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HomeMy WebLinkAbout96-02706 'ifl''\ifj,'1jj,;,,..',,,..,.,' . \?i:t~f.-)41iE..r,;;efl.,* ~~?,r' r;~,~~~:" ~':~'1 "... ", ....., . ROXANNA L. DeBIASE, Plaintiff, IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENIIA. vs. No. 96 - 2706 DAVID A. DeBIASE, Defendant. civil Action - Divorce PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY. Transmit the record, together with the following infor- mation, to the Court for entry of a divorce decree. 1. Ground for divorce I irretrievable breakdown under Section 330l(c) of the Divorce Code. 2. Date and manner of service of the Complaint. First class mail, return receipt requested, restricted delivery on May 16, 1996. 3. Date of execution of the Affidavit of Consent required by Section 330l(c) of the Divorce Code. by Plaintiff on September 16, 1996. 4. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree Under section 330l(c) of the Divorce Code. by Defendant on September 16, 1996. 5. Related claims pending. None. IRA H. WEINSTOCK, P.C, BOO North Second Street Harrisburg, PA 17102 Phonel 717-238-1657 By. \_)1" /1. (, ,,("llll IRA II. WEINSTOCK ( .-- ~'- ..,..____----..-...--.,.-,,-,.~,........"'.. .," "'_~, ._.--__.____._'0'''.. Ul r5 . . !il ..... '-' 0 H' ..... ~ 8 0.": .... III a.; ~~ '-' '0 gj ~ w ~ ~ ~ Iii U .... <lJ ~o. ~ III ..... f-< o ~s ~ 0 . ..... <lJ H o ~ o . :> w 0. 0 :E B u>< H Ul . Ul .... ",> f-< 0 ..:: w ~ 5 ~a~! I ~ t \j~ H . Vl I III 1Il ..:: 0'" <lJ :> H ~ l<l ~ U f-<U cz 0 III i g; 1'0 <lJ 0 ~ ii ~NH . 0 f-< 8~ I ~ H W . ~ ..: 0. :J: :: w '" H ~ "'::1 0 u ~ ~ H ~ e .:> :> ... z OH 0 ..: H zu ~ 0 0. , , \ ,. .\,\ " " PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this /(,.//' day of ~"'I'(\ ..d,,, 1996, by and between ROXANNA L. DeBIASE, hereinafter called "Wife", and DAVID A. DeBIASE, hereinafter called "Husband". WIT N E SSE T HI WHEREAS, Husband and Wife were legally married on April 22, 1989; WHEREAS, differences have arisen between Husband and Wife in consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and deter- mine their rights and obligations. NOW THEREFORE, in consideration of the premises and covenants contained herein, it is agreed by and between the parties hereto thatl 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCES. Each party shall be free from interference, author- . ity and control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peace- ful existence, separate and apart from the other. Each of the parties hereto completely understand and agree that neither shall do or say anything to the child of the parties at any time which might in any way influence the child adversely against the other party. 3. DIVISION OF REAL PROPERTY. (a) Wife agrees to transfer all her right, title and interest in and to the real estate situated at 155 Bobby Jones Drive, Etters, Pennsylvania, now titled in the name of Husband and Wife and agrees to execute any and all deeds, docu- ments or papers necessary to effsct such transfer of title upon request. Wife further acknowledges that she has no claim, right, interest, or title whatsoever in eaid property and further agrees never to assert any claim to eaid property in the future. Husband agrees to indemnify and hold Wife harmless on the exist- ing mortgage on the real estate. (b) Husband agrees to pay Wife $15,000.00 for her interest in the marital home, as follows: $15,000.00 payable to Wife at the time the divorce becomes final. - 2 - , 4. DIVISION OF PERSONAL PROPERTY. The parties have divided to their mutual satisfac- tion, all personal property owned by them during the marriage including, but not limited to, housshold goods and furnishings, personal effects and other property used by them in common and neither party will make any claim to any of the personal property presently in the possession of the other. Should it become necessary at any time for either party to execute any titles, dseds or similar documents to give effect to this paragraph, it shall be done immediately upon request of the other party. 5. VEHICLES. (a) The parties agree to divide the vehicles as follows: Husband shall receive the 1994 Ford Explorer. The Husband agrees to be responsible for any obligations regarding the 1994 Ford Explorer, including the existing loan, taxes, registration, etc., and will hold Wife harmless in regard there- to. Husband will take the necessary steps to have Wife's name removed from the existing loan. Wife agrees to transfer her interest in the 1994 Ford Explorer and will execute any necessary documents transferring said vehicle to Husband once Husband receives the title. (b) Husband will receive the 1985 Chevrolet Luv truck which is currently titled in his name. Husband agrees to be responsible for any obligations regarding this vehicle. (e) Wife will receive the 1995 Toyota Camry which - 3 - is titled in her name. wife agrees to be responsible for any obligations regarding this vehicle. 6. PENSION PLAN. David A. DeBiase agrees to relinquish all rights, title, and interest he may have in any and all of Roxanna L. DeBiase's pension(s) or in any other monies Roxanna L. DeBiase is or may be entitled to receive now or in the future. Roxanna L. DeBiase agrees to relinquish any and all rights, title or inter- est she may have in any pensions or other monies that David A. DeBiase may be entitled to now or in the future. 7. CHECKING AND SAVINGS ACCOUNTS. The parties have divided to their mutual satisfac- tion, all joint checking and savings accounts. Husband has already given Wife $5,000.00 from his savings account. 8. TIME SHARE IN ARUBA. Wife agrees to transfer all her right, title and interest in and to the time share located in Aruba to Husband, Wife agrees to execute any and all documents or papers necessary to effect such transfer to Husband upon request. Wife further acknowledges that she has no claim, right, interest, or title whatsoever in said property and further agrees never to assert any claim to said property in the future. lIusband agrees to indemnify and hold Wife harmless with regard to the time share. 9. MISCELLANEOUS. lIusband agrees to give Wife a gift certificate from - 4 - Seara in the amount of $1,000.00 to purchaae a major appliance. 10. BREACH. If either party breachea any provlaion of thia Agreement, the other party ahall have the right, at hia or her election, to aue for damagea for ouch breach. The party breach- ing thia contract ahall be reaponaible for the payment of legal feea and coata incurred by the other in enforcing hiB or her righte under thia Agreement, or aeeking ouch other remedy or relief aa may be available to him or her. 11. FULL DISCLOSURE. lluBband and wife each repreaent and warrant to the other that he or ahe haa made a full and complete diacloaure to the other of all aaaeta of any nature whataoever in which auch party of every type whataoever and all other facta relating to the aubject matter of thia Agreement. 12. ADDITIONAL INSTRUMENT. Each of the partiea ehall on demand execute and deliver to the other any deeda, billa of aale, aaaignment, conaenta to change of beneficiary on inaurance policiea, tax returna and other documenta and do or cauaed to be done any other act or thing that may be neceaaary or deairable to the proviaiona and purpoaea of thia Agreement. If either party failB on demand to comply with thia proviaion, that party ahall pay to the other all attorneya' feea, coata and other expenaea reaaonably incurred aa a reault of ouch failure. - 5 - 13. WIFE'S DEBTS. Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmlees from any and all claims or demands made against him by reason of debts or obligations incurred by her. 14. HUSBAND'S DEBTS. Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 15. WAIVERS 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 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 marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, to the request of the - 6 - 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. 16. REPRESENTATION. It is fully understood and agreed that each party has the right to have advice of independent counsel prior to the signing of this Agreement. By the signing of this Agreement, the parties recognize that he/she fully understands the legal impact of this Agreement and waives his/her right to have the Agreement reviewed by an attorney of his/her choosing, and further intends to be legally bound by the terms of this Agreement. 17. EFFECTIVE AGREEMENT. This Agreement shall bind the parties, their heirs, executors, administrators and assigns. lB. VOLUNTARY EXECUTION. The provisions of this Agreement are fully under- stood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth - 7 - herein. 20. PRIOR AGREEMENT. It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. MODIFICATION AND WAIVER. Any modification or waiver of any provieion of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. GOVERNING LAW. This Agreement shall be governed by and eha11 be construed in accordance with the laws of the Commonwealth of Pennsylvania. 23. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement, 24. 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, - B - 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. 25. ENTRY AS PART OF DECREE. It is the intention of the parties that this 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 Agreement shall be incorporated, but not merged, in any final Decree in Divorce. 26. WAIVER OF CLAIMS. With the exception of the specific terms of this Agreement, the parties waive any claims they may have against the other under the Divorce Code of the Commonwealth of Pennsylvania including, but not limited to, alimony, alimony pendente lite, counsel fees, costs and expenses and equitable distribution. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, havs hereunto set their hands and seals the day and year first above written. - 9 - " WITNESS' h . '- ,(,It//I. 1\ ,t/Pl / /...-) " I / /' I ./;J;;~/~~<-~j -) . , J- ,1(.. l...... ,~ A L (..h ,1 L..... ROXANNA L. DeB ASE /'" .:Jr, / f ,'~'p~/";~~/'2 ' . I . ...:;. .o:..Jo"f'1l~ DAVID A. DeBIASE - 10 - ".' , I ,. , I' , . " '1 'd 0 ~ nZnH ~ :t- O HOC::Z .... 0 <: ~ <:. ffi ::0 'd H H >-3 i ~ ~ 0 ~~~~ Z 0\ M I :t- :t- :t- . n I n 8 ' ~ >-3 0 [tl 0 . HNt:lc:: i~h ~ l1> <: O~ ~ txl IJl t:l zon>-3 H . ro 0\0 . ~I ~ Z 0 I :t- txl I C::O t:l Ul 'd H nz"l i!i g en :; l1> M ..... :t- 0...,>-3 . is d S ...., . '" [tl H<:o<n I\l i~ ~ l1> ...' M <........ 0 ;) ;) . 0..... ~ 0 P- rt ~ 'd Ia ~ ~ ~ '" .... n>-3MO ;) ...., Ml1>~Z rt ...., ~ 'd :u . . 0 ! . ~ [;l ~ Ul ROXANNA L, DeBIASE, Pll'intiff, IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. vs. No. Ill" _.)'.','.., ("/~la' -7-""j DAVID A. DsBIASE, De:~endant. Civil Action - In Divorce S:OMPLAINT 1. Plaintiff, Roxanna L. DeBiase, is an adult individ- ual residing at 611 Mallard Road, Apartment 5-B, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant, David A. DeBiase, is an adult individual residing at 155 Bobby Jones Road, Etters, York County, Pennsylva- nia, 17319. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Defendant has been a bona fide resident of the Commonwealth of Penn5ylvania for at least six months immediately previous to the filing of this Complaint. 5. The Plaintiff and the Defendant were married on April 22, 1989 in Dauphin County, Pennsylvania. 6. There have been no prior actions of divorce or annulment of marriage. between the parties. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage iE irretrievably broken. 9. Plaintiff has b~en advised that counseling is -. , " , - Ul r:i 0 >-l . . . "".0: ..... +' ~ Z ..... r:: ~ g affi ~ --1 III U :.l " u .... 'tl ~ III ~"" l>: r:: r:: o is <D 0 . '-1 CIJ o ~ ~ o . :> ~ III ..... B u>< H Ul .... . CIJ Ul E-t Q .0: "" ~ Q E ~8~11~ . [j~ H Ul c:... I III .0: 0 0 OlD CIJ H ~ ~~il I E-tUOZ Q . III E-t j l>: 1"0 en CIJ H P!NH . :> 0 ::: o E-t >-l U I U . Q .0: ~ .0: H ~ ~ M lD c:... :: =~"'H 0 ~ < E-t~ H H ~ .:> ~ Z OH 0 - H ZU l>: 0 ,- , ~. ,. . ~ l , I " I ,ill I . ! , ; . - . . . .. ' III f;j . . ;J U H' .... c: P<R; .... III a.; Z$a '... '0 ~ ~ ~ ;J c: :J It; O~ U c: QJ ~P< D: '... .... III U ....:$ ~ 0 . 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