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Home My WebLink About96-02845 \ " " " " I: ~t~t .. ..... ! ~ '! ~ ~ 1 ~ " '~ , I , , , 'T I', .' " ,/ " ", " " , , 1 I '.'1' , ! , I '" I I " ;1, " ,II , , , c J.~ I " " , J,' ~ , .. '~ ... '-J , " " '". :)0. 0- ~ ': 'j , ~ " , (/.1 ',1 -I ~I -:c- .:c. .:c- ... .:c. .:.:. .:.:. .:c. ...... .:<<. ... .:.:. .:t:- .:.;. 8 .._,--,~_._".. -- _.' --,--- --." . . "... . 8 8 81 *1 I!I 8 ~i * 8 8 ~ ~~ . . .:.:' ':.:' :.;. ':.:. .:to:. .:." :. .:C. ':41>, .:c' .:c. .;c, .:.:. .:c. {c. .*"., . .".., '.., . ... ,.. , ' ,"", --" . $ 8 8 8 8 8 8 8 8 8 8 8 8 8 8 ~" 8 8 ~ I~ I, I~ (,;, (., 18 I~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND STATE OF ;~. ~~~~ DECREE IN J DIVORCE ()Q4Wl'9, 19f~ Joy~e N. Bernabe Plaintiff \' (' I'.~ ll; .. ., Vincent Bernabe, Jr. 8 8 ~ .. ., ~~ ~l . i ~ 8 8 8 8 8 ~ 8 8 8 ~ ~ 8 ~ 8 . ~ -"'" " . . -- ,<<, .a ... -w.. 'lOC. . Defendant AND NOW, COUNTY PENNA. i\: () . ~6:-~845 ",., '" "" 19 it is ordered and decreed that '" . Joyce N ,', ,Bernabe , , , , , , , , and, . , , ' . , , , , , , , , Vincent Bernabe, Jr, are divorced from the bonds of matrimony. , , . '. plaintiff, , '. defendant, .. ., (M I~ I.:, :~ ;8 ,,, ~ :~ The court retains jurisdiction of the following claims which have been raised of recor~ in this action for which a final order has not yet been entered; \\J~. The Property Settlement and Separation Agreement between ti.es. is ,hereby , incorporated ,butn~t rn~ged. ' ' i I~ I ~., Ii v Th (' c"u~,.t' ,I V' ' A".'~ ~~d~ I:' ~. "",~,.r.:7 'r.~/I,c ,.r >>~(. f.;b~ ,/ ,J ? Prnlhol1olluy ':'~ I' .~ * ~ ',I J. " <. '~ :'- .~..~.~..~.~.,~"~.,~.:~.*.,~"~,.*..~"~,.**.~, ", I f I I' I ., (),,~ l~ /H~~ ,j.&4 i:k~ '11~ ~~4,/ ~ ,(;;If ~ 1 j I fJ..Jo .ff f:.:kJ 7';' " :, 'I , , " . . or deem fit. (2) Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of. execution hereof. (3) The parties are the owners of certain real estate with improvements thereon erect~d known as 57 Leeds Road, Newville, Cumberland County, Pennsylvania. Wife agrees within thirty (30) days to convey the real estate to Husband by special warranty deed. Husband shall assume full responsibility for all household expenses, including, but not limited to the mortgage to PNC Bank, as well as the home equity loan, liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, Husband agrees to hold Wife harmless and indemnify him from any loss thereon. Husband agrees to refinance said loan obligation on the SAlOIS. SHUFF & MASLAND A~,,'NA.W premises and pay to Wife the sum of $57,250,00, which represents her share of equity in said premises as well as her share of equitable distribution in other marital property. (4) In the event that either party contracted or incurred any debts since the date of separation on December 15, 1993, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. JaW,".""I"" CoIIIII.. 'A Husband and Wife acknowledge and agree that they have no other outstanding j oint debts and obligations. (5) Each party relinquishes any right, title and interest ! I he or she may have to any and all motor vehicles currently in possession of the other party. Each party shall execute any documents necessary to have said vehiclea properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. (6) Both parties agree to cooperate in obtaining a divorce under 3301 (c) of the divorce code. (7) The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. SAlOIS, SHUFF & MASLAND ....---......TIlAW a. W, HI" IITttI CIIt..... fA (8) Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the othel:' party, including Husband's pension, 1l01K plan, and annunity to Federal Kemper, which ghall go to Husband, including but not limittd to stocks, bonds, insurance, bank accounts, retirement accounts. The parties agree that Wife shall keep three of the United States Savings Bonds and Husband shall keep two of the United States Savings Bonds. (9) Except as other.wise provided herein, Husband shall not pay to Wife nor Wife to Husband any sum whatsoever as alimony, alimony pendente lite, or for his or her support or maintenance. Any agreement for support previously entered into between the parties is hereby null and void. (10) Each party is now represented by counsel of his and " her own choice, and each shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf . (11) Neither party shall contract OI' incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (12) Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the SAlOIS. SHUf'F & MASLAND A~ANAW other party any and all further instruments that may be reasonably required to give full force 3nd effect to the, provision of this Agreement. HW.Hlp_ ColI..... PA (13) The parties do hereby war.rant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any fur.ther enumeration or st~tement thereof in this Agreement is specifically waived. (14) Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no ~ompulsion to do so but as a voluntar.y act. (15) It is further specifically und~rstood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims which have been raised or may he raised in an action for divorce. SAlOIS, SHUFF &. MASLAND ..........."NA\If 16 W. HI"''''III Co....... p" (16) Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions, expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of curtesy and dower and all claims or rights in the nature of curtesy and dower; D. All widow or widower's rights; E. A).l rights, title and interest or claims in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the ocher's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state SAlOIS. SHUFF & MASLANO A~ANAW 11 W, HI'" SIr... CorIIolt. 'A or political subdivision. r. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; I SAlOIS. SHUFF & MASLAND "~ATtlAW J6 W. Hlab SItH! ClrlIII., PA H, All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, Act 26 of 1980, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (17) This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. I f any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (18) In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (19) In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees, court costs and expenses incurred by the other party in enforcing the Agreement. (20) This Agreement constitutes the entire understanding ! I , between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. I' (21) This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. .\ SAlOIS. SHUFF & MASLAND A'I'IIIIIInIIA'hU.W UW,Hlp_ Colt..... PA " , " 1 I , , i " \ I I . IN WITNESS WH~R~OP, the parties hereto intending to be legally bound have horeunto set their hands and seals the day and year firut wdtton abovo. wr,~. JOY"r,', ~'~~~C:"l,::/I Wil:ne,?",,~ - V neent /! I.:.L0 ~d 1<(, . Bernabe SAIDfi. SHUFF .. MAILAND ...-............11I " W. Illtll...... CMI... ,,, .. . JOYCE N. BERNABE, Plaintiff va. VINCENT BERNABE, JR., Defendant . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION . . NO. 96-2845 CIVIL TERM PRAECIP~ TRANSMIT RECORD To the Prothonotary: Tran.mit the record. together with the following information to the oourt tur entry of e divorce decree: 1. around for divorce: irretrievable breakdown under 53301(c) xl~~~) of the D~vorce Code. (Strike aut inapplicable sectian). 2. Date and manner af service of the camplaint: cetlifled mail 5/28/96 lsee attachAd\ J. Complete either paragraph (a) o. (b). (a) Date ~f executian af the affidavit af cansent required by S))Ol(c) of the Divorce Cade: by plaintiff A/lA/9FJ by defundant 8/13/98 (b)(l) Date af exqcutian of of the Divorco Code: service of the plaintiff's the affidavit required by ___: (Z) Date of filing affidavit upan the r~spondent: S3J01(d) and 4. Rolated claims pending: nane 5. Complete either (a) or (b). (a) Date and manner af service of tt,e natice af intentian to. flle praecipe to transmit record. a capy af which is attached: ---- (b) Date plaintiff's flled with the Prathoncta~y: Date defendant's tlled with the Prathonotary: Waiver af Na~ice in ~301(C) ~r d~ IJ <J Waiver af/,a. tice in,53301(c) .~ (ii) 11~'1J f Di',or.::e was Divorce was ", , , ir. ::r .~ .:I r! .; f~j ,.., r-; "', '-,r. ~~,: (.J":,. (~ ~..~ (J;r: I: .1 ~ ,..,..:j ~jf' ':;;i " "'I ' { 1-'~' Cl ('oj .'-.~ 0... " '~~ Et:ll, W t',) "I. V) " f -j 1.L. m 0 0' U \ I , , , ,J - . " " JOYCE N. BERNABE, IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA . Plaintiff . . e ,.(11- NO. 96 - .Jl ',l Lt."" ,ll'" I v. . . VINCENT BERNABE, JR., . . Defendant . IN DIVORCE . AFFIDAVIT I, Joyce N. Bernabe , being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling. (2) I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. (3) Being so advised, I do not request that the court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the court. 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. SAlDIS, GUIDO, Date: SHUFF It MASLAl"D 26 w, Hl.h Suect Citll.II,PA 5-c:;~ ~ 9& ~"~~ I i i I I Q\ ~v. .... ,,.. ... 0- " '" ~~ ~ rJ. ~ " I . ;> g (.) ., "", VI Iri 0 .... <- .... ~ ' . eo " [ ~ H ~~ ' Q ~ Z lIoo~ -< I! ., ~ ~ '" .... .: u rIJ !;jO~ ~ ~ -< ,.. .... . In 2:j~~", ..l ~ .: o ~ ., Q) H ~~ ~ .: .... Q U. ffi~ ~1 '.l ~ Q) ~~~~~.[ a ~ ~ Q :z: lIoo ~ H ~u f:i . :z: ~ o:CllJ~ III gj :s ~ ' . iil 8~ ~ ~ > H ",lIooEJ-O ~ :i . l!l ~ g: . ~ ~~ :z: Eo< ~ ~ u :z: tl tl e ~~i~ u >< :z: -< 0 H I-) > rIJ SAlOIS. SHUFF & MASLAND "~,,".u.\II' 16W,"."'_ em..... 'A -' JOYCE N. BERNABE Plaintiff IN THE COURT OF COMMON PLEAS OF r CUMBERLAND COUNTY, PENNSYLVANIA NO. 'it; . )1fi{..1' v. VINCENT BERNABE, JR. Defendant IN DIVORCE DEFENDANT/S AFFIDAVIT OF CONSENT. ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A 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 July 10/ 1995. 2. Defe~dant acknowledges and accepts service of the Complaint on May 28/ 1996. 3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of dJ.vorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not cla~m them before a divorce is granted. 6. 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. 7. I have been advised of the availability of marriage counselling and understand that I may request tClat the court require counselling. I do not request that the court require counse lUng. 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 :::::~n f:~t icati~'r~ autho7S~1 k, I" J J" . ~ncer: Bern~ ~ Defendant . , I " , , ~ ,..:f ~ .:J 5 c.; ",':' ::::l~ ~'5~:: (L~ ffc ~:: ,)-" 'it 0.. . :'.,1.: 2..-: :',lr.::j ~;.~' N ,;' Iii N '....- 0.. I. ..", 'I' ....1 ",If.'o f- ::.It:;:; " Vl -.1; ", V) s- o ;;;J C/'I <) , . JOYCE N. BERNABE, Plaintiff IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA a ~ - .:l J' t-,S- CIVIL TERM v. VINCENT BERNABE, JR. Defendant I IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND ~OF NOTICE OF INTENTION TO REQUEST ENTRY OF A 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 July 10, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree of 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. 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. . I .. , I JI )v (. Y '. : / !{. ,'. DA'l'Ii:D: {j' r; - " ,"}, ~" " i.' V!'I"~(..d . J.oYC~/N, Bernabe, Plaintiff SAID IS. SHUI-'F &. MASLAND ...............ATlU.W HW.HI"'1lr1ll Colllllt. PA ., . .;1 1-1' ',I') ," " \;'. , .. .1 " ",'.; , , I',' " \.... 1 (~l', I' .1" " C.', I I" L' ' ';., .:' , ". 1 J 1', , "l ~ ',;. I ,vI l' ('"f1 ;";:J U U' U . ~ . SAIDlS. SHUFF & MASLAND A'ftraIlmIIIAN.AW a. W. HI'" IU", Carllllt,PA JOYCE N. BERNABE Plaintiff t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.9' -OJ,!'YS- VINCENT BERNABE, JR. Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT. ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A 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 July 10, 1995. 2. Defendant acknowledges and accepts service of the Complaint on May 28, 1996. 3. The marriage of Plaintlff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. 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. 6. I understand that I will not be divorced untH 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. 7. I have been advised of the availability of marriage counselling and understand that I may request that the court require counselling. I do not request that the court require counselling, 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 fa;;Zi,catiO:":' ~~ authoUes. ;{ '] DATED: l_. 13 /7'-' Irv\L . ~1,~ Vincent Bernabe, Jr. Defendant . M . , " I , ,I " , , .' , '," In - ,. r ,,", le. " .. .~ ..~;. 1\ ":':" '.'~ " "f -"~ } t: I... r , , , , (' , " , I \' r i (1 , , eI. L' , "\11.. ,,:. o' " ~"~ I :.' " , v-' (), "