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HomeMy WebLinkAbout96-05414 ~ o II) .~ ... 4\ ~ ~ ~ o ~ . -.Q ~ - / i / ! -~--~~~~~~~*-~*-*~~*)*:.~::~-***~~~ ~ ~---~---'~--~~-'--'--~--'-----~~-~~--"~-' ~ ~ 8 ~ ~i '1 ~1 $! ~( . , iI€~ , ( wi ..', , xl ~I " ~I . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY If' STATE OF ~ PENNA, CRYSTAL L. ROBINSON, Plaintiff ;\; 0.5414 CIVIL It) 96 . , ~;. . , ,'.J ~i , ~ , . \'t'r....Il... TERRY J. ROBINSON, Defendant ~~ M! . \ ~ ~: $. ~. DECREE IN DIVORCE q? 19. .~~.,.IO CRYSTAL L. ROBINSON it is ordered and AND NOW, . " . w' ~! ~ ~: ~: ~ ~ Ii! ~ ~ ~ J( ~ M ~ If . . . '. plaintiff, defendant, decreed that d TERRY J. ROBINSON on . ore divorced from the bonds of mOlrimany. The court retains jurisdiction of the following claims which have been raised of record in this action for which 0 final order has not yet been entered; THE PARTIES PROPERTY SETTLEMENT AGREEMENT DATED AUGUST 20, 1997 IS INCORPORATED HEREIN AS A FINAL ORDER OF. COURT. . It .. ~ (' 'A!t. 't.J. . .. ',,. J,l ,:"..,A,- -.-..: J. ~4......t<( ( '-;:U-' ;~A""'T7) " ,,;;, #e4 J" _.~i'~ ~ . j Pl'utll",nn'~t" . . _.: ... .: :.. ::.: .. :.' :e: ~- :. '.. >>- :.. s M ~ ,:, ~~ $ ~ 8 .. ~ .. -:< $ ~ I.,. 1: I.. 1-:< !M { i~ ;$ :~ I. 'lI ~ .~ ~ .8 ~ .~ .~ ~ ~ ~ ~ l( l( ~ l( 11 ~ " ~ .~ PROPERTY SETTLEMENt AGREEMENT .:1~T: A-v '1 . THIS IS AN Agreement made this _ _ day o~ 1997, between Crystal L. Robinson (Wife) and Terry J. Robinson (Husband). WITNESSETH WHEREAS, Husband and Wife were married on August 11, 1984; and WHEREAS, various differences have arisen between Husband and Wife, whereby they have been living separate and apart; and WHEREAS, the Wife has commenced a divorce action against Husband docketed at No.96-54l4 in Cumberland County, Pennsylvania; and WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the property rights of the parties and to dispose of the rights and obligations of each to the other in respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights and obligations under the Divorce Code of 1980, as amended, and it is the intention and agreement of the parties that this Agreement be a full, complete and final settlement of all of those rights and obligations under said Divorce Code; and NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bound by the provisions hereof, the parties agree that their recitals form a part of this Agreement and waive any right to counseling under the Divorce Code of 1980, as amended, and right to counsel fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not provided for herein and agree as follows: 1 The parties agree that it shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or 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 IDOlest 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, separate and apart, trom the other. 2 Wife agrees to convey to Husband all title, rights and interest in the real estate which is jointly owned by the parties and which is located at ~West Main Street, Walnut Bottom, Pennsylvania 17266. -/,;''- .}p 3 Wife agrees to convey to Husband all rights, title and interest in the ongoing business and in the real estate which is known as Brookside Market and which is currently titled in Husband's name alone. .,It? / ~<</?!~H.. J.~ 4 ~usband agrees to assume any and all debts owing on the real estate .;o~- at 40+- West Main Street, Walnut Bottom, Pennsylvania and any and ~~. all debts or ob~igations relating to the busine~s and real estate - known as Brooks~de Market. Husband agrees to ~ndemnify and hold Wife harmless relative to any and all of the mentioned debts or obligations. 5 The motor vehicles currently in the possession of the respective parties shall remain the sole property of each party and the other party hereby waives any further claims with respect to those vehicles. 6 The parties acknowledge that they have equitably divided all iteme of personal property, and each party waives any further claims for any interest in all items of personal property in possession of the other party. 7 Husband aC)rees to make a payment to Wife in the UIOunt of $50,000.00 as followsl B. $10,000.00 which will be paid from Husband to Wife within 10 days of the parties joint execution of this AC)re_nt. $10,000.00 payable on an annual bads with the fint payment beinC) made one year from the date of this A9reUlent, the second payaent beinC) made two y.ars from the date of this Agr..ment, the third payment bein9 mad. thr_ y.ars from the date of this Agr__nt, and the fourth payment being mad. four years from the date of this AIJr__nt. A. 1 I '. 8 The IRA account currently in Husband's name shall be the exclusive property of Husband and Wife waives any further claim to said account. 9 All bank accounts in the respective name~ of the parties shall be the sole and exclusive property of each party, and the other party hereby waives any further claims relative to any of those accounts. lO The parties agree to execute the Consent Affidavits in order to finalize the divorce, and Wife agrees to proceed with finalizing the divorce case. 11 Both parties shall incur their own legal expenses with respect to this divorce litigation. 12 The parties agree that they will not contract or incur any debt or liability for which the other party might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against that party by reason of such debt a or obligations incurred by the other party. 13 Should a decree, judgment or order of separation or divorce be obtained by either of the parties in thia or any other sate, country, or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of ita 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 and revision thereof shall alter, amend or vary any tera of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the partes hereto that thia Agreemant shall aurvive and ahall not be merged into .ny decree, judgment, or order of divorce or aeparation. It ia apecifically agreed, however, that a copy of this Agr....nt or the aub.tance of the proviaions thereof, may be incorporated by reference into any divorce, judgment or ita decree. Thi. incorporation, however, ehall not be reqarded .a a ..rver, it being the epecific intent of the partie. to perait thia Agr....nt to .un!ve any judgment and to be forever bind!", and coneluaive upon the partie.. 14 Husband and Wife do hereby mutually remise, release, quit claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at anytime hereafter may have against such 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 curtesy of claims in the nature of dower or curtesy, or widow's or widower's rights, 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 conveyance by the other as testamentary or all or other rights of the surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country or any right which either party may now have or at anytime hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision 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 and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. l5 Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents that may be reasonably required to give full force and effect to the provisions of this Agreelllent. 16 A modification or waiver of any of the provisions of this Agreelllent .hall be effective only if made in writing and executed with the .... formality a. this Agreement. The failure of either party to in.tst upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. >- c> ~- , Lt; h , ~ .. W!- C".. . , IT' '. (".. , t-} E' I __J " c:.. ,I ..... L,.' F: .... l'_ r- 'J L. IJ' oJ . ,- C) ;- ~,.~ ,.... . U I (....J I. , f- c ( ~': C. I .~ Co , t., , '-. to. e .) r- l....~ c' U I II CRYSTAL L. RCBINSrn, I Plaintiff I IN THE COORT OF CXM<<:N PLFA') OF ClMBERllIND COONTY, PENNSYLVANIA v. 00. 96- !;'1N CIVIL TERRY J. RCBINSrn, Defendant CIVIL J>CTIOH.AW INDIVffiCE CXJ4PIAINI' IlNfF.R SEC'l'ICtlS 3301/C\ AND 3301 to \ OF 'mE D:rn:JlO;: flTI;' 1. Plaintiff is CRYSTAL L. I03INStN, an lldult iOOividual who il ii currently resides at 6567 Ufper Strasburg Road, Pleasant Hall, Franklin ij :1 County, Pennsylvania. ;1 2. Defendant is 'IERRY J. I03INStN, an lldult iOOividual who currently resides at 401 West Main Street, Walnut Botton, CUntlerlancl County, Pennsylvania . 3. Plaintiff aIX1 Defendant have been bona fide residents in the a..........lt. -Ith of Pennsylvania for at least six IlDllths imnediately previous to the filing of this Catplaint. 4. '!be Plaintiff aIX1 Defendant were married on August 11, 1984, in Walnut BottaD, CUntlerlatXi County, Pennsylvania. CD.1Nl' I - D:rn:JlO;: 5. Plaintiff hereby incorporates by reference parag.~ 1 throuql " abaYe. 6. 'lbere have been no prior ilCtions of divorce or for annulment bet rein the parties as to their current marriage. 7. Neither Plaintiff nor Oeferdmt 11 in the Armed F'orce8 of the 1Jl\ited States. ". 8. Plaintiff avers that the marriage between the parties is irretrievably broken. 9. 'lbe Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. Wnlw!;rU(!, Plaintiff respectfully requests this Honorable COUrt to enter a dt.w..... in divorce. <DlNl' II _IlJTIT'I'lIRT F. DIS'llUBUl'ICN lO. Plaintiff hereby inco1:po.cates by reference paragrl!pIIa 1 through 9 above. i I. II Ii ., \; 'I 'I Ii il !i II " " il ;! 11. '!he parties have acquired real estate, autnmhiles, blink lICOOIlDts and various personal p.~ and heme furnishings during their marriage 8CItIIl of which is marita11'"~Lt. ~, Plaintiff respectfully requests this Honorable COUrt to enter a ~_ which effects an equitable distrib1tion of marita11'"~tl" Respectfully BUbuitted, I ~ft.~ M1 A. su........, "'-l,1 re O'Brien, Baric , SCherer 1.0. .61974 17 Nest South Street CBrllile, ~ilwnia 17013 (717) 249-6873 'i ;; " il :I I :1 :i :i i J 1 , j .1 I !I Dater 1.$.) 'If" :, :1 II " ~,:;;:- ~;? ~ "',; - :,' ~ '" ~~t'-Ig ~ ~~<':: '. ~Yi ..... "r~" ~ u ;~~" ..' }'j' ~ ~H~ :.,-,-';'. ~t;:-rT_"'"r--'. ~;;"H' '. t;, ~~;~t;'-- :i~~: ~tr ~.' ,'," ~. ~~,: ;:., ro. ..:J ! ~~~ '\\~ " ~~ ~ ~ 'rQ \,) \. \;. "" .~ ~ " ;.- ,.. "'" :3 0~ ''Y~;'.J'' .? J :,1[,1 ~~JO: a ~ " ~~ '\. i, ~~ ., . . . . . . '" . ~ . . ~ l; ~ . 101 . . . u . ~ ~ Ii ~ ~ . . . . lIII. . II ~ ~ ii~ z ~ . 0 . 0 . > . .,101 t ~ a ~ III III . ... . zu Z Z41 . Q . Ollll 10... ...... "'1:\ . . 10...0 ! ~ i ~ OU~ 1SI... 1SI.. . Z . GOf4> ~-:: 0"0 . ... . GOU'" Ua> . IICI:\ . . ..~Q ri ~ ~ .1:\ > . . . f4 . ~ ~ d .. ~ Z . ~Z . o t; ~-:; .,'; . . o ~ . ... ...... ~ . > f4=~ ~.. ..Q . . . ... ~iM ~o- IIC . ~ . U . t; = . . o 0- . . U ~ f4 . U . . . ;.. U . . , ..0 . . . 1& ... . . . .. . .. . . . . . CRYSTAL L. ROBINSON, Plaintiff :IN THE COURT OF COHHON PLEAS OF :CUHBERLAND cocnrry, PENNSYLVANIA V TERRY J. ROBINSON, Defendant . . :NO. 96 - 5414 CIVIL : :CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant Terry J. Robinson in the above captioned matter. On behalf of the Defendant, I hereby accept service of the complaint as of October 3, 1996, and I am authorized to accept such service pursuant to Pennsylvania Rule of Civil Procedure 1920.4 (eJ. ~:y. ....in BROUJOS, GILROY' HOUSf'ON, P.c. 4 North Hanover Street Carlisle, FA 17013 717-243-4574 I I I I ii I CRYSTAL L. ROBINSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-54l4 CIVIL TERM v. TERRY J. ROBINSON, Defendant CIVIL ACTION-LAW IN DIVORCE PLAIHTIFF'S AFFIDAVIT OF CONSENT AND NAIVER OF NOTICE OF IHTEHTIOII TO RBQUEST ENTRY OF DIVORCE DECRBE UNDER SECT lOll 3301(C) OF THE DIVORCE CODI l. A complaint in divorce under Section 330l(C) of the Divorce Code was filed on October 1,l996. 2. The marriage of the 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 in 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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 l8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~~7 /} , ,,"/,. - ~.,.# f) .r)( K"~~ - ~ , cm'fAL L. ROBINSON .....,.., :-._.",:~--....~.. .. ...-.......- '~""n--"';'-_"'~.,",","..:.,6,",,",..: :>. C) c- f; S e>: wO .. :) <.>;" C\I fEe .. - J.. :;. i.:: : 9}' ..~~ ("0.- - L.H _.J t.&:!. -' ~1~ I- e.; .' '7'!0 - Q ,... :"1 ~ (j CRYSTAL L. ROBINSON, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v . 96 - 5414 CIVIL TERM . . . TERRY J. ROBINSON, . . Defendant . IN DIVORCE . DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF IN'l'ENTION TO REQUEST ENT.RY 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 October 1, 1996. 2. Defendant acknowledges receipt and accepts service of the ~amplaint on or about October 3, 1996. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Camplaint. 4. I consent to the entry of a final decree of divorce without notice. 5. I understand that I may lOBe rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce iB 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 counseling and understand that I may request that the Court require counselling. I do not request that the Court require counselling. I verify that the state..nts made in this affidavit are true and correct. I understand that fal.e stat_nts herein are ..de subject to the penalties of J' Pa.C.S. 14904 relating to unsworn falsification to authorities. Dater J'-,~ I. 97 '..;lu...r ,.j ~:'UiW.r.v ferry J. Robinson - Defendant