Loading...
HomeMy WebLinkAbout96-04200 " )! ! " "- ,j -.. c'l ~ .J.. ~ " .... -.. , .a li) :-- .' " ,,' " \\ \'1'; " " " II I' I , " 1,1 ,I, " , I,) , , " . I' ~ '\ .,. ,I . -..) 0- ~ "I! , , " " , , , , , " " " , " ,Iii ','I, 11'1 'II " " , " 'I 'I' p " 'II " ," , I " , 1\ I I' , " I' 'I " , ," " II ','1'1., " , " , I.t ;1 "Ii , , " I" " il I , " ,II I' " I , " ,,' 'II , 111 'I, u.l1 \' )ii , " ; I! " " " I' , I , " ,I I" ," , 'ii i , , 'II , I, ,I , 'I 'I' , " " " , " ,,1 'I ,,,' 'I I 11":\ " 'q I',' ;1' " Ii , , , ',' , ' i\' , , JI , , I, 1, , , , ,I " \i ,I , , " , , , , " , ,',j , , iiI' " " q " , " " ',II f'l' , , " , " " ,I , i,1 , " " , 1\ " I " " ,I, " ,,' " ,,' , I I' , " " , " " 'I, " , , " ;11 1,1\,: ,"~ , , ,I , , .,' , Iii " " 1\ j1 , I, " " , " , ., .I" ',l ',' " " ,III 'I, " " , , /1 I' , , i " , , , , 'II , I " II /i II' I " , , i' 1\1 '1., 11 III , I , I ',,11 " i, ' I " 1 i , " , " 1',1 " ,1,1 I II " ,I :/' I ~ " i,1 : i I , ,f! """ \,\ I , ,II til \1, i-I' , II, '.' I ,',' , II " \, ,,(I,I, :r. I';" , , , .,1 "1 d . i il. ti. I, , ".,1 .il '" .1 ',i1.') 1'", 'lill " i' " , il I" li'l 1;\ , i Ij; " .., '/'1 ",'" " , " , , ,q I', ,', , " I , I jli', 1'111\ " ,,' ',,1 " 1,1 , , II' , ,II :t\ I' , II ", , ", , , " .1. " " " " Ij; " " " " il,,1 iI' " '1\ ',I, " , ,.'1' .. I I h 1"\, I, I'll"",":. j'l '!I.,', .'J'l '1IdIII-\ li':1 ,("_,'.11_;; d \1,/,'1' \!,_ :idr;':"'tl ,j I, li"I~lrf f;\ II "I \',1: "lllb!V" - ','" ';"'1 II",';,;], :-\1,\,) J\:I','!'\('; 'I' :,,:;I:,I:';ii.'I~I;IUI!,'I' ,,:' ';<;::\';' :'(';;::~~',rj,:,;, ;,:;;. "II',I-.d:;'-1:lr,\ ,.,I\,pr,'." I'i"" ,"." ,'I'.L"'" ''(''1 " '::jr;r-(-j- I": (" i "','"'1;; .1:'HlOJ.'i-~;\ '\1 '1- '....J,"",_I:,,, f; I ',.TI-._i~':V,I!i;V{'I_"" 'I-'/-' ,l" ::,', '. ,\. ,..t \ce' '-H'Il',-'''.>. _ _ ,.",' d )\\ I '.lll'i',f-'- i',,;'1, ,,':d:-,q:'I,~I;'1 '" '.. t: . ' 'il.:,,';OI' .'f .\' I',,' '(.., ,I, Ilrl "1"'1;', "\" ,d ql ,"I"! (, I "'!I!J J \ I' 'I ,,' ,(1,\ \111, , "Ii 'I II I I.'JJ I Id 1111 'r.: 'Ill! ~\,' !) .1, 'II ,,\ ,:,~ 'I' ,1,1 .lI ',' ,., t ,,' 1 1\ I! I.J! ,I' I.'; r t 1\,' ~ \, :' ,", I I' i' \ " 'I ) "I "lJ1l\I,\/J {-I.d, "1' I)> " !, 1<1,)11 ii, !,f'IIIIJll:\ll.ll, I '71/,,,, I, \~ 'llll,!l,}', \ltl11 \:J!lnl,}~~,III'\~I'l\II'rl! 1 1I ,I ~ , r I' " j' \l)t '", 'I' II , , 'Ii. 'lIl'II;~ l/,'\"'lllli'1~ 1'~1''':1 " I \,' '1" I, I ,I" 1'\\ ,'.\Il' fl/h'i'j,~t I' '\1 I III ", 'i," 1\' ,\ 1,1 \ \\':,(!.\ I! d\I' Ii 1~'~flr'~:;~Vl~Jli r 1\,11,':' I I\~ l/ll'" I I, I' ,l:!lr~j .1 I, 1 t i, 'II' ~ll,: 1,,' hI \ II,} "t"II' l':. ~ ~ '\,{ II 'I 1'\111',/111"" I 'f'd..!~l'~I!lllt,'~I"I.Ll I '111\'l~ :, \ I', I)' \"') '{hf~'~rlhll,.l :11'1 ,\~ ,Ikl I I,': ~'l .1 '{,J' I~~:; \tt~\t\i"\~;~I"{'?l,!~';' (,.'{:,'IJ,'\~tJ.'\'" d ~~~ ;J~lli , I' 'IIi,ill"), ~'f~'I"hl,,,,,I"\' I" ""\" .1' "11"1 \,nl.}1';-1'i;I'I~Lfi,'rf~~II'II',lj.\, ,:"~l(,j\ I ' ; 1\ 1 1 ' ~II"\iI', \.,:', I,,~~;'II F I ,,1,ld,l '\ ~1I1~' ,; {I; 'lJ' \I_ , " ' '1" '''''I' ~'\' 1 '11 ,,' ",,,, , .'" , 'I ,;""',.:,,,'1','," ";(/,;",'\'1",,,",/1'1>',"" ""<II",i' , ,\" 1 \11}1 "I '. P' \ \ l\"Y~\'" iI' d \' I '~il,. ~r' 'i" ," J' III; ~\.(~j/,i,,~ 11~1" ~ll!h ,~~~,,,'<<~111\fJl,'r~llJ:& Jr! \i\ I J ,;, I,:', t1ljt!~I),Ir:.r't~'f~,lr:; J1i~)1~ l\\~{li :,1:1,1';~(1~l'FP. ~ "'\\1\' iL,~II!,I,t..V'i ',"'{l.,;~)tt~~r(f\h.l~ll ;'~f~(;\li,i1j.)tJ~ I HI' '\ r' , : l~\ ! I ,'11111,1,::' ,,~l:l ~\i'~ili"~l\~:t.ll'~t!.1'\)I\;'~: '~lj\<~\~lt~~~~:~~'~ ,I I' I I,' rIll" :,1 '1IjllJl~~':\\:',~~k\"/'~I(~I,~\:\/(~\\ill!l\i II I;' '''' 'I I I I Jill ,"\ !("~\ 'I' , 11 1,'1 " '\1,., ' yl.\ '.1\. ji I I II .. ,"\ "',1 '\',I~"( 1:.1 I ;,\\,I.I\I\~\:'::/I;)Hf 'I . 'illl~ I,]. I' ~;I, , ,') .',' - ,,,Li")'j" "\.:\'; ,\", ',"; , ~,\:';~. .' 1;1" , 'I' "1 ;1, . , ' ",ljl II Ii " ,1,1. 1-,' I ,'1,1 , " '\1 ,I 'Jj '\' !! ,I; " , ' " .' i, Iii "~I': ,'i'I'" d '_'II'; I 1\' 1'1', It, ii' I:' ".'-j ldir~ I ~\\i~;~_ ./ 1,'''- ';1- I' , 'I " , , d\' ',I' ,;1, 1',>.'1'1, I, "'I I' !r,lll , ." '1/1 " , ",I ,I , " ',1,' , I'l, '!,q 1 ,I " , 'I 11\ I', "I' I ,1';,1 1/1\ l,' ,i , " 'I,' I' .1 ,';'7'~~ ~(',d~ I'A;~'~ ~(~..te~"r-- .;) :/'''' ")~r/e-'; ,IIt;,./'v ,1EJ .4,&""',1' 'I " , l' I, I I I I I' I I, ," I" " ,I " '1,'1 ,. ,I II 'I I I' , .. ANTHONY G. BBIBBRT, Plaintiff VB. I IN THB COURT OF COMMON PLBAS OF I CUMBBRLAND COUNTY, PBNNBYLVANIA I I No. 96-4200 civil 1996 I I CIVIL ACTION ~ LAW I IN DIVORCe SUSAN B. SBIBBRT, Defendant PRAECIPB TO TRANSMIT TUB RlCORD To the Prothonotary I TranBmit the record, together with the following information, to the Court for entry of a divoroe decree I l. Ground for Divoroel Irretrievable breakdown under Bection 3301(0) of the Divorce Code. 2. Date and Manner of service of the Complaint I Bervioe by mail pursuant to Pennsylvania Rule of civil Prooedure, Rule 1930.4(d). Dat.e of servioel August 28, 1996 3. Date of exeoution of the Affidavit of ConBent required by Bection 330l(c) of the Divoroe Codel Plaintiff - January 4, 1997 Defendant - January 13, 1997 4. Related claims pending I merging, the enclosed Property divorco decree. PleaBe incorporate, without Settlement Agreement into the 5. Date and manner of Bervice of the Notioe of Intention to File Praeoipe to Transmit Record, a oopy of which il attached, if the dearee il to be entered under lection 3301(d)(ll(i) of the Divorce Codel N/A. Reepeotfully,lubmitted, \\7l- ~ t Date I . -- Matth J. Eshelman, Bsquire Law Officel of Patrick F. Lauer1 Jr. 21Q8 Market Btreet, Aztec Build ng Camp Hill, Pennsylvania l701l-4706 ID. 72655 Tel. (717) 763-1800 Attorney for the Plaintiff "I' , , I' , I d " ,'I "~: '11,' 'I ,,\,'A-u'\\,;. " (I~ \\j~ ,\),,')\\"J""\),""'\ qr-l ','/ I ,I i' J j:.N ,).'i'i '" (v.tI''I}~I'~O'''~ ClNI,\jv..\ ~lI.l\M~Q;u.a.. , I I I , I i ,I ," "I I I " " 'I , I, " 'I i" ,) , , " . .1 , I ,/ , " 'q , , , - I. -, ANTHONY G. SEIBEl\T, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v.. I No. 96 - 4200 civil Term I BUBAN E. SEIBERT, I CIVIL ACTION - AT LAW Defendant I IN DIVORCE ~USTODY. SBPARATION AND PROPBRTY SB'l"1'LBMBNT..l)p8BBHJ9l~ TliIS AGRE~MENT, made this /1" yA day of /1!-"f'M~f! I 1996, by and between AN'rHONY G. SEIBERT of Newville, Cumberland County, Pennsylvania, hereinafter referred to ae Husband, and BUBAN E. SEIP2RT of Car1i91e, cumberland County, pennBylvania, hereinafter referr.ed to alii Wife, WITNESSETII THAT I WHEREAS, \Iu3band and Wife were married on September 21, 1990 in Hagerstown, Maryland, and WHEREAS, Husband and Wife are bona fide residents of the l! Commonwealth of pennsylvania and have been so for at least the past six monthB' and WHEREAS, certain differenceB have arisen between the partieB hereto and, aB a conBequenCe, they have ce~Bed living as Husband and Wife since September 15, 1995, and WHEREAS, Husband and Wife desire to Bettle and determine certain of their marital rights and obligations, make an equitable diBtribution of their marital property, and determine their rights to alimony, Bupport, and all other matters which may be considered under the Divorce Code, and WHEREAS, it is the intention and purpose of this Agreement to Bet forth the respective rights and dutieB of the parties while ~-,l." \ u\~,:' , (\ \\,,,,' ,\, 1\\'''' ",\""" '\ q'--l -)I'>J'\ ,)-'il'" c.,,. M')~I'~~'I:\ (,,)\/ n\jv..\ \)1t'\I"'~AjfN):"'':'_ , " II " , , 'I' " " , , " ,I' " ,I, , , , I I ,I, " , , , , , , ,,, I' 'j, , !!, 'I , " I J tlJ , I' 'I " '\\" '" , " , 'I " II,' I' " , '1' , , I' , , 'I , " " .. , they aont:inue to live apart from each other and to .ettl. all financial and property rights between them, and WHBRBAB, the partiel hereto have mutually entered into an agreement for the division of their jointly owned auetl, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differenoes, after both have had full and ample opportunity to consult with attorneYI of their respective ohoice, and the parties now wish to have that agreement reduoed to writing, and WHBREAB, in preparing this Agreement and negotiation. aontemporaneouely therewith, Husband was represented by Matthew J. Eshelman, Esquire, and Wife was represented by Lindsay Dare Baird, Elquire, each of whom have given a full explanation of the lame to their reepect.ive clients, and WHBREAB, there is one dependent child to the marriage, namely Penny K. Seibert, born April 10, 1991, and, NOW THEREFORE, the parties, in oonsideration of the mutual promiles set forth hereinafter, and for other good and valuable oonsideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representativel, do hereby covenant, promise, and agree as followel ARTICLB I - CUSTODY l.l Leaal Custody. Legal custody of the parties minor child Ihall be shared between the parties. 1.2 PhYBical CUBtodv. Primary phYliclil cUltody of the parties minor ohild ,hall remain with Wife, eubjeot to the following periods of partial oustody and visitation of Husband, and subjeot to modifioation by mutual agreement of the parties. 1.3 Weekday visitation Veriods. On Tuesdays and Thursdays, from the time school lets out, until the time Wife is off of work, Husband shall be permitted partial custody or visitation. It is the intent of this agreement to ensure Husband is permitted at least two evening periods of visitation per week. 1.4 Weekend .Y!lltation Periods. Ever.y other Saturday, from the t.ime W.ife ie to be at work, nntil the time Wife is off of work, Husband shall be permitted partial custody or vieitation. It is the intent of this agreement to ensure Husband is permitted at least one weekend period of visitation every other week. 1.5 Christmas. Physical custody of t.he parties minor ohild shall be with Husband each Christmas Eve. Physical custody of the parties minor child shall be with Wife each Christmas Day. Physical custody of the parties minor child shall be with W.ife the weekend preceding Christmas. If the weekend before Christmas falls on a weekend during which Husband is scheduled to exercise visitation, Husband shall be permitted to make up the weekend. 1.6 ~. Physical custody of the parties minor child shall be with Wife each Thanksgiving Day. 1.7 Independence Dav. Physical oustody of the parties minor child shall be with Husband each Independence Day (Observed). 1.8 Vllaatian. Eaoh party shall b. permitted a austodial period of two uninterrupted, non-oonseoutive week. per year. Baah party ahall give the other at lealt thirty daYM, written notioe of his or her intent to exeroile suoh uninterrupted vaoation. 1.9 Make-up visitation. In the event either party is unable to exeroise austody per the regular sohedule, then any make-up visitation shall be only by agreement of the parties. If either parent is unable to exeroise a holiday visitation, then that party shall be permitted to make up the missed time. 1.10 TranSDortation. Transportation is to be Ihared by the parties. 1.11 Aloohol. The partiee agree that they ehall not drink aloohol in the presenoe of the minor ohild and further agree not to permit any transportation of the minor ohild by any individual who il under the influenoe of aloohol. ARTICLB II - SBPARATlQIi 2.1 BeDaration. It shall be l~wful for Husband and Wife at all timel hereafter to live separate and apart from eaoh other and to reside from time to time at such plaoe or places as they shall respectively deem fit, free from any control, restraint, or interferenoe, direot or indirect, by each other. Neither party shall molest the other or oompel or endeavor to oompel the other to oohabit or dwell with him or her by any legal or other proaeedings. The foregoing provisions Ihall not be taken to be an admislion on . the part of either party of thlt lawfulness of the oaul.. leading to them living separate and apart. 2.2 nffeot of Reconoiliation. This Agreement shall not be deemod to have beun waived or otherwise affeoted by a reoonciliation, cohabitation, or resumption of marital relations betwQQII the parties. 'l'he parties llhall not be deemed to have ruconciled with the intention of vitiating or terminating thilt Agreement unless they make suoh actions through a written instrument, exeoutsd, and acknowledged in the same manner as this Agreement. ~TICLB III - DIVORCB 3.1 Divoroe Action. This Agreement is not predioated on divorce. Notwithstanding the foregoing, it is, in fact, agreed and aoknowledgud between the parties that Hueband will file a divorce aotion against Wife, and that both parties agree, as a condition to this agreement, to execute the necessary divorce consents required by Section 3301(c) of the Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly finalizo said action. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and rept'esentation is made for the specific purpose of induci.ng Husband and Wife to execute the Agreement. Husband and Wife each knowingly and underotandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and Ihe are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 3.2 Pinal Resolution. It is further spdcifioally understood and agreed that the provisions of this Agrdement relating to the equitable distribution of property of the parties are aocepted by eaoh party as a final settlement for all purposes whatsoever. Bhould either of the parties obtain a deoree, judgment or order of separation or divorce in any other state, oountry, or jurisdiotion, eaah of the parties to this Agreement hereby oonsents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divoroe, and that nothing in any such deoree, judgment, order or further modification or revision thereof Ihall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 3.3 IncorDoration of Agreement into Divorce Decree. It il specifically agreed that a copy of this Agreement shall be inoorporated by reference into any divorce, judgment or decree if or whenever Bought by either of the parties hereto. Buoh incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any suoh judgment or decree. ARTICLB IV - BOUITABLB DISTRIBUTION or MARITAL PROPBRTY 4.1 criteria of Distribution. The parties have attempted to divide their marital property in a manner which oonforms to the oriteria set forth in Seotion 3502 of the Pennsylvania Domestio Relations Code, and taking into aooount the following oonsiderationsl the length of the marriage, the prior marriages of the parti.., the age, health, station, amount and sources of inoome, vooational skills, employability, estate, liabilities, and needs for eaoh of the parties, the oontribution of one party to the education, training or inoreased earning power to the other party, tho opportunity of eaoh party for future aoquisition of capital as lets and income, the sources of inoome of both parties, including but not limited to medical, retirement, insuranoe or other benefits, the contribution or dissipation of each party in the aoquisition, prelervation, depreciation, or appreciation of marital property, inoluding the oontribution of a party as a homemaker, the value of the property set apart to each party, the standard of living of the parties established during their marriage, the economic oiroumstances of eaoh party, including federal, state and local tax ramifications, at the time of the division of the property is to become effeotive, and whether the parties will be serving as the custodian of any dependent minor children. 4.2 Batisfaction of Rights of Eauitable Distribution. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property unoer this Agreement shall be in full latisfaction of all right I of equitable diltribution of parties. 4.3 RelinquishMAnt of Claims. Husband agrees to relinquish aLl olaimB to any aSletB that may be aoquired by Wife prior to the finalized divoroe deoree, and Wife agrees to relinquiBh all olaims to any auets that may be aoquired by lIulballd prior to the finalized divoroe deoree, exollpt as may be otherwile set forth herein. 4.4 Marital ReBidenoe. Wife agreeB to transfer to Husband all her interest in the marital rOBidenoe at 49 Leedl Road, Newville, Cumberland County, PennBylvania 17241. Husband Ihall have Bole and exclusive posseuion thereof, and Wife ehall if necessary at any time make, exeoute, alld deliver any llnd all documents in the usual form conveying, transferring, and granting to HUlband all her right, title, and interest in and to the marital residence. Moreover, the parties express their mutual desire that the marjtal residence pass to their minor ohild, Penny K. Seibert, and the parties agree to make every realonable effort to preserve the home for the benefit of the child. Husband shall keep the property insured against damage or loss. 4.5 Automobilel. Wife shall reoeive the 1996 Oldsmobile Ciera Wagon. Husband agrees to execute upon demand any doauments necessary to effectuate the transfer of the title to the vehiole. Costs of transfer shall be borne by the transferee. Husband agrees to payoff the existing vehicle loan having a ourrent balance of approximately $23,000.00. Wife agrees to keep the vehicle insured . and HUlband agreel to pay for automobile inluranoe on the vehicle until March 19, 1997. 4.6 Personalty. The parties have agreed between themselves to a division of all household furnishings and personal property whioh would be oonsidered "marital property" under the Pennsylvania Divoroe Code, inoluding any pensions or retirement savings accounts or plans. Except as otherwise provided herein, the parties aoknowledge and agree that the assets in the possession of the other spouse shall be that spouse's sole and separate property, each party hereto specifically rele"ving any claim he or she may have with respect to such items. The parties further agree that, as to all assets not upecifically mentioned herein which are presently titled in the sole name at one of the parties hereto or, if untitled, are presently in the sole possBeuion of one of the parties hereto, the party not having title thereto or possession thereof hereby releaseu any claims therein and acknowledges that the party having title or poseeseion of such items shall be the sole and exclusive owner thereof. 4.7 Life !ngyranae. Hueband agreee to keep the Child listed a8 benefi.ciary of any available employer provided life insuranoe polioy upon Husband's life. ARTICLB V - DEBTS OF TOE PARTIBS 5.1 Debts. During the course of the marriage, Husband and Wife have incurred oertain bills and obligations and have amaseed A vAriety of debts. It il hereby aqreed, wi.thout the neoeuity of Asoertaininq for what purpose and to whose use eaoh of the bills were incurred, that, exoept Oil otherwisQ provi.ded herein, both parties are equally rellpollllible for all suoh bills, obliqations, and debts. Husband and Wife eoch agree to hold the other free and harmless from any and all liability which may arise from any outstandin~ bills, obligationo, and dobts inourred after the date of separation, and further agree to indemnify and defend the other from any claim regardi.ng same. Both partiea agree that, in the future, neither ehall cauee or permit to be oharged to or againot the other any purchaoe which either of them may hereafter make and ohall not hereafter create any engagements, debto, or obligations in the name of or againot each other. 5.2 50eoifio Outotandino Oebto of IhllJband. Huaband agreee to accept sole reeponoibility for, and to hold Wife free and harmless from any and all liability which may arise from the outstanding bills, obligations, and debts for which invoiceo are currently being sent addr.essed to Husband and further agrees to indemnify and defend Wife fro~ any claim regarding same. 5.3 lblecific Outstandino Oebts of Wi..t!!. Wife agrees to accept sole responaibility for, and to hold Husband free and harmless from any and all liability which may arise from the outstanding bills, obligations, and debts currently being eent addressed to Wife's name and post office box, to include the First Card currently held jointly between the partieo, and further agrees to indemnify and defend Husband from any claim regarding oame. ARTICLB VI - HIBCBLLAHBOUB PROVIBIONB 6.1 Attornevl Peel upon Dreaoh. Eaoh of the parties agrees that should either of them be in breaoh of oontraot and fail to oomply with the terma of the Agreement herein the breaching party shall be responaible for all oourt caRta and attorney fees reasonably neceaaary to enforce the Agreement. 6.2 Advice of Counw. 'l'he parties aoknowledge that they have been given full and fair opportunity to oonault legal counael regarding the legal effect of this agreement. 'rhey acknowledge and accept that thia Agreement is, in the circumstancea, fair and equitable, that it ia being entered into freely and voluntarily, after having received ouch advioe and with such knowledge that execution of thia Agreement is not the reault of any dureas or undue influence and that is not the result of any oollusion or improper or illegal agreement or agreemente. 6.3 Counsel Feos. Huaband and wife agree to be responsible for their reapective attorney fees. For purpoaea of contract interpretation and for the purpose of rOBolving any ambiguity herein, Huaband and Wife agree that this Agreement was prepared jointly by their respective attorneys. Hershey Foods Corp. v. General Electric Service Co., 619 A.2d 285 (Pa. Super. 1992). 6.4 HYtual Releaae. Husband and Wife each do hereby mutually remiae, releaae, quitclaim and forever discharge the other and the estate of such other, for all timea to come and for all purposea whataoever, of and from any and all right, title, interest, or claims in or againat the property (including income and gain from property hereafter aaaruing) of the other, or against the estate of suoh other, of whatever nature and wheresoever situate, which he or she now II.. or at any time hereafter may have against suoh other, the estate of suoh other, or any part thereof, whether arising out of any former acts, oontraots, engagements, or liabilities of .uoh other as by way of dower, ourtesy, or olaims in the nature of dower, curteey, widow's or widower'B rightB, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime aonveyanoe by the other as teotamentary, or any other r.ights of a surviving Bpouse to participate in a deoeased spouse's estatl!, whether arising under the laws of lal Pennsylvania, (b) any Btate, conunonwealth, COU1\try. The or territory of the , parties further release United States, or (01 any any claim to all rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, oosts or expenses, whether arising as a relult of the marital relation or otherwise, exoept and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breaoh of any thereof. It is the intention of Husband and Wife to give eaoh other by execution of this Agreement a full, complete and general release with respeot to any and all property of any kind of nature, real or personal, not mixed, whioh the other now owne or may hereafter acquire, exoept and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under thil Agreement or for the breaoh of any thereof. Both partie8 aaknowledge that the~ have been advieed that eaah may have the right to allert a olaim for Ipoulal support, alimony, alimollY pendente 1J.te, attorneys fees, coste and/or expeneel. Sxcept as otherwile provided herein, each party hereby waivel any right to suoh economic claims anoillary to the divoroe and aocepts the provisions of this Agreement relating to these olaims as a final settlement for all purposes, as oontemplsted by the Pennsylvania Divoroe Code. 6.5 Warranties. Eaoh party represents that they have not heretofore inourred or contraoted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in thil Agreement. Eaoh party agrees to indemnify or hold the other party harmless from and against any and all such debte, liabilities or obligations of each of them, inoluding those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, oovenants, represent and agree that each will, now at all times hereafter, save harmless and keep the other indemnified from all debts, oharges, and liabilities incurred by tile other after the execution date of this Agreement, except as is otherwile specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatloever for whioh the estate of the other may be liable. 6.6 Modification. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and ligned by both partie., and no waiver of any enforoement olaims for breaoh or default ehall be deemed a waiver of any lubeequent default of the lame or similar nature. The partios reoognize that the portion of this Agreement aonoernillg the oustody of their minor ahild ie inherently modifiable and may be ohanged by written agreement, oourt-approved stipulation, or court order. To the extent thie Agreement is ever so modified, the remaining terms and provilionl shall remain in force and effeot. 6.7 DooUlll8nt Bxeoution. The parties agree that they will promptly execute any and all written instruments, aBBignments, releasel, satisfaotions, deeds, notes, or luoh other writingl as may be neoelsary or desirable for the proper implementation of this Agreement, and al their respeotive oounsel shall mutually agree should be so executed in order to carry fully and effeotively the terml of this Agreement. 6.8 Governino Law. This Agreement shall be oonstrued in accordanoe with the laws of the Commonwealth of Pennlylvania which are in effect as of the exeoution date of thie Agreement. 6.9 BindinlJ. This Agreement shall be bindinlJ and shall inure to the benefit of the parties hereto and their respeotive heirs, exeoutors, administrators, suocessors, and assigns. 6.10 Bntire Acreement. This Agreement conltitutes the entire underetanding of the parties and supersedes any and all prior agreementl and negotiations between them. There are no representations or warranties other than those expressly set forth herein. The parties exprelsly represent that the headings of eaoh para9~aph are .olely for purpose. of convenienoe and are not ta be aon.trued a. oontrolling. 6.11 Severabilitv. If any term, condition, oleu.e, .eation, or provi.ion of thie Agreement .hall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, claule, or provilion shall be Itricken from thi. Agreement, and in all other relpects, this Agreement shall be valid and continue in full force, effect and operation. Likewile, the failure of any party to meet hie or her obligation undor anyone or more of the artioles and sections shall in no way void or alter the remaining obligations of the parties. 6.12 Bauitable Division. It is specifically understood and agreed that this Agreement constitutes an equitable diltribution of property, both real and personal, which was legally and beneficially acquired by HUlband and Wife, or either of them, during the marriage as oontemplated by tho Divorce Code of the Commonwealth of Pennsylvania. 6.13 Disclosure. The parties warrant and represent that they have made a full dilclosure of all assete prior to the execution of this Agreement and that this agreement was entered into in relianae upon that disolosure. 6.14 Bnforceabilitv and Consideration. This Agreement shall .urvive any action for divoroe and deoree of divorce and Ihall forever be binding and conolusive on the parties, and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either HUlband or Wife until ~ it shall have been fully lati.fied and performed. The oonaideration for th1l oontraat and agreement 11 the mutual benefits to be obtained by both of the partie I hereto and the oovenants and agreement I of eaoh of the parties to the other. The adequacy of the oonsideration for all agreements herein aontained and stipulated, oanfeosod and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaohed the a!or8l1\id Agreement and it is determined through appropriate legal aotion that the alleged party has so breaohed the Agreement, the breaohing party shall be responsible for any and all attorney's feel as well as ooste and expensee assooiated with l.itigation inourred by the non-breaching party to enforce this Agreement against the breaching party. 6.15 Affirmation by the Court. The parties desire that this Agreement be affirmed ae an Order of Court, and either party may petition the Court for entry of its terms as an order without further notioe to the other party. IN WITNBSB WBBRBOP, the parties hereto have set their hands and leals the day and year written. 'XTT~ID BYe ~ \ llJ ~c12~'<k LMJt e P~/)-; SUSAN B. SBIB~RT, WIFE AN'l'HONY G. BBIBBRT, , IN 'l'HB COURT OF COMMON PLBAS OF Plaintiff I CUMBERLAND COUNTY, PENNBYLVANIA , v. , NO. f:/t. 'I J fIt) CIVIL 1996 , SUSAN 11l. BEIBER'l', , CIVIL AC'rION - LAW Defendant , IN DIVORCE NOTICB You have been sued in oourt. If you wish to defend against the olaims set forth in the following pages, you must take p~ompt aation. You are warned that if you fail to do so, the oase may p~oaeed without you and a deoroe of divorce or annulment may be entered against you for any olaim or relief requested in these paper I by the Plaintiff. You may lose money or property or ot.her rights important to you. When the grounds for the divorce is indignities or irret~ievable breakdown of the marriage, you may request marriage oounseling. A list of marriage oounselors is available in the I' I Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER' B FEEB OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IB GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SDOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCB. IP YOU DO NOT HAVE A LAWYER OR CANNO'f AFFORD ONE, GO TO OR TBLEPHONB THE OFFICB BBT FORTH BELOW TO FIND OUT'WDERE YOU CAN GET LBGAL HBLP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTDOUBE 1 COURTHOUSE SQUARE CARLIBLB, PA 17013 (717) 240-6200 ANTHONY G. SEIBERT, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNBYLVANIA I 'OtIC) v. I NO. 96 CIVIL 1996 I BUBAN E. BEISERT, I CIVIL AC'rION - LAW Defendant I IN DIVORCE ORDBR OF COURT i AND NOW, this .JlJl'j ~ '-I, Nfl" , upon oonBider.ation of the I i attaahed complaint, it is hereby directed that the partie. and Ii their respeotive oounsel appear before i::/uiJi.tl ~ (U/laI.f ' , , the oonciliator, at f}/Jn/t, h J 1d (t((JI~ (jjUJlI'v'~N (ph {/((;r , Ii on the "t; III day of JI .II) Jill hr./"" , 1996, at I(J; q{J ;t.M. , , f for a Pre hear ing Cus tody Conference. At suoh conference, an effort will be made to resolve the issues in dispute I or if this cannot be aooomplished, to define and narrow the issues to be heard by the oourt, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failu~e to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURTI " BYI " Cu YOU SHOULD TAKB THIB PAPER TO YOUR L.WYER AT ONCB. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONB THE OFFICB BET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HBLP. OFFICE OF THB COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE, PA 17013 (717)240-6200 , i' t I !i f ! I' ANTHONY G. BBIBBRT, I IN THE COURT OF COMMON PLEAS OF I Plaintiff I CUMBBRLAND COUNTY, PENNBYLVANIA I I v. I NO. 'N. l/j".tI CIVIL 1996 I BUBAN E. BEIBERT, I CIVIL AC'rION - LAW Defendant I IN DIVORCE COMPLAINT IN DrVORCB UNDBR BBCTIONB 3301(0) or 3301(d) OF TUE DIVORCE CODE ii I' The Plaintiff, Anthony Seibert, through his attorneys/ The Law Offices of Patriok F. Lauor / Jr., makea the following Complaint in Divorcel 1. The Plaintiff, Anthony Seibert, is an adult individual who ourrently rellides at 49 Leeds Road, Newville, Cumberland County/ Pennsylvania 17241. 2. The Defendant, Susan E. Seibert / is an adult individual who ourrently resides at 49 Leeds Road, Newville, Cumberland County, Pennsylvania 1724l. 3. The Plaintiff and the Defendant have been residents of the Commonwealth of Pennsylvania for at least six montha immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on Beptember 21/ 1990 in Hagerstown, Maryland. 5. There has never been a prior action of divoroe or annulment between the parties. 6. There is one (1) ohild by this marriage, namely, Penny K. Beibert, born April 10/ 1991. 7. The grounds for the divoroe are as follows I al. The marriage is irretrievably broken. . \. II " 8. The Plaintiff has been advised of the availability of marriagu oounselinq and that the Plaintiff may have tho right to requelt that the Court require the parties to partioipate in oounseling. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Deoree of Divoroe in this matter pursuant to 330l(c) or 3301(d) of the Divoroe Code. COUNT III-CUBTODI 9. Paragraphs one (1) through eight (8) are incorporated herein by referenoe thereto. 10. Plaintiff seeks custody of the following child. liAIM Penny K. Seibert Present Residenoe 49 Leeds Road Newville, PA 17241 AWl 5 11. The child was not born out of wedlook. I 12. The child is presently in the oustody of Anthony and , Busan Beibert who reside at 49 Leads Road, Newville, Cumberland 'I , County, Pennsylvania. I I 13. During the past five years, the ohildren have resided . with the following persons and at the following addressesl Anthony & Susan Seibert 92 B Street 1990-1993 Carlisle, PA 17013 , ! Anthony & Susan SeJ,bert 49 Leeds Road 1993-present I Newville, PA 1'1241 , I 14. The mother of the child is Susan seibert, ourrently i , redding at 49 Leeds Road, Newville, Cumberland County, Pennsylvania. " 15. She is married. LIS. The ueiding at Pennlylvania. 17. He is married. 18. The rolationship of the Plaintiff to the children is that of Father. The Plaintiff ourrently resides with the following persons I father of the ohild is A~thony Seibert, aurrently 49 Leeds Road, Newville, Cumberland County, NAml Relationship Susan E. Seibert Wife i I Penny Beibert Daughter 19. The relationship of the Defendant to the children il that of Mother. The Defendant currontly relide. with the following personsl NAml Relationship Anthony Seibert Husband Penny Beibert Daughter 20. Plaintiff has not participated as a party or witnels, or in another oapacity, in other litigation ooncerning the austody of the child in this or another oourt. 21. Plaintiff has no information of a custody prooeeding ooncerning the ohild pending in a oourt of this Commonwealth. 22. Plaintiff does not know of a person not a party to the proceedings who has physioal oustody of the ohild or olaiml to have oustody or visitation rights with respeot to the child. 23. The best interest and permanent welfare of the child will be served by granting the relief requested beoausel 966~ S t In;JW \._'H.:l,il".J,:'.ll~T2] ~ .. " " ,i! ! i -j i " 1 ,1- 11. "t - ''-1 @ ~~ ~ 8 ~ '" Il'i . , '~ . tr) ~ I() I{) ,:- ..'1' t:: 0- ~ ,- It'". - i 0,1 .. ~ ,I"" t.J. . , . 1.1/ 'IJ I" . ~ !' ~ ~)~ I'.j I'! ~ , 'II Li: ,) 'I ~J r;. ' ('J I' t: ! ,:",J ,,, ~..; I c,'J I, :I,.i. u 'f) ,") VI l,) , '. , . " ,', '. " , " '. i 'J , . " , ' , , t, \~, \ L'\~~,: \' u(.,\\ ',L ~')I ~\I\ '" \\.,\ (),'':) (11-{ ]MJ,)~1I1 (u P\\j,.~q)( \ (q'....:-1\.'\ ~\Ji'I'~ 1~W')'\,l',.... " " I, )il " " I, " , , , , ,{ , , , , I; I , , " ',I , , , , il " , 'jl )'1 " , , , , I: " 1i',';'I'1 I I " , ' , " " Iii " 1>\ " " , . ,i I, ,I if I I I, '_l!t.. I , " , , " 1 I" " I, 1'110) rdl.l, \ (~\-C .:, ~ ,')",\\\,,1) \'l\.~A' \ '("(' 5,v'l i-)~ II, c.J..', ",~'iill"d (' l.J'" ,l-r\ ,'>Qt' II \~~.~\J(il\;'U_ ,.,I; \~\~ , , , , I ':'1 , 1 , , 'I, ,'I I .' I I " " , I' , .' . \ II. 1\ \. S\-~; " ,l( 'II \ , I \ JI'. \\" I , '\ \, '/"1)' ')./\I,)~;;II\ rl \ , u 1\' \:". ,<,\ "', \ (JIU.",., \. n!I\,)rI"")~'\!"';'I'I""" " , 1 , 'I " , , -" , I' " " 'I , , " , \, , " , 1 I .. \' " . .