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HomeMy WebLinkAbout96-05568 J/,;;t,f) LA;! cZ;y- fili:'~/~' d:-4 xJ.U(tll /1 j t., '0 71'<-"*u /t'd..b:;.r ;? ct;li .... ... ., '. ~ ~ IN TilE COURT O~' COHMON PLEAS ,le ;~:PH Jr HUJ,,:H'I'C) CUMBERI.AND COUNTY. PENNSYLVANIA VS. CIVIL DIVISION : NO.. '}f,-:j'jLH CIVIL TERM :H~.th'~ '1.. :~O:~~~H'~() PRAECIPE TO TRANSMIT RECORD 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 breakdown under S3301(c) ~~~ of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: (,-26-97 D.d. mail, certified, restricted delivery, return receipt 3. Complete either paragraph (a) 0" (b). (a) Date of execution of the affidavit of consent required by S330l(c) of the Divorce Code: by plaintiff 11-21-97 by defendant 11-21-97 (b)(l) Date of execution of of the Divorce Code: service of the plaintiff's affidavit the affidavit required by __.; (2) Date of filing upon the r~s~~ndent: S330l(d) and 4. Related claims pending: Custodv 97-60,4 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached; ______ (b) Date plaintiff's Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: 11-24-97 Date defendant's Waiver of Notice in 53301(c) Divorce was filed with the Prothonotary: 11-24-97 ty) C0' tl ~{'[) .f; , Attorney for (PlaintiA)(Qa[_..aA ~l ... ... ~: (' ) .., -. , , , , . , (74 () , .. i , " , I.; ~~i , I.!. ,.' '.' "- .:' (~ rr', C! '~ 'C'" 1; -'" t z: - J '. ~ ~ o~ U'". ~ ;"l~ ' , Q " & -3 ~:;' (I') C\J .);;:-: -.J P_' :>- 0'--" '::Jib '" a;; FE 0 COo.: "'" ~ ~ ,... a> u " 7 " .' ',' ~ ....... '- ., MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT is made this dt V day of IJJj~1997. by and between SHAWN R. ROBERTO, now of Sonshine Ministries. R.D. #1, Loysvillc. Pennsylvania, Perry County, Pennsylvania, hereinafter referred to as "Wife". -AND- JOSEPH M. ROBERTO, now of 302 Erford Road, Camp Hill, Cumberland County, Pennsylvania. hereinafter referred to as "Husband". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 10. 1992. in Virginia Beach, Virginia; and WHEREAS. the two children of this marriage are Michael Shane Roberto, born February 3, 1987, and Alyssa Diane Roberto, born December 14, 1989; and WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they now live separate and apart from on another. the parties being estranged due to such marital difficulties; and WHEREAS, the parties hereto are desirous of compromising and settling fully and finally their respective financial and property rights and obligations as between . eaeh other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship, inter alia past, present or future spousal support or maintenance. alimony pendente lite. alimony, counsel fees and expenses, and equitable distribution, whether or not the parties reside together; and WHEREAS. the parties have made full disclosure to each other of their assets and liabilities and have agreed on a settlement of all property rights and differences existing between them; and WHEREAS, the parties intend this Agreement to be a full and complete Marriage Settlement Agreement, providing for the absolute and final settlement of all their respective marital and property and all other claims. NOW, THEREFORE, in consideration of the premises and of the promises. covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby , covenant and agree as follows: 2 , 1. SEPARATION. It shall be lawful for each party, at all times hereinafter, 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 control by the other, as full as if her 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 (he other (0 cohabit with the other. or in any way harass or malign the other, no in any way interfere with the peaceful existence, separate and apart from the other. The foregoing provision shall not be an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their separation. A reconciliation will not void the provisions of this agreement. Should a decree, judgment or order of separation or divorce be obtained by either of the parties 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 or this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall be incorporated in but shall not be merged into and decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, my be incorporated by reference into any 3 . divorce. judgment or decree. This incorporation. however. shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Other wise. the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. Transfer of property. funds and/or documents shall occur on the effective date unless otherwise specified herein. 3. AGREEMENT NOT A BAR TO DIVORCE. This Agreement shall not be eonsidered to affect or bar the right of either party to a divorce on lawful grounds as may be now or hereafter available to either party. This Agreement is not intended to be and shall not be a condonation on the part of either party of any act or acts of either party hereto. Both parties hereto agree that the marriage is irretrievably broken and agree at the time of exeeution hereof to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divoree pursuant to Section 330 I (e) of the Divorce Code. Each party waives the right to request Court ordered counseling. 4 ~ .- 4. DEBTS AND OBLIGATIONS. Each party hereto represents and warrants that he or she has not, and in the future will not, contract or incur any debt, obligation or liability for which the other party or his or her estate may be responsible or liable, except as provided for in this Agreement. Each party hereto agrees to be solely responsible for the prompt and timely payment of the debts not or hereafter incurred in his or her name and specifically any debts secured by any automobile, motor vehicle or other property distributed to her or him hereunder. Each party hereto agrees to indemnify and hold harmless the other from any and all claims, debts, obligations or demands made against him or her by reason of debts or obligations incurred by him or her or identified to be paid by him or her in this Agreement. 5. MUTUAL RELEASES. Husband and Wife hereby mutually remise, release, quitclaim and 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, or whatever nature and wherever situate, which he or she not has or at any time 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 or 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 other rights of a surviving spouse to participate in a deceased 5 . 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 rights which either party may now have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendellfe lile, 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 the 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. It is further agreed by each party that this Agreement constitutes a full and final resolution and settlement of all claims of any kind, and especially and claims arising under the Pennsylvania Divorce Code, which either party may have against the other. 6. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto agree that they have effected a mutually satisfactory division of the furniture, household furnishings, appliances and other personal property and motor vehicles between them and neither party will make any claim to any personal property now in the possession or control of the other except as herein provided. Husband 6 hereby releases and relinquishes and right. title or interest he may have had in the past or now has in the property in Wife's possession. Wife agrees that Husband shall, from and after the date hereof. be the sole and separate owner of all personal property in Husband's possession. Wife hereby releases and relinquishes any right. title or interest she may have had in the past or now has in the property in Husband's possession. 7. PENSIONS AND RETIREMENT ACCOUNTS. The parties hereto waive any and all interest or claims which either may have in any individual retirement accounts, Keogh accounts, existing pensions or similar accounts of the other, including any retirement type accounts of Wife arising from her employment and any retirement type accounts of Husband arising from his employment with Dicks Clothing & Sporting Goods, Inc. 8. ALIMONY. Each party waives, releases and gives up any claim. now or in the future, for any spousal support, alimony. alimony pendente lite, or maintenance from the other. 9. BANK ACCOUNTS. HUSBAND and WIFE each acknowledge that they each own or possess certain bank aecounts and similar accounts of financial instruments in their respective names. They hereby agree that each shall become sole owner of their respective accounts for financial instruments and each hereby waives any interest 7 in or claim to any funds. instruments or accounts held by the other in such instruments or accounts. 10. MOTOR VEHICLES. With respect to motor vehicles owned by HUSBAND and WIFE, both of the parties agree as follows: The 1989 Toyota Corolla shall be and remain the sole and exclusive property of Husband; Each party shall be solely responsible for and debt secured by any vehicle listed above as his or her property. Each party shall be solely responsible for any insurance and any other costs, including license. for each motor vehicle listed above as his or her property. I!. COUNSEL FEES. Each party individually covenants and agrees that he or she will individually assume the full and sole responsibility for all other legal expenses for his or her attorney. if any, and Court costs in connection with the pending divorce action and shall make no claim against the other for such costs or fees except as set forth in this paragraph. 12. LEGAL AND PHYSICAL CUSTODY OF THE CHILDREN The parties agree that Husband shall have shared legal and primary physical custody of the children, Michael and Alyssa. However, Wife shall have liberal temporary physical 8 , custody according to a schedule to be agreed upon by the parties which shall be consistent with the best interest and welfare of the said children. As a minimum, Wife shall have physical custody according to the schedule set forth hereinbelow: (a) Alternate weekends from Saturday at 10:00 a. m. to Sunday at 7:00 p.m.; (b) Mother's Day from 10:00 a.m. to 7:00 p.m., which shall take precedence over the alternating weekend scheduled periods. (c) Christmas Day from 1:00 p.m. to 8:00 p.m., which shall take precedence over the alternating weekend scheduled periods. (d) Alternate Thanksgiving Day from 10:00 a.m. to 7:00 p.m. (e) Wife may have custody of the children for a period of two (2) consecutive weeks during the Summer. Mother shall schedule this Summer period thirty (30) days in advance with Father. Mother may not remove the children from the Commonwealth of Pennsylvania. Father shall retain custody of the children on Father's Day, taking precedence over the alternating weekend schedule periods. 12. ADVICE OF COUNSEL. Both parties covenant and agree that they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement and to seek and obtain the advice and counsel of an attorney with respect to the same. Wife has had an opportunity to engage the services of legal counsel and has waived that right or has not disclosed her legal counsel to Husband, 9 and the provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, WILLIAM L. GRUBB, ESQUIRE, and each party has carefully reviewed the terms and conditions of this agreement. Husband and Wife each covenants that he or she has made a full financial disclosure to the other of his or her respective property, holdings and income. Husband and Wife each acknowledge that each fully understands the facts of this agreement and has been fully informed as (0 her or his legal rights and obligations and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 13. ADDITIONAL INSTRUMENTS. 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, deeds. titles or documents that may be reasonably required to give full force and effect to the provisions of this Agreement, including all papers necessary to transfer title. 14. AFTER-ACOUIRED PROPERTY. Each party shall hereafter independently own all property, real, personal or mixed; tangible or intangible, of any kind, acquired by him or her, with full power to dispose of the same in all respects and for all purposes; as though he or she were unmarried. 10 19. DESCRIPTIVE HEADI~. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obi igations of the parties. 20. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 21. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, to terminate any further payments required to the other hereunder or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible of payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. or in seeking such other remedies or relief as may be available to him or her. 22. DISCLOSURE OF FINANCES. Each party hereto confirms that he or she has relied on the completeness and substantial accuracy of financial disclosures of the other as an inducement to enter into the Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither has filed and Inventory and Appraisment as required by Section 3505(b) of the Pennsylvania Divorce Code. The rights vf either party to pursue a claim for equitable 12 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS r On this thed( J- of /lJ().!(!;>sc,r ,1997, before me, the undersigned officer, personally appeared SHAWN R, ROBERTO, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. jJ,J?L/ ~Jf Notary Public My commission expires: NOlarial Seal P br William L. Grubb. Notary dU c~~nty Lower Allen Twp.. cumbBArlan 13 2001 My CommIsSion Expires ug. , 14 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this the .;2/ ~ of AJiJV{',k,j"q, 1997, before me, the undersigned officer, personally appeared JOSEPH M. ROBERTO, known to me ( or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. wJt~ j} l!I Notary Public My commission expires: Notana\ Seal PubliC bb Notary t William Li' G~u cumberland ~02~O~ Lower A1\enw "Expires Aug. 1 , My CommIsSIon 15 ~ -;.. ~ ~ ,t> ,.- Qd ~ c ".. ~'. - ,. N .~ ,r; n ~ r . ,1_... - @ ',,.- < .,):.~ E; r6 .I- ~I' ~.. ."!~ r' "- ~ <: 0:) '(/) ~:: 1.< I ,- ~ ~~-: >- "::.j ~ *1 t_ .- r" c.._ .,. ~ I'. I..D .,) &;: r:i U ()l C) .i,", , ; .AWl.ONOHl.O~d ,..........;.......';f{~;;:, ~J...~..7J~.,.;;\!f,. a31.VJ.SNI3~ l.NIVldW05">i~> .t'66l/.................).t;....~.,,:\(;;' .:.......-.... "'.:,",-. ':;"';';':::.;,,;rl~;g.m . ' -. t " " , '. . JOSEPH M. ROBERTO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 910- [,!;rr,p c.",,[ /(/L,,) SHAWN R. ROBERTO, Defendant : IN LAW - 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 fail 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 relief requested in these papers by the Plaintiff. You may loose money or property or other rights important to you, including custody or visitation of your children. When the grounds 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 Prothonotary, First Floor. Cumberland County Courthouse, 1 Courthouse Square, Carlisle. 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 MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO 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. Court Administrator's Office Fourth Floor Cumberland County Court House 1 Courthouse Square Carlisle, !'ennsylvania 17013 Telephone (717) 240-6200 JOSEPH M. ROBERTO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. : NO. (If..~ - S 6-(, Y SHAWN R. ROBERTO, Defendant : IN LAW - DIVORCE COMPLAINT UNDER SECTION 3301 (c) OR 3301 (d) OF THE DIVORCE CODE I. Plaintiff is Joseph M. Roberto. who currently resides at 302 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Shawn R. Roberto, who currently resides at R.D. #2, Box 2318, Duneannon, Perry County, Pennsylvania. 6. Neither party is in the Armed Services of the United States or its allies. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on October 10,1992, at Virginia Beach, Virginia. 5. There have been no prior aetions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. CERTIFICATE OF SERVICE I. WILLIAM L. GRUBB. Esquire. certify that I have served a copy of the foregoing document on the individuallistcd below hy depositing the same in the United States Mail, Certified. First Class. postage prepaid. at Carlisle. Pennsylvania: Ms. Shawn R. Roberto R.D. #2. Box 2318 Duncannon, PA 17020 LS. tL l-h.Qo_ Date: U-j: 8. ('1'10 William L. Grubb. Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 >- ,... i' r::: c i';;-: ~ ~ Cl ,-- Y'" ~[-; ,;;: .~-:< -, ,:"j ...., .'~ E: en . II) , '/ ...c..... I ~ '-? -'" l-- , :1'!1 u:::: L) , i ~ c... .... e l:5 ...0 ..~) U) (...) ..;. , ! .' '(.. " .. ...., JOSEPH M. ROBERTO. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 96-5568 Civil Term SHAWN R. ROBERTO, Defendant : IN LAW - DIVORCE PRAECIPE TO REINST ATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the above captioned complaint as provided in Rule 1930.4(g). of the Pennsylvania Rules of Civil Procedure. Respeetfully. Date:~ ~-GP~ j?G!J. f.~ . i iam L. Grubb, Esquire 2) 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 , '~ \Q 1; - .. s \ .I~ - r.:)~ - ::c cr" .e ...: CJ~ !$. >- 0 .'" , O' 'O.V) , a: N ;)7- /;2 ~ -' C'J D ::> m~ "'") -s: '~ r- B Q"t .. . . .. . .. . -.- Cd .~ (r, _:.1 ,. ;'- .~ " " Cl , f.i: ..... ~) , <", " ('-., li. ,. <".,; u.. , , (:. i- ~- ~, r- :--' O' f...) , . . . JOSEPH M. ROBERTO. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 96-5568 SHA WN R. ROBERTO, Defendant : IN LAW - DIVORCE AFFIDAVIT OF CONSENT I. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on October 8, 1996. The complaint was reinstated on June 25, 1997. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and reinstatement of the Complaint. 3. I consent to the entry of a final decree of divorce. 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. 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. 9 4904 relating to unsworn falsification to authorities. Date:\~ ''2..\-~-1 ~~Y-(\, ~ :~~",\\ \.J Shawn R. Roberto '- e,) .. f( -:.i j:.::: I' I ~.'-': S-~ ( , u_ c;:.~ U_.-. 9-." , .. c.' ~,~ , , =\ 0.: , c_ .',. 1- :.r..: "::) u_ r- (.; 0"1 C) . . . . -- C. I .- ~ '""; -' " I U ( () , iJ:': , , L. c.-, C'J '" - , CC - : ~ i .' -- u.... c:-- , c:.J U . . , . . , ..