable attorneys' fees, court costs, and expenses incurred
by the other party in enforcing the Agreement.
IN WITNESS WHEREOF, and intending to be bound hereby, the
parties have signed and sealed this Agreement on the /l./, r;:.L day of
'-/1 ,(I(
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, 1996 at Harrisburg, Pennsylvania.
In the presence of:
'---'{JOn,,- ,'( t-- (\) In t.f'-.-
'~I./ 4. ~/t":'tSEAL)
Robert G. Sharref"
~' .c:t.~" , /to (L,l.})" g..tr-u )-..,1), I )
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~ ,00 0 JhCU1J"LQ III
till A. Sharrer
(SEAL)
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~lARIANNE E. RUDEBUSCH, Escluire . n,
84'5 Sir Thomas Court, Harrisburg, PA 17109 AP'R , 5 ,"MC\
(71;;)65j'.u~2 ::f.jU(I'h
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ROBERT SHARRER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO.
JILL SHARRER,
Defendant
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, Cumberland County, 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 THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
4th Floor
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
5. Plaintiff avers that there are children to the parties
under the age of 18, to wit: Christopher Sharrer, born on March 24,
1991.
6. The Plaintiff and Defendant are both citizens of the
United States of America.
7. There have been no prior actions in divorce between the
parties.
B. The Plaintiff and Defendant are not members of the Armed
Services of the united States or any of its allies.
9. Plaintiff 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.
10. The causes of action and sections of Divorce Code under
which Plaintiff is proceeding are:
A. Section 3301(c). The marriage of the parties
is irretrievably broken. After ninety (90) days have
elapsed from the date of the filing of this Complaint,
Plaintiff intends to file an Affidavit consenting to a
divorce. Plaintiff believes that Defendant may also file
such an Affidavit.
B. Section 3301(d). The marriage of the parties
is irretrievably broken. The Plaintiff and Defendant
eeparated on March 1, 1996.
WHEREFORE, the Plaintiff prays your Honorable Court to enter
a Decree in Divorce from the bonds of matrimony.
COUNT II
CUSTODY
11. There is one minor child born of this marriage, namely
Christopher Sharrer, born on March 24, 1991.
12. Plaintiff desires primary custody of the minor child and
is capable of giving said child the necessary parental care and a
proper and healthful environment.
13. The Plaintiff avers that he is a fit person to raise the
minor child and that by awarding him primary custody, the best
interest and permanent welfare of the child will thereby be
promoted.
14. Plaintiff has not participated in any other litigation
concerning the custody proceedings in a court of this or any other
state, nor does he know of any person not a party to these
proceedings who has had physical custody of the child or claims to
have custody or visitation rights.
15. The Plaintiff requests that a reasonable schedule of
partial custody be set up by the Court regarding visitation of the
parties' minor child by Defendant.
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By: ,Up, I ell.'" ',<C ( Ii l dci, dllLoJ (fit
Marianne E. RUdebusch, Esq. '
Attorney No. 63522
845 Sir Thomas Court
Suite llA
Harrisburg, PA 17109
(717) 657-0632
Attorney for Plaintiff
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ROBERT SHARRER,
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v,
NO.96-1971
JILL SHARRER,
Defendant
IN DIVORCE
AEfIDAVIT OF SERVICE
Marianne E. Rudebusch, Esq., being duly sworn according to
law, deposes and says that she is an attorney at law duly
authorized to practice in the Commonwealth of Pennsylvania, and
that on the 19th day of April, 1996/ she did serve upon Jill
Sharrer, the Defendant in the foregoing case, a true and correct
copy of the Complaint in Divorce by sending to her, by Certified
Mail, Restricted Delivery, postage pre-paid, to 33 II Street,
Carlisle, Pennsylvania.
The receipt for said Complaint is
attached.
Said copy of the Complaint was duly endorsed with notice to
Defendant to appear and answer or the matter would proceed without
her.
Sworn to and subscribed
beforiJ me thi~",,-:'/lf(( day
of---it"J ~ , 1996
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By: /{l~l~\-\lt\\...l ~. If'\IX'(,(I.,oe....
Marianne E. Rudebusch, Esq.
Attorney No. 63522
845 Sir ThomRS Court
Suite lla
lIarrisburg, PA 17109
(717) 657-0632
Attorney for Plaintiff
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'\'J:'!::!N It; .; I . ,t':(
.\ltt i'u,IIJn l ,I I., rA
M/l'cfnr.,:::.Ion [:n.."(I, ..1 .'0, 2000
NOTf,RlAl SeAl
I.WJ~:: 'I' I:. r.U.IIN, Notary Pv~I~
l.o...,cr (\.taILn Twp.. C:)uphln Co.. PA
M, Comml;::on r"'pl.., Morch 20, 2000
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ROBERT SHARRER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 96-1971
JILL SHARRER,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTEN'l'ION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER S3301lcl OF THE DIVORCE CODE
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I consent to the entry of a Final Decree of Divorcerl "l-
I understand that I may lose rights concerning alimony,
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division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
3. I understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the decree will
be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. S4904, relating to unsworn
falsification to authorities.
Date:
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ROBERT SHARRER,
Plaintiff
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO, 96-1971
JILL SHARRER,
Defendant
IN DIVORCE/CUSTODY
ORDER
AND NOW, upon consideration of the Plaintiff's Complaint, it
is hereby directed that t e parties and their respective counsel/Ii
appear before ' I ' I. 'j , Conciliator, on the if).
day of 01)t/.1I1lx.~ ' 199 at ~:tJll A-m., in -
36~ 5, I{r~ 5/,,0,11 1-/'(/' c.umaerlaRQ CauRty Cgu~hOUSQ1 Cadi3ll!,
l'<;lRRsylH......a' for a Custody conciliation Conference. At such
conference an effort will be made to resolve the issues to be
heard by the Court, and to enter into a temporary Order. All
children age five or older may, at the request of either attorney
or party, be present at the conference. Failure to appear at the
conference may provide grounds for the entry of a temporary or
permanent Order.
For the Court:
Dated:.i}""/j lei 3/, q(.,
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By 111 {,(' l.11 d, J/yJ.LA &I \.!
custody concnlato1:f /,,)'1
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Court Administrator
4th Floor
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
BY TilE COURT:
Date
J.
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ROBERT SHARRER,
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 96-1971
JILL SHARRER,
Defendant
IN DIVORCE
COMPLAINT FOR CUSTODY
1. The Plaintiff is Robert Sharrer, an adult individual who
resides at 145 Second Street, Highspire, Dauphin County,
Pennsylvania,
2. The Defendant is Jill Sharrer, an adult individual whose
(jl'tJ/~f
last known mailing address was c/o J. Jakobowski, 330 eUUCllb Gap
Road, Carlisle, Cumberland County; Pennsylvania 17013.
3. The Plaintiff seeks custody of the following child:
If.AM.E
DATE OF BIRTH
A!!..I1:
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Christopher Sharrer
March 24, 1991
The child is presently in the physical custody of his
mother, whose current whereabouts are unknown. The child was
born out of wedlock.
4. During the past five years the child has lived with the
following persons at the following addresses:
Robert and Jill Sharrer, 15 Cranes Gap Road, Carlisle, PA,
1991-1992.
Robert and Jill Sharrer, 15 Smith Road, Gardners, PA, 1992-
1993.
Robert and Jill Sharrer, 155A East North Street, Carlisle,
PA, 1993-1994.
Robert and Jill Sharrer, 33H Street, Carlisle, PA, 1994-
1996.
5. The mother of the child is Jill Sharrer, whose last
known mailing address was c/o J. Jakobowski, 330 Queens Gap Road,
Carlisle, Cumberland County, Pennsylvania. Her marital status is
separated.
6. The father of the child is Robert Sharrer, currently
residing at 145 Second Street, Highspire, Dauphin County,
Pennsylvania. His marital status is separated.
7. The relationship of the Plaintiff to the child is that
of Father. Plaintiff currently resides with the following
persons:
tlAME RELATIONSHIP
N/A
B. The relationship of the Defendant to the child is that
of Mother. Defendant currently resides with the following
persons:
nAM& RELATIONSHIP
UNKNOWN
Plaintiff and Defendant executed a Marriage Settlement
Agreement on May 14, 1996 which includes a custody provision,
said Marriage Settlement Agreement is attached hereto and
incorporated herein as Exhibit "A".
Plaintiff has no information of the custody proceedings of
the child pending in a Court of this Commonwealth.
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT is made and entered into between ROBEH'l' G.
SHARRER and JILL A. SHARRER, hereinafter referred to as Husband and
Wife. The parties were married on August 14, 1991 and there is one
child born of their marriage, to wit, Christopher G. Sharrer, born
March 24, 1991.
As a consequence of disputes and unhappy differences, the
parties have separated.
The parties desire to confirm their
separation and make arrangements in connection therewith, including
the'settlement of their property rights, custody, support, and all
other rights and obligations arising out of the marriage
relationship.
It is therefore agreed:
1. CONSIDERATION
The consideration for this Agreement is the mutual promises
and agreement herein contained.
EXIIIJ1T'r A
against the other, oxcepi: any or all caUBe or caUses of action for
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divorce.
4. PULL nrHCI~SURE
The provisions of this Agreomont and their legal effect are
fully understood by oach party to this Agreement, and each party
acknowledges that the Agreement is fair and equitable, that it is
being entered into voluntarily, and that it is not the result of
any duress llr undue i"!fluence. Husband and Wife each represent and
warrant to the other that he or she has made a full and complete
disclosure to the other of all assets of any nature whatsoever in
which such party has an interest, of the sources and amount of the
income of such party of every type whatsoever, and of all other
facts relating to the subject matter of this agreement. Husband
represents that he was represented by Harianne E. Rudebusch,
Esquire in reaching this Agreement, and Wife represents that she
was not represented by an attorney in reaching this Agreement even
though she was advised to do so,
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5. EOUITAllT,E DIVISION
By this Agreement, the parties hnve intended to effect an
equitable division of their marital property, This division is not
intended by the parties to constitute in any \~ny a sale or exchange
of assets,
6. SUBSEOUENT DIVORCE
A. 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
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._- '"Eluch action wliich has beon; --may';;'r shall be iristituted"by the -oth'er
party, or from making any just or proper defense thereto. It is
warranty, covenanted and represented by Husband and \~ife, each to
the other, that this Agreement is lawful and enforceable and this
warranty, covenant and representation is made for the specific
purpose of inducing Husband and \11fe to execute the Agreement.
Husband and Wife each knowingly and understandingly hereby waives
any and all possible claims that this Agreement is, for any reason,
illegal or for any reason whatsoever, unenforceable in whole or in
part. Husband and Wife each do hereby \~arrant, covenant and agree
that, in any possible event, he and she are and shall forever be
estopped from asserting any illegality or unenforceability as to
all or any part of this Agreement.
B. ENTRY AS PART OF DECREE - I t is the intention of the
parties that the Agreement shall survive any action for divorce
which may be instituted or prosecuted by either party and no order,
judgment or decree of divorce, temporary, final or permanent, shall
affect or modify the financial terms of this Agreement.
This
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nIVIs"rotf'OF-PE"RSoil1\T, PROPERTY'
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Wife agrees that all 'Jf the property in the possession of
Husband shall be the sole and separate property of Husband; and
Husband agrees that all of the property in the possession of Wife
shall be the sole and separate property of Wife, The parties do
hereby specifically waive, release, renounce and forever abandon
whatever claims, if any, he or she may have with respect to the
above items which shall become the sole and separate property of
the other.
B, DIVISION OF MOTOR VEHICLES
with respect to the motor vehicles owned by one or both of the
parties, they agree as follows:
Husband: 1995 Chevrolet pickup truck S10
Wife: 1983 Buick Skylark
The titles to the said motor vehicles shall be executed by the
parties, if appropriate, for effectuating transfer as herein
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,,-, "prcivided, on the date of e-xecuHonq'of this Agreement or at'-any ume
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thereafter at the request of either party.
9. DISPOSITION OF PROPERTY
From and after the date of the signing of this Agreement, both
parties shall have complete freedom of disposition as to his/her
separate property and any property which is in their possession or
control pursuant to this Agroement and may mortgage, sell, grant,
conveyor otherwise encumber or dispose of such property, whether
real or personal, whet~er such property was acquired before, during
or after marriage, and neither Husband nor \~ife need join in,
consent to, or acknowledge any deed, mortgage, or other instrument
of the other pertaining to buch disposition of property.
10. PAYMENT OF SPECIFIED OBLIGATIONS
The parties agree that the following constitute joint marital
obligations which shall be paid by the following person:
A. WIFE - Credit cards in her own name.
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B,
IIUSBAND' . AniorTcariGcri'eral Ffiian'c'O"Co;'" -~2 j'OUU'
Credit cards in own name.
11. LEGM. FEES
Each party shall pay his or her own attorneys fees.
12. MISCELLANEOUS
All assets including, but not limited to, savings
accounts, checking a,ccounts" certificates of deposit and life
insurance policies shall be the sole and separate property of the
title holder of said asset.
The parties believe and agree, and have been so advised by
their respective attorneys, that the division of property
heretofore made by this Agreement is a non-taxable division of
property between co-owners rather than a taxable sale or exchange
of such property. Each party promises not to take any position
with respect to the adjusted basis of the property assigned to him
or her or with respect to any other issue which is inconsistent
9
-'-iiiformiiYfo-n" 'c'Ciiicorn'in'g' hTs"nciilTth;' "eOucat:lon 'tillU W"HU~u YU -
regular basis and shall encourage father to join in the decision
making process as to the child's schooling, medical care and other
important issues associated with his life.
Father ohall be afforded partial custody under the following
schedule:
1. Every weekend the child shall be with his father
from Saturday morning until 110nday afternoon.
2. The following holidays shall be agreed upon between
Wifr, and Husband depending on Husband's work schedule:
Easter, Memorial Day, Fourth of July, Labor Day,
Thanksgiving, Christmas Eve and Christmas Day.
3. The child's birthday shall be rotated between Wife
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and Husband.
4. I~ife shall have the child on IHfo' s birthday and on
Mother's Day and Husband shall have the child on Husband's
birthday and on Father's Day,
11
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5, Ilusoana' snaTl' -nave" 't:ne - CnlTQ"'ror "on"", \'L I . w""",""_.,,,,,,,,,,,,,,,,,,,
vacation cach summcr. llusb3nd l1<Jl'CC:; to provide \o/ilo \1ith
Thirty (30) daYIi notice of his intontion to cxerci[J(l this
provision.
B. MAKE-UP TIME - Tho parties rocognize that thoro may be
circumstances from time to time which may prevent the exercise of
custody at the agreed dates and times, To that end, the parties
agree that each will give timely and reasonablc notice to the other
of the existence of such circumstances and \1ill permit the other a
reasonable period in which to enjoy time with the child to make-up
for these lost periods.
C. ILLNESS OF CHILD - In the event of any serious illness of
the child at any time, any party then having custody of the said
child shall immediately communicate \1ith the other party by
telephone or any other means, informing the other party of the
nature of the illness, During such illness, each party shall have
the right to visit the child as often as he or she desires,
consistent with the proper medical care of the said child. The
12
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-"""'-"wor-d--t1'! 1.l'ness"....,as...'r{se'(r"~hci' rornnhaI11~'mQii'n'~' r;'ny' ",ffs iibi rrfy' ~"~wh~rcf{ ,,'", > ,1,..,.~r"~W<'"
confines the child to bed under the direction of a licensed
physician for a period in excess of forty-eight (48) hours.
D. BEST INTEREST OF CHILD - The parties shall exert every
reasonable effort to maintain free access and unhampered contact
between the child and each of the parties, and to foster a feeling
of affection between the child and the other party, Neither party
shall do anything which may estrange the child from the other
party, or injure the c::hild's opinion as to his mother or father, or
which may hamper the free and natural development of the child's
love and respect for the other party.
E. Husband shall claim the child for income tax purposes and
the parties agree that they will execute any documents necessary
for this purpose.
14. GENERAL PROVISIONS
A.
WARRANTY AS TO EXISTING OBLIGATIONS
Each party
represents that they have not heretofore incurred or contracted for
13
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'c-on'd'f'tTci'n-;-"cli:iiisc"';'-ar' . provl'Sioii"...,sl'ial'l....oc'...st'rfclfcn'...trom"-th'fs' , ,,"
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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 his or her obligations under anyone
or more of the paragraphs herein, \4ith the exception of the
satisfaction of the conditions precedent, shall in no way void or
alter the remaining obligations of the parties,
D. O'l'HER DOCUI1EN'l'A'l'ION - wife and Husband covenant and agree
that they will forth~ith execute any and all written instruments,
assignments, releases, satisfactions, deeds, notes or such other
effectuation of this Agreement, and as their respective counsel
writings as may be necessary or desirable for the proper
shall mutually agree should be so executed in order to carry out
fully and effectively the terms of this Agreement,
E. ENTIRE AGREEI1EN'l' - 'rhis Agreement contains the entire
understanding of the parties, and there are no representations,
warranties, covenants, or undertakings other than those expressly
set forth herein.
15
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K. NO WAIVER OF DEFAULT - This Agreement shall 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
provision hereof be construed as a waiver of any subsequent
default of the same o~ similar nature, nor shall it be construed 5S
K. HEADINGS NOT PART OF AGREEMENT - Any heading preceding
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a waiver of strict performance of any other obligations herein.
the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience or referenco and shall not
constitute a part of this Agreement nor shall they affect its
construction, or effect.
L. ADDRESS OF PARTIES - Each party shall at all times keep
the other informed of his or her place of residence, and shall
17
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,
thereof, the parties heL"eby agreo that tho breaching party wi 11 pay
all reasonable attorneys' fees, court costs, and expenses incurred
by the other party in enforcing tho Agreement.
IN WITNESS WHEREOF, and intending to be bound hereby, the
parties have signed and sealed this Agreement on the IL/~~.l day of
~(\ ,C{ '~
, 1996 at Harrisburg, pennsylvania.
In the presence of:
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Robert G, sharref ~
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11 A. Sharrer
(SEAL)
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF i~~~ PENNA.
ROBERT SHI\RRER
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II)
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JILL SHI\RRER
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DIVORCE
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AND NOW, .,..."".."..,.........,'.. 199~.", it is ordered and
decreed that, . , " . ll,qQ'i!r,t, ,~llll.r:t:l;!r. . .. , , , , . , , , . . " , . " , . , , . " plaintiff.
and '" .. .. .. . ,O! p,~ ,~!1,a,t:r~.r. , . .. , , . .. , . .. . , .. ' , ' , , , .. .. , . , ., defendant.
are divorced from the bonds of matrimony,
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;
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lARIANNE E. R\lDl~BlJSCn, ESQ.
s Sir noma. C\., sultal1A
",I.burg, PA 17109
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HS JILl, SHARRER
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330 CR1\TNS G1\P R01\P
C1\RLlSLE P1\ 17013
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4, The parties reached this temporary order In order to accommodate a
schedule pending a hearing, This order shall in no way prejudice either party's
rights from raising their respective Issues regarding custody at the hearing,
6, This temporary order shell remain In effect until such time as the court
has an opportunity for a full hearing on all Issues, In that regard, a hearing is
scheduled for the j 12 Lday 01 FLiJlc,uAIt...Y ,1991.' at
<:; ; ac1 o'clock A M" In Court Room Number ..1-. of the Cumberland County
Court House, Carlisle, Pennsylvania, Both parties, through counsel, will provide
each other and the court wllh a list of witnesses ten (10) days prior to the date of
the hearing along with a statement as to their expected testimony. Additionally,
both parties will submit their proposal for a resolution of the matter,
BY THE COURT,
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mlb
Marianne E, Rudebusch, Esquire
Attorney for Plaintiff ,', I I ~/1l ~
_ Q..I>-l""'-'" (}lw.-J,.., ~v I 1 I 'I '
Joan Carey, Esquire II ..J:, .~~
Attorney for Dalendant
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C,61.V '
ROBERT SHARRER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
vs,
NO, 96-1971
JILL SHARRER
Defendant
IN DIVORCE/CUSTODY
JUDGE PREVIOUSLY ASSIGNED: None (No Judicial Conflicts)
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1916,3,B(b). the undersigned Custody Conciliator submits the
following report,
1, The pertinent Information concerning the chlld(ran) who Is(are) the
subject of this litigation Is as follows:
NAME
CURRENTLY IN
CUSTODY OF
BIRTH DATE
Christopher Sharrer
March 24. 1 991
2, A conciliation conference was held on September 12. 1996. and the
following Individuals were present: the Plaintiff and his attorney. Marianne E,
Rudebusch. Esquire; the Defendant appeered with her attorney. Joan Carey.
Esquire,
3, Items Resolved by Agreement: An Interim order,
1
4, Issues yet to be resolved: Final Custody Order,
6. Plaintiff's position on custody is as follows: Plaintiff indicated that the
parties agrecd to 8 schedule which providad for alternating weekends with father
but that the mother relocated to Iowa without the father's or consent,
Consequently, father wants primary custody, Mother's position on custody is as
follows:
A, Mother Indicated that she has always been the primary
custodial parent.
B, Since the parties scparated in Merch of 1996, she Indicated
that the father hed contact with the child enly two or three times even
though the fether had the ability to have more contact, She did
acknowledge moving to Iowa but said that the father was aware of
the move,
C, Finally, she offered the father en expansive schedule of
visitation which would coincide with the child's vacation off from
school end for three weeks ever the summer.
6, Hearing expected to take one-half day,
7, Need for scparate counsel to represent child: None,
8, Need for independent psychologlcel eveluetlon or counseling: None.
2
The conciliator was able to get the parties to work out an Interim schedule to
ensure that the father has some contact with the child pending the hearing. The
Interim order should In no way prejudice either party since the purpose of the order
was to make sure thet there was no child snatching going on pending the hearing,
Date: 20 September 1996
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Michael L. Bangs
Custody Conciliator
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MARIANNE E. nUJOlElHJSCH
AITORNEY AT LAW
114~ SII Thomas 1:1
Hl/tllbury,I'A 17100
tl17111S7.()63~
~".1l57'1~1~
JdllUMY :! 1, 1997
SENT VIA FAX (240-6462)
nnd U,S, Hail
Tho Honuntble H,l 1'0 1 cJ 1::, Shee I y
Cumberlilnd C<1l1nt,y Courthollnn
One COIIl't,holllH' tiqUill'o
CRrJiulu, VA 1701:1-1181
Ru: !l6-1~17.1,Sh,lllUL' V. ,Sho1l'l'er
--,-, ..----
Ollilr ,lucJqf! Sheely:
'rhlu otfici! !'Hpl'f!/il.llltU Robe!'t flhflnl!t, till) plttlntlff in the
tlbove-co1ptnionncJ cuutudy nctinn,
A custody hOIlI ill4 1:; :lcherlllloel II" I 0['1' Yl.lU tor l"ebruilry :I,
I!)!)" ilt 9 ,1,111, in CllllrtrClom Nn, 1. 'I'hl! (lllI'tir!u have reilched .1n
lll)rOlll1l0nt ll!; to the cllfltndy I1Il1ttlo'I <\lid AttornliY ,Joiln c,lroy fl'om
LU4t\l Services flh,111 nlllllllit It to t.he C<1llrt.. T t.lw!'llfnru rrHI'lllBt.
thilt thn nc:tlfllluled heill'! nq ho r:i1ncnllud.
vory tnlly YOlln.,
)
1.,C\O/\ Q"J'~" I. /c;:,c,J,,( S d.", ().'_____..
Mnrillnnp. ~. Rudebuflch
MER(mb
pc: Joan C!lrIolY, i;;:;q.
Robart. flhtllTIH
MARnANNIE IE. RUDIEBUSCnil
ATTORNEY AT LAW
845 Sir Thomas CI.
Harrisburg, PA 17109
(717) 657-ll632
Fax 657-1512
January 31, 1997
SENT VIA FAX (2'0-6462)
and U.S. Mail
The Honorable Harold E, Sheely
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
Re: 96-1971. Sharrer v. Sharrer
Dear Judge sheely:
This office represents Rnhprt Qh.rrnr .~e plaintiff in the
above-captaioned cus'
A custody hearir
1997 at 9 a.m. in Cou
agreement as to the c\
Legal Services shall f
that the scheduled hea
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for February 3,
s have reached an
y Joan carey from
~. I therefore request
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Marianne E. Ku~ ,usch
MER 1mb
pc: JOan Carey, Esq.
Robert Sharrer
ROBERT SHARRER,
Plaintiff
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NO. (it,-1971 CIVIL
JILL SHARRER,
Defendant
CUSTODY
AND NOW,
, 7 r II
this
CUSTODY O~ J
day of {;;R'l~";' ,/;[997,
upon
consideration of the parties' Consent Agreement, the following
Order is entered with regard to custody of the parties' minor
child, Christopher Sharrer, DOB March 24, 1991:
1. The defendant, Jill Sharrer, hereinafter referred to as
the mother, and the plaintiff, Robert Sharrer, hereinafter
referred to as the father, shall have shared legal custody of the
child.
2. The mother shall have primary physical custody of the
child.
3. The father shall have partial custody of the child
according to the following schedule:
a. During the child's summer vacation from school from
two weeks after school closes until two weeks before
school opens subject to at least two days each week
with the mother if she is in Pennsylvania during the
summer.
b. At other times mutually agreed upon by the parties
if the mother is in Pennsylvania with the child
c. Other times agreed upon by the parties.
4. The mother, who currently resides in Iowa, and father,
who currently resides in Pennsylvania, shall share transportation
such that the noncustodial parent shall be responsible for
transportation at times of transfer of custody unless otherwise
agreed by the parties. If the father moves farther than one
thousand miles from the mother, he shall be responsible for the
transportation at times of transfer of custody.
5. The mother and father, by mutual agreement, may vary
from this schedule at any time, but the Order shall remain in
effect until further order of court.
6. The mother and father shall keep each other informed as
to his/her address and phone number as well as the addressees)
and phone numberCs) of the personCs) providing child care.
7. The mother and father shall allow the non custodial
parent regular phone contact with the child.
8. The mother and father shall notify each other of all
medical care the child receives while in that parent's care.
Each parent shall notify the other immediately of medical
emergencies which arise while the child is in that parent's care.
9. If the father is unable to care for the child for
medical reasons, he shall immediately notify the mother and
arrange to return custody to the mother.
10. Neither party shall do anything which may estrange the
child from the other parent, or injure the opinion of the
child as to the other parent or which may hamper the free
ROBERT SHARRER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
vs.
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 'It, -1971 CIVIL
JILL SHARRER,
Defendant
CUSTODY
CONSENT AGRr.EMENT
" ,
This Agreement is entered on this -.1 / day of January,
1997, by the defendant, Jill Sharrer, and the plaintiff, Robert
Sharrer. The plaintiff is represented by Joan carey of Legal
Services, Inc.; the defendant is represented by Marianne
Rudebusch.
The defendant and the plaintiff agree to the entry of the
following custody Order regarding their child, Christopher
sharrer, DOB March 24, 1991:
1. The defendant, Jill Sharrer, hereinafter referred to as
the mother, and the plaintiff, Robert Sharrer, hereinafter
referred to as the father, shall have shared legal custody of the
child.
2. The mother shall have primary physical custody of the
child.
3. The father shall have partial custody of the child
according to the following schedule:
a. During the child's summer vacation from school from
two weeks after school closes until two weeks before
school opens subject to at least two days each week
with the mother if she is in Pennsylvania during the
summer.
b. At other times mutually agreed upon by the parties
if the mother is in Pennsylvania with the child.
c. other times agreed upon by the parties.
4. The mother, who currently resides in Iowa, and father,
who currently resides in Pennsylvania, shall share transportation
such that the noncustodial parent shall be responsible for
transportation at times of transfer of custody unless otherwise
agreed by the parties. If the father moves farther than one
thousand miles from the mother, he shall be responsible for the
transportation at times of transportation of custody.
5. The mother and father, by mutual agreement, may vary
from this schedule at any time, but the Order shall remain in
effect until further order of court.
6. The mother and father shall keep each other informed as
to his/her address and phone number, as well as the addressees)
and phone number(s) of the person(s) providing child care.
7. The mother and father shall allow the non custodial
parent regular phone contact with the child.
B. The mother and father shall notify each other of all
medical care the child receives while in that parent's care.
Each parent shall notify the other immediately of medical
emergencies which arise while the child is in that parent's care.
9. If the father is unable to care for the child for
medical reasons, he shall immediately notify the mother and