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HomeMy WebLinkAbout96-03973 , , r}/iJi , '1.;1, , " ",\" '({/::',' ii,' I)', ~,; t'l Ith'" IIi),' It , , ~;j.l'l I~ "~ ,~ , '!."','/ I' , !, , ;,'~ ,--- ... .... I ,\"Q , ' , ,I' " '" " /I " , 1'),lt'" t'I' 'I ','I i/ I 1'/,,' " fl., " , " , , , I',' " ",! I ,/ 'I " I , ' , t.i " ii' ".1'1,' ",1,11, I " , II'' " 1.11 , I, " " '1 ;, " ,I.) , , I l' .t , " " '" 'I I, 1'1 ;1 " " I" " " ,,' I" "II " " , . I_' I., , " " ., " , ' , " " I'..' " " I " ,/ ,\ I. ,.'1 'I' "P ,I' ,'In' " ,. 'III III j " " \ I '.I, it "I '.It II: , ,II I 1 " " " ,', 'I, " , , I /. " '" , I' " " , " d I 1', I " , , ' , I, , ," , " , '.,t " 'i' I. , I' I' " I" 'I 1 " I ,I I, , " " " ,\ ", ,. , II' 'I, " , \ 'I Id , , iii 1 1/,1 "'l 'I' ,d .If , '" '. , " t,\ Jf 'I , " " 'II' "I ,I ," .' 'JI ,I, I, , " .\ d I, " 'r" " " ," 'I" 'I' , " " . " "I' I, " I ,_I' " " I " , .1. , " I, , , , " ," I ("I , ,I 'I " 'I 'l.'1 , i' " , , ," I , , '" , 'Id i' 'I " ' " ,,11(: /1 I ',I, ';'I'!!' I III '111,1 . 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" , , , I'" ,I;,' 'I , " " " " '11, ,'" , " '" " " ,lit' ", " "~ii , ,,'I ,.j " , " 4 , IInd for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIPB, each intending to be legally bound, hereby covenant and agree as follows: 1 . $!i!Pllnltiqn: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time chose 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 causea leading to their living ~part, 2. Tntt{Jl'fel'fmr;e: Each party shall be free from interference, authority, ~nd contact 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 the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence of the other, while living separate and apart. 3. $!Jp,,_eql.lflnt. Qiyorce: The parties hereby acknowledge that HUSBAND has filed a Complaint in Divorce on July 11, 1996 in Cumberland County, Pennsylvania to docket number 96-3973 Civil, Claiming that the marriage is irretrievably broken under the no- fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. WIFE hereby expresses her agreement that the marriage is irretrievably broken and expresses her intent to 2 . execute any and all affidavits or other documents necessary for the parties to obtain an absolute divnr~e pllrflllllnt tn Rection (c) of the Divorce Code. The parties hereby waive all rights to request COIJrt-ordered counsel in<] under the Divorce Code. It is specifically understood and agreed by the parties that the provisions of this Agreement a5 to equitable distribution of property of the parties are accepted by each party as II final settlement for all purposes whatsoever, as ~ontempl<<ted by the Pennsylvania Divorce Code. Should a decree, jUdgment or order of separation or divorce be obtained by either of the part illS in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree. judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement f whether or not either or both of the part ies shall remarry. It is sped f icall y agreed, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties, 4. IJ~tfJQf R)f~g!1tJ,(m: The "date of execution" or "execution date" of this Agreement shall be defined as the day upon which it is executed by the parties if they have each executed the agreement on the same date. Otherwise, the "date of execution" or 1 "execution date" of thia Agreemont shall be defined all tho date of execution by the party hat liIxecllt ing thi a AI1reement. 5. DJ.lltx-JbutJ.Qn. DfJte: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date" which shall be defined BS specified herein. 6. Hutual Rf!lf1IUHlt HUSBAND iind WIFF. each do hereby mutually remise, release, quitclaim and forever discharge the other and thQ estate of such other, for a] I t tme t.o come, and for all purposes whatsoever, of and from any and all rightR, title and interests, or claims in or against the property (inclUding income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may havo against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curte~y, or claims in the nature of dower or curtesy or widow's or widower's rights, fami ly exemption or similar allowance, or under the tntofltatp laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other ~fl testnmentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whather arising under the laws of (a) Pennsylvania, (b) any Stata, Commonwealth or territory of the United States, or (c) any country, or any rights which either party may have or at any time hereafter shall have for past, present or future Rupport or maintenance, 4 alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rlghts and obligation of whatsoever nature arining or which may arine under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except Rnd only P.:-tcppt, ,,11 ri'1ht find agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the br~ach of any provision thereof. It is further agreed that this Agreement shall be al,,1 constitute a full and final resolution of any and all claim which each of the parties may have against the other for equitable division of property, alimony, counsp.1 fees and Bxpenses, alimony pendente lite or any other claims pursuant to the Pennsylvani" Divorce Code or the divorce laws of any other jurisdiction. 7 . Adyice qf Counpe): The prov l. s ions of this Agreement a,"j their legal effect havll been fully explained to WIFE by LEONARD TINTNBR, ESQUIRE coun.sel for WIFE, and to HUSBAND by MARYANN MURPHY, ESQUIRE, counsel for HUSBAND. HUSBAND and WIFE acknOWledge and accept that this Agreement is, in the circumatances, fair and equitable and that it is being entered into freely and voluntarily and that execution of this 5 " Avreement is not the result of any duress or undue influence and lhat it is not th~ P'RlI]t nf /lny ('nllllRlnt! or improper or illegal agreement or agreements, 8. Wflrrnnty illl" t;P. 8xintfno ObJfOIft.ton/i1 Bach party represents that he or she has not herotofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party ngra8s to indemnify and hold tho other party harmless for and against IIny and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligation arising out. of thi.s Agreement. 9. BXJ.SrlNG.fHUJ'l'fi.; HUSBAND and WIFE agree that the'} existing marital debts are tho following: (a) Hecht I s Charge Card in WI FE's name - approximal (} balanc$ of $499.00; (b) Hecht's Charge Card in HUSBAND's name - approximate balance of $639.00; (c) Lowe's Charge Card in WIFE',;. name - approximate balance of $686.00; (d) Sears Charge Car.d in WI FE's name - approximate balance of $2,527.00; (e) Sears Charge Card in HUSBAND's name - approximate balance of $2.877.00; (f) Jefhrflon Bank Visa Credit Card in HUSBAND's name- 6 . approximate balance of '1,027,00; (II) B.J.'s Charge Card in joint MineS - approllimate balance of U.750,OO; (h) BI!Nlficial Consolidation [,oan in joint names - approximate balance of '3.S7~,OO; (i) Members 1st Visa Credit CArd in joint name approximate balance of '534.00; (j) Members 1st Consolidation [,oan in joint names - approximate balance of '6,641.00; (k) Montollr Oil bill in joint names - approximate balance of '912.00; (1) GECAF bill in WIFE's name - approximate balance of $290.00; (m) PP&[, bill in ioint names - approximate balance of $163.00; (n) Sunoco Credit Card in HUSBAND's name - approximate balance of $211,00; (0) [,oan for 1993 Ford Ranger X[, in joint nameF.I - approximate balance of 'S,737.00; (p) AT&T telephone hill in joint names; (q) MaNY loan in WIFF~'s name - approximate balan(,9 I)f $940,00; (r) MaNY loan in HUSBAND's name - FlPPl'oxin1l'lta bl.llatlce of $925,00. HUSBAND agrees to be solely responsible for paying the 7 balance. on the followin~l (a) Hecht's Charge Card in HUSBAND's name (b) Seara Charge Card in HUSBAND's name (c) Jefferson Bank Visa Charge Card in HUSBAND's name (d) B.J. 's Charge Card in joint names (e) Beneficial Finance Conso! idation [,oan in joint names (f) Members 1st Visa Charge Card in jotnt names (g) Members 1st Consolidation Loan tn joint names (h) Montour Oil bill in joint names (j) PP&L bill in joint names (j) Sunoco Charge Card in HUSBAND's nan"l (k) Loan for 1993 Ford Ranger XL (1) AT&T telephone bill in joint names (m) MONY loan in HUSBAND's name HUSBAND shall indemnify and hold WIFE harmless from any and all liability for the above-itemized debts. (II) WIFE agrees to be solely responsible for paying the balances of the following: (a) He~ht'B Charge Car~ tn WIFE's. name (b) Lowe's Charge Card in WIFE's name (e) Sears Charge Card in WIFE's name (d) GECAF bill in WIFE's name (e) MONY loan in WIFE's name WIFE shall indemnify and hold HUSBAND harmless from any and a'! 8 liability 'or the above-itemized debta. 10. Nllr:r..<mtY "'I to .PlIt/Jn QIM..irmt /0,,"' HUSRANO lInd WI FE lIach covenant, warrant, represent and agree that, with the exception of obligations set forth in this AC]relllllcnt, neither of them shall hllrllafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred hy the other of tor tho execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement, 11. l'Jll'ponM P,roPl1rtY: The parties acknowledge that they have divided all of tbeir personal property between themselves to the i r mutual flat is faction. Nei ther p.nt y shall make any claim to any f1uch item of marital profjlArty, or of the sl]l"'\ratp pprsonlll property of either party, except as provided for in this Agreement, which will be in the pOAsession aWl/or under t:h" control of the other, Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effects to this paragraph. Property shall be deemed to be in the possession or under the control of either part.y if I in the cas.! of tangible personal property, the item il'l physically in the possession or 'iontrol of the party at the time of the execuUon of this Agreement: and in the case of intangible personal property, if any physical or written evidence of ownership, S'.Inh as passbook, checkbook, policy or certificate of insurance or other similar q writing is in the pos~eBsion or control of tha party at the time of the execution of this Agreement. 12. Pftn6JcmIRfltJ1f1m"nt ""nflf!.tPI HUSBAND I.Il1d WrFR acknowledge that each has pension/retirement benefits, including" Thrift Savir,gs Plan in HUSBAND's name. HUARAND !>hAll be como the sole and exclusive owner of any and all pension/retirement benefits, including his Thrift Ravin'l" Plan, whether vestp.(1 or non- vested, which he has accrued through his employment. HUSBAND agrees to pay to WTFR thfl [;llIn of two t'hnllslind five hundred ($2,500,00) dollars in consideration for his retention of these benefits, on or before January 2, 1997. wrFR agrees to waive and release Any And all rights and interests she may have in HUSBAND's pension/retirement beneflts, including his Thrift Savings Plan, and further agrees to execute any and all document/> necessary to effectuate HUSBAND's sole retention of samA. WIPE shall become the Bole and exclusive owner of any and all pension/retirement benefits, whether vested or non-vested, which she has accrued t.hrough her employment. HUSBAND agrees to waive and release any and all rights .lnd interests he may have in WrPR's pension/retirement benefits, and further agrees to execute any and all documonta necessllry to e f fflctua te WI FE's lSole retenUon 0 f same. 13. Ht;leCJl:,..Jle,lIiqJft: The parti es agree that HUSBAND shall become the sole and exclusive owner of the 1993 Ford Ranger XL current.ly titled In joint ""meR, HUSBAND shall be solely 10 responsible for the balance of the loan to Pennsylvania National Rank for the 1993 Ford Ranger XL, and he ahall indemnify and hold WIFE harmlesB from any and all liability for same. WIFE agrees to fly.19cute any and all documents necessary to transfer title of the 1993 Ford Ranger XL exclusively to HUSBAND, The parties agree that. WIFE shall become the sole and exclusive owner of the 1991 Ford Escort Waqon titled in joint names. HUSBAND has oxecuted ,111 doruments necessRry to tn'lnsfer title of said vehicle exclusively to WIFE. 14. !'Cf;Qr"9<JQ,JriJc},P,Qn,9no.l,l'r9pQ,rty: Eilrh of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to disposo of the same ilS fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 15. AppJk<JPU i ~ypf . ,Tn)f. ,r,{J'fl... t.9.. ProPflrf;y uTrqnf?[QXIl: The parties hereby agree and express their intent that any transfers of property pursuant. to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (herein the "Act"), specifically, the provision:l of 'said Act pertaining to transfers of property between spouses or former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the 11 Act applicable to the transfer's set forth in this Agreement, without recognitJ.on of gllin on such transfer and subject. to the carry-over basis provisions of said Art, 16. CU"to4Yt The parties are the parents of one (1) minor Child, namely ANNEKA E~IZABETH BAUBLITZ, born August 4, 1988. (a) The parentR agree that they shall share leglll custody of ANNEKA. (b) The parllnt.:!l agree that MOTHER shall have primary physical custody of the minor child, and FATHF.R shall have partial physical custody during the school year on alternat.e weekends from Friday at 5t30 p.m. until Sunday at 6:30 p.m. In the event that FATHER must work on Sunday, he shall have partial custody'from Friday at 5:30 p.m. until Sunday at 7:30 a.m. (c) FATHER shall have part ial physical custody during the child's summ..r Vilrllt. ion from school on alternate weekends from Thursday at 10:00 p.m, until Sunday at 6 t 30 p.m. In the event that FATHER must work on Sund.1Y / h'l flhall have partial custody from Thursday at 10:00 p.m. until Sunday at 7t30 a.m. (d) In addit ion to weekends, FATHER shall have thr) opportunity to see the minor child during each week throughout the year, the day(s) and time(s) to be agreed upon by the parents. Ie) FATHER shall have partial physical custody of the child for three (3) additional weeks each year. These weeks need not be consecutive. A week shall bn defined HS sevan (7) days. (f) The parents agree to share the child's summer vacation 12 Crom sahooJ. Rach parent sh~ll be entitled to h8ve the minor child for three (3) weeks during the summar months. Theso weeks need not be consecutive. A week shall b. defined 8S seven (7) days. In thq event that both parents wAnt tho Ramo week(s) of summer custody with the minor child, the paront who gives first notice to tho other parent of her/his proferrod weok(s) ahall prevail. (g) F'ATHP.R ~hAII hilVe tht! minor child on bar birthday, Augutlt 4th, in 1997 and in nil 0dd y~"rK thernafter. MOTHER shall have the minor child on her birthrlilY, AU'J'ltlt Hh, ir. 199a ,lnd in .111 even years therell !ter. The sped C ie hnul's aha 11 bll Agreed by the parents. The parent who does not have custody on ANNEKA's birthday shall have the opportunity to soe her for a period of time on that day providing she is not away on vacl\t ion with the custodial parent. (h) Mother's Day shall he with MOTHER from Saturday at 7:00 p.m. through Mother's Day, regardless of the usual schedule. Father's Day uhall be with FATHER from Saturday at 7:00 p.m. until Sunday at 6:30 p.m., regardless of the usual weekend schedule, In the event t.hat FATHER mllst work on Father's Day, FATHER shall have cust.ody from Saturday at 7:00 p.m, until Sunday at 7130 1.1.01'1 regardless of the usual schedule, (i) , The Christmas holiday shall be shared between the parenlll oach year. MOTHEIl. f;h~ 11 hilvFl every Chr !3tml\l'l Evo, ;,lne! shall br ing the chile! to FATHER's home in the evening of December 24th sfter she leRves her family celebration. PATHER shall havp. Flvery 1'1 Christmas Eve from whonever MOTRRR hrino him the minor rhild until Christmas Day at 1:00 p.m" when hI! ~)h,,11 bdtl<;l the child to MOTHBR. (j) The Thanks\)iviull holiday Ilhl.111 b,~ altet,nated between the parents e~ch year, witll FATHER having the holiday in 1996 and in all even years thereafter from the Wednosday bqfore Thanksgiving at 10:00 p.m. until the Sunday aftllr Thnnksllivlng at 7:30 a.m" rellllrd less of the USUIl! wnekllnd flchfldule. MOTHER shall havll the Thanks<;Jivlng holiday in 1.997 and in 1111 odd years thereafter, regardless of the usual weokend schedule. (k) The Easter holiday shall he shared between the parents, with FATHER having t.he minor chlJ'! tho Thlll'f;(!ilY before Easter at 10:00 p,m. until the Saturday bofore Easter at. 7:00 p.m.; and MOTHER having the minor child from the Saturday before Easter at 7:00 p.m. t.hrough Easter Sunday. (I) The holidays of Memorial Day and Labor O",y shall be alternated between the parents each year. FATHER shall cel.ebrato Mf3modal Day .3nd r,abor Day with the mInor child from the Friday before the holiday at. 5:30 p,m. until the Sunday before the holiday at 6:30 p .m, in 1997 and in all odd years thereaftor. In the eVli!nt that FATHER must work on Sunday, hll shall have the child from Friday at 5:30 p.m. until Sunday at 7:30 a.m. (m) The Fourth of July shall be shared by the parents 'each year, Thll sped E ic tim.,,; Bh!l!J he a'JrePf1 upon by tn.. par",nt" (nl Both parents agree to permit reasoMble telephone contact 14 between the child and her parents, (0) The custody perl.ods for the SU'JImer and for holidays shall take priority over the usual alternating weekend schedule. (p) In the event that either parent rolocateR and increases the distance from the other parent's home by an additional twenty five (25) miles or more, tho parent who relocates shall prOVide all transportation for custody transfers. (q) The parent.s ,1qree that this custody schedule can be alternated or modified, for a~d in the best interests of ANNEKA, by mutual agreement. 17, Fffljyer of Alimony Pendente ,('He anflJ,eg[fl fee": party hereby waives any right to alimony pendente lite. parties agree to ba responsible for their own attorney's fees. 18. pjpclonure Rnd ~aiver of procedural Rtghtn: Each party "n~erstands that he nr she hOB the right to obtain from the other party a complete inventory or list of all of the property that, either or both parties own at this time or owned as of the date of separation, and that each party has tharight to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have Court hold hearings and make decisions on the matt'Jrs covp.red by ',his Agreement.. Both parties understand that 1 Court decision concerning the parties' respective rights and obliqlltions might. be different from the provisions of this Agreem~nt. Both parties waive the fOllowing procedural rights: Each The 15 . 11. The right to obtain an Inventory and Appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code; b. The right to obtain an Income and Expense statement of the other party BS provided by the Pennsylvania Divorce Code; c. Tha right to have the Court determine which property is marital and which is non-marital and equitably distribute between the partics that property which the Court determines to be marital; d. The right to hllve the Court decide .,my other rights, remedies, privilegen, or obligations covered by this Agreement, inCluding but not limited to possible claims for divorce, spousal support, alimony, alimony pendente lite, counsel feell, costs and expenses. 19. 1f~t"f1r pf H04iflt;:at.ion to be in Plr1ting: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be opemeo a waiver of any subsequent default of the same or similnr nature. 20, Hvtual CpOPfl1"atjpn: Each party sha 11., at any time and from time to time hereaftpr, take any and all steps and execute, acknOWledge and deliver the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the 1Ii , provisions of thl.s Agreement. /! 1 !Jp/},lj,{lllbJ.e .(,0"'1 Th i s Aqreemen t shall be const rued 1.n accordance with the lawR of the Commonwealth of Pennsylvania which are in effect as of the ~AtA of execution of this Agreement. 22. "gr!1lJm~mt nJluJing on ffe)r:f3: This Agreement shall be binding and shall lnurn to the benefits of tho parties hereto and their respective heirs, executors I administrators, successors and assigns. ;!3. ln~egr.,~l;ion: Tbis Agreement constitutes the entira understanding of the parties and supersedes any and all prior Bgreementa and negotiations between them. There are no represen~ations or warranties other than those expressly set forth herein. /!4. ,Qthe,r l)o(;/Jfflenl;atirw: HUSBAND and WIF'B covenant and agree that they will forthwith execute any and all written I.nstruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 25. !if:! ft'aiYElr 011, l)efa/JH: 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 default or br9ach of any provisions hereof be construed as a waiver of any 17 . , flubsequent defllult or breach of tha samo or slmil/lr. nature, nor sh/lll it be construed a/l II woivllr tlf Atrlct performance of any other obligations heroin, ~Ii. fl"Yflnbn Hy: If any tarm, cond i tion, clause or provision of this Agreement shall be determined or declared to he void or invalid in law or otherwl.slJ, t.hen only that tllrm, condition, clause or provision shall be stricken from thiR Agreement and in all othor reaperts this Agreement shall be valid and continue in full force, effect FInd opera I. ion, Likewise, the failurll of Flny part,y to mp.et hiH or her obI igation lInder anyone or more of tha ~aragr.aphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way nvoid or. alter the remaining obligations of the parties. 27. >>J:'~F)ch: If either piirty breachell any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, The party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcin~ their rights under this agroement. 28, He~dj,lIgp_Not Plfrt of Agrettment: Any heading precedilt'J the text of the sevllral paragraphs and subpllragr,3phs hereof are inserted solely for ronvenillncll of rllferllnce and shall not con~tituta a part of this Aureement nor shall they affect its LR " , ' .~ Cl .~ f;r; c..:. \. ~. I' ~~' ~ ') ,)~ .." ");1: ''''J '".. ')1 f.'.. :);.3 ~~.. . ,. I;~. :,'111 I" ( ,.J..~ ~\' i:r ,,)1<.1 I" . ,\lll. I' ~ r;'l , .r', ...) ~n ':''l , I " , " ' I, , , I' " ,q " '(, " " " " , I, " , , , ' " " " , ;'1 " -I.' "1' " " .' ," ,I I' " I , , I IN THB COURT OF COMMON PLBAS OF CUMBERLAND COUNTY, PBNNSYLVANIA CIVIL ACTION - LAW KIRX B, BAUBLITZ I Plaintiff I I VB, I NO, 96 - 3973 civil I BONNIB L, BAUBLITZ, I Defendant I IN DIVORCB PAECIPB TO 'l'RANSMIT REcoao 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 breakdow~ under Section 3301 (cl of tho Divorce code. 2. Date and Manner of service of the Complaint: Certified Restricted Delivery on July 20. 1996. 3. Complete either paragraph (a) or (b). (a)(l)Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff Novemb~r ~. 1996, by the Defendant November 6. 1996. (a) (2) Date of execution of the Waiver of Notice of Intention to Request Entry of a Divorce Decreel by the Plaintiff November 15. ~, by the Defendant ~mber 6. 1996. 4, Related claims pending I All issued resolved. 5. Indicate date and manner of service of the Notice of Intention to file Praecipe to Transmi t Record, and attach a copy of said notice under Section 3301(d)(1)(i) of the Divorce Code. N/A. '. "~iJ ;;: -. .~ :; lJ'; ,.. r .. ,'.... " , .1;'$ [. i; ": J;~ " '1- ,)j'; , ,I, - "2 " 1. I, " r:;l 'It!! ' , " ",' 'I. . 1,1., ,,., :.1 u r..:') l..'I ~ . . r) N .,.. ..., ~t.-:.,\~ I" ~ '- -....;;:. ~ . ~ rr-- .~ (low J: -'.) '"1 '0 \;d . Ir) ~ '\~ .- , " M ."..., .... ~ ~ ~ U~\tG o - ~;:: ::tI Ill- ~. II:c f:.:t ~ Z ;::t ~ 0 ~: ~ I- ~~i:l ~ 0( uU)~ ... >- III Zz l') ... III III Ill'" I:: Z J: 11.- ~ lrl- ,... ::1-.0 II: ,- \.;;'~ 0 ~':: ~~cZ~ -Ill 0- "'II: "'II: C J: , " Maryann Murpliy ATTORNEY AT I.AW 220' NORTH Sf-CONO STREET HARRISBURG~ PEJjtI!:SYlVANIA 17110 1117) 233-6511 IN TIll COURT or COMMON PLBAS or CUMBBRLAND COUNTY, PINNSYLVANIA CIVIL ACTION - LAW KID I, BAUBLITZ, I Plaintiff I NO, 1~ 31 ! 3 "' ' v , (',,-{).~l . BONNIB L, BAUBLITZ, , , Defendant IN DIVORCB 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 aotion. You are warned that if you fail to do so, the case may ~roceed 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 ProthonotHry, Cumberland County Courthouse, carlisle, Cumberland county, 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 HAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAW'IER 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. CUMBERLAND COUNTY COURT ADMINISTRATOR Cumberland County Courthouse, 4th Floor C~rlisle, Pennsylvania 17013 (717) 240'.6200 f;: '" ~,: ~~ .oJ r . ~~\~ i\j " ,1.t ~~ :1'': :J~ Q.. ~ ~~ '1 Uc:, , ~ L; 0'1 ~.;~ N Q ~: t1 1i1!'e ~I)J U. ~ '^ tj t,~ d .......... f'\"') .~ ~.> .... ~ 0~'\<. " , , , ' " . ., , , , " ,! " . Clough & Murphy AI'l}M.N(~'y'!j &. nJlJNsn.oRS AT lAW K4~ SI, 'Thomu, COu", SIIII< I J /\ lIurrb~II';., 1'/\ r7ll)1j (717) ~4l).~IIH' " , , , ' ~~ ~ e-I<!lg; =:I lt1.1l- ~ ~ ii'~~ ~tS::~ e>(l e ~ ~ ~ ~~ ~ l ~ O~Vl o ~ ~ ',' , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KIRX E. BAUBLITZ, . , Plaintiff I I v I NO. 96-3973 Civil I BONNIE L, BAUBLITZ, I Defendant I 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 fall 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 r.elief 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 mar'riage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, CarliSle, Cumberland County, Pennsylvania, IF YOU DO NO'l' FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE 'rHE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD '1'AKE THIS PAPER '1'0 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. CUMBERLAND COUNTY COURT ADMINISTRATOR Cumberland County Courthouse, 4th Floor Carlisle, Pennsylvania 17013 (71 7) 240-6200 IN THE COURT OP CONNON PLBAS OF CUMBERLAND COUNTY / PBNNSYLVANIA CIVIL ACTION - LAW KIRK B, BAUBLITZ / : plaintiff : , , v, : NO, 96 - 3973 civil : BONNIB L, BAUBLITZ, : Defendant : IN DIVORCB ~DED COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, KIRK E, BAUBLITZ/ by ~nd through his attorney, Maryann Murphy, Esquire, and amends the Complaint in Divorce as follows: 1. Plaintiff is Kirk E. Baublitz, who currently resides at 127 South Market Street, Mechanicsburg, Cumberland county, Pennsylvania. 2, Defendant is Bonnie L, Baublitz, who currently resides at 235 Locust Point Road, Mechanicsburg, Cumberland County / Pennsylvania, 3, On July 11, 1996, Plaintiff filed a Complaint in Divorce Under Section 3301(c) of the Divorce Code. COUNT II COMPLAINT IN CUSTODY 4, Plaintiff hereby incorporates by reference Paragraph 1 through 9, inclusive, of the Plaintif.f's original Complaint in Divorce, 5. Plaintiff and Defendant are the biological parents of ona (1) minor child, ANNBKA BLIZABBTH BAUBLITZ, born August 4, 1988. 6. 'L'he child was not born out of wedlock. The child currently resides with Defendant at 235 Locust point Road, Mechanicsburg, Cumberland county, Pennsylvania. 7. During the lifetime of the child, she has resided with Plaintiff and Defendant until the parties' separatJ.on. 8. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or any other court, except as set forth above. 9. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 10. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child, or claims to have custody or visitation rights with respect to the child. 11. Each parent whose parental rights to the child have not been terminated, and the persons who have physical custody of the child have been named as parties to this action. There are no other persons known to have or claim a right to Gustody or visitation of the child and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 12. The best interest and permanent welfare of the minor child will be served by granting shared legal custody to Plaintiff and Defendant, primary physical custody to Defendant, and partial C:I ',.., , .... ,,:; ll: '''"', f! '-"I .. .1j , , ('-: r.',:"., ~.. , I', >-.. , t7. ., -" ,Ir..:l Ii', ,\. Ol~. C'J ,'0 (.':11' ,....,: I~ JI' ;:,.. '1& ti'l .-,1 I,:':' r' ..-., ~.. :',) 1.1. U'l ,,l Ci (J\ , " I ,\ I I I, I' I, 'I "ll' " 'I, , , , , , " , ' " I' ,III , , 'Iii' I i' " . , I' " " " " ,j , , , .' " , ,If , " , I, . " , I " " " . , . I . I ~ ('<J :,.. Lr. ,'. r .,. " , .. "L.~ , N 1),lfJ . " " ,>. )~~ , , it I,.... , ::1] , ' J,_ C 0:1 A~ . ~~ - .....1 I, . " ::>- .:J:;E i-I. ~" :1 :'. . . ~, " " I'. \J') .I (J 0' ',oJ " , . ., I I. " , I , iF' , " " ,il " I, " , 'i , , " " " , , , " " , , , "'II , " , , " ,I " I, , , , I , " , " illl , , , i'l " , , ' " " " . ., " . , IN TUB COURT or COMMON PLBAS or CUHBBRLAHD COUNTY, PBNNSYLVANIA CIVIL ACTION - LAW KIRK B, BAUBLITZ, I Plaintiff I I V, I NO, 96 - 3973 CIVIL I BONNIB L. ~UBLITZ, I Defendant , IN DIVORCH , AFPIDAVIT or CONSENT AND WAIVER OP COUNSBLING 1. A Complaint .in Divorce under section 3301(0) of the Divorce Complaint was filed on July 11, 1996. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of f.iling the Complaint. 3, I consent to the entry of a final decree in divorce after service of Notice of Intention to Request Entry of the Decree. 4. I have be!!n 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. Being so advised, I do not request that my spouse and I participate in counseling prior to a Decree in Divorce being handed down by the Court. A Int). DATH ft, 1t J 6i cf 1 Ie;! '.' J;lUlU!, A 'C?u~ BONNIH L, BAUBLITZ 'I , , " , ' I, ,', 'I). I;' ;, " I " ,) " ~ C\I , ',.. " ~I~ lJ~ , . r h, N 'Irs , , ~' " , ..- )", , f.[ '. ,,~ c_ ');) " ~(" 0."1 :....-':"' . I;'. '12 .1.. - , ... ,', ::~... iI$ 1" L; ,'1 ..,,, ':.'~ - II.. t" :;) v en v I , , , , , " " I,' " , , , . . . . ' , IN TIIB COURT or COMMON PLBAS OF CUMBBRLAND COUNTY, PBNNSYLVMIA CrVIL ACTION - LAW KIRK B, BAUBLITZ, I Plaintiff I I V, I NC). 96 - 3973 CIVIL I BONNIB L, BAUBLITZ, I Defendant I IN DIVORCE WAIVER or NOTICE OF INTENTION TO REQUEST BNTRY OF A DIVORCE DECREB UlfDBR SECTION 3301(c) of the DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 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, 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. Section 4909 relating to unsworn falsification to authorities. Date: //- f, ~)? '~{h(H u ,J I..~(( bl.t- BONNIE L, BAUBLITZ / .