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Versus
DeWAYNE,(;.",WI\I3R~GKI JR'l
Defendant
DECREE IN
D I V 0 R C ~8:(O A.;11.
AND NOW,..... ~.~~.........., li2000.., it is ordered and
decreed that .... .J)\!i/F;'l;' .~, .WM!l.J;GI5. . . . .. . , . . , . . . . . .. . .. , , . , . ". plaintiff,
and.......,..." .DeWAYNE.G..WABRICK"JR..........,........... defendant,
are divorced from the bonds of matrimony.
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The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered; None. All claims resolved by the Marital Settlement
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MARITAL SE'.l"l'LEMENT AGREEHENT
BY AND BE'lWEEN
JANET B. WABRICK
AND
DeWAYNE GEORGE WABRICK, JR.
Dawn S. Sunday, Esquire
39 West Main Street - suite #1
Mechanicsburg, PA 17055-6230
Telephone: (717) 766-9622
Counsel for:
Janet B. wabrick
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MARITAL SE'l'TLEMENT AGREEMENT
THIS AGREEMENT made this J /dJ day of ,
2000, by and between JANET B. WABRICK, of CUmbe County, Pennsylvania,
(hereinafter referred to as "WIFE"), and DeWAYNE GElCRGE WABRICK, .:JR., of
Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"),
w .! T N E 2. S E ! H:
WHEREAS, the parties hereto are Wife and Husband, having been
married on August 14, 1982, in Allegheny County, Pennsylvania:
WHEREAS, differences have arisen between Wife and Husband in
consequence of which they have decided to live separate and apart from each
other and agree to a mutual consent divorce: and
WHEREAS, Wife and Husband desire to settle fully and finally
their respective financial and property rights and obligations as between
each other, including, without limitation, the settling of all matters
between them relating to the ownership of real and personal property, the
support and maintenance of their children and one another and, in general,
the settling of any and all claims and possible claims by one against the
other or against their respective estates.
~ THEREFORE, the parties, intending to be legally bound, agree
as follows:
1. ADVICE OF CXlUNSEL. Both parties agree and acknowledge 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
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and counsel of an attorney with respect to this Agreement. Wife has
obtained legal advice from Dawn S. Sunday, Esquire. Husband acknowledges
that he has been informed of his right to be advised by an attorney of his
own choosing prior to entering into this Agreement and that he voluntarily
has decided not to retain such counsel. Husband further acknowledges that
he accepts this Agreement and that his acceptance is not based on any
advice or representation made by Wife's counsel, Dawn S. Sunday, Esquire,
nor has any such advice and/or representation been given to Husband by
wife's attorney. Both parties agree and aCknowledge that they fully
understand the facts upon which this Agreement is based, that they believe
this Agreement to be fair and equitable, that this Agreement is being
entered into freely and voluntarily by each of them, and that the execution
of this Agreement is not the result of any duress, undue influence,
collusion, or improper or illegal agreement or agreements.
2. DISCLOSURE OF ~. The parties warrant that they have
given a full, complete and accurate disclosure of all assets, of any
nature, whether or not the assets were held jointly or in one name alone.
The remedies available to either party for breach or violation of this
provision shall be those remedies available pursuant to law and equity
including the right to punitive and compensatory damages.
3. PERSCNAL RIGHTS. Wife and Husband may and shall, at all
times hereafter, live separate and apart. Each shall be free from all
control, restraint, interference and authority, direct or indirect, by the
other. Each may reside at such place or places as she or he may select.
Each may, for her or his separate use or benefit, conduct, carry on or
engage in any business, occupation, profession or employment which to her
or him may seem advisable. Neither party will interfere with the use,
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ownership, enjoyInent or disposition of any property now owned by or
hereafter acquired by the other.
4. CHILD ::;upflCm. The parties aCknowledge that Wife has primary
physical custody of the parties' Children, Evan Michael Wabrick, born June
15, 1989 and Shawn Raymond wabrick, born December 11, 1990, and further
agree that Husband shall make all child support payments to Wife directly.
Husband shall pay the amount of $1100.00 per IllOnth in child support for
both children, with $550.00 to be paid on or before the first (1st) day of
each IllOnth and $550.00 to be paid on or before the fifteenth (15th) day of
each month. Husband's first $550.00 payment under this provision shall be
due on July IS, 2000. Husband shall be responsible to pay 55% and Wife
shall be responsible to pay 45% of the Children's medical expenses (which
are not reimbursed by medical coverage) on a quarterly basis. For purposes
of this provision, medical expenses shall be considered to include, but not
be limited to, all health care, vision/glasses and dental care.
5. ~ DISTRIBUTIOO.
A. Household and Personal Property. The parties agree that
their household and personal property has been divided to their mutual
satisfaction. The parties agree that they shall retain all personal
property in their respective possessions and waive all rights as to
personal property in the possession of the other party as of the execution
date of this Agreement. Each of the parties hereby specifically waives,
releases, renounces and forever abandons whatever claims he or she may have
with respect to any of the foregoing personal property which shall become
the sole and separate property of the other from the date of execution of
this Agreement.
B. Motor Vehicles. The parties agree that Wife shall retain
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possession of and receive as her sole and separate property the Honda civic
VP which she drives, along with all rights under any insurance policy
thereon. Wife shall assume total responsibility for payment of any loans
associated with the vehicle and all liens and encumberances thereon.
Husband shall sign any documents necessary to transfer title of the vehicle
to wife's sole name within 15 days of the execution date of this Agreement.
The parties agree that Husband shall retain possession of and
receive as his sole and separate property the 1998 Toyota camry which he
drives and the 1991 Toyota Corolla Station Wagon, along with all rights
under any insurance policies thereon. Husband shall assume total
responsibility for payment of any loans associated with the vehicles and
all liens and encumberances thereon. Wife shall sign any documents
necessary to transfer title of the vehicles to Husband's sole name within
15 days of the execution date of this Agreement.
C. Real Estate.
(1) The parties acknowledge that during their marriage they
held, as tenants by the entireties, the fee simple interest in the marital
residence located at 25 Patton Road, Mechanicsburg, Cumberland County,
Pennsylvania. The parties aCknowledge that the marital residence is
currently listed for sale with Coldwell Banker.
(2) After all encumbrances, including the mortgage from Standard
Federal Bank (with a principal amount of $76,908.00 as of 3/25/00), and
settlement costs are satisfied, the net proceeds shall be distributed
between the parties as follows: Wife shall receive $18,000.00 and Husband
shall receive all remaining net proceeds.
(3) Husband shall be entitled to reside in the marital residence
pending the sale. During the period in which Husband resides in the
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residence, Husband shall be responsible for all monthly payments on the
mortgage and for all expenses incurred in connection with the residence
including, but not limited to, repairs, taxes, insurance and utilities.
D. Pension/Retirement Benefits.
(1) wife shall retain as her sole and separate property, free
from any claim by Husband, Wife's PSERS retirement plan ($46,249.00 value
as of 6/30/99), the VAL Ie Annuity, account #3762604 ($39,272.00 value as of
12/31/99), and the Lincoln Life 403(b) tax deferred plan ($10,434.00 value
as of 12/31/99).
(2) Husband shall retain as his sole and separate property, free
from any claim by Wife, Husband's AMP Inc. pension plan ($539.66 monthly
accrued benefit, payable at age 65, as of 3/24/00), and Husband's First
Union securities IRA account #U403 8697-1263 ($173,837.00 value as of
4/03/00), with the exception of $40,000.00 which shall be withdrawn from
Husband's IRA and deposited into a separate qualifying account for Wife.
The foregoing roll-over of funds in the amount of $40,000.00 shall be
accomplished within 90 days of the execution date of this Agreement. In
the event it is necessary to obtain a Qualified Domestic Relations Order
(QDRO) in order to effectuate the roll-over, the cost of the QDRO shall be
paid by Husband.
E. Life Insurance.
Each party shall maintain life insurance, with at least a
minimum value of $100,000.00 for the benefit of the parties' children,
until such time as the parties · youngest child reaches his eighteenth
birthday. Husband shall obtain the life insurance benefits required by
this provision within 90 days of the execution date of this Agreement.
Wife represeents that her existing life insurance benefits satisfy this
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provision.
F. Other Assets.
(1) wife shall retain as her sole and separate property, free
from any claim by Husband, the Mellon Bank Certificate of Deposit
($5,566.26 value as of 3/09/00), wife's DAUCO Federal Credit union Account,
*2970-011 ($958.96 balance as of 12/31/99) and any other intangible
personal property held by Wife on the date of execution of this Agreement
or acquired thereafter.
(2) Husband shall retain as his sole and separate property, free
from any claim by wife, the balances remaining in the two Mellon Bank joint
savings accounts after payment of the parties' joint expenses pending
finalization of the divorce. In addition, Husband shall retain as his sole
and separate property any other intangible personal property held by
Husband on the date of execution of this Agreement or acquired thereafter.
(3) wife and Husband shall retain the JANUS Funds, account
*201369470, (hereinafter referred to as the "Education Account") held in
joint names ($33,601.00 balance as of 12/31/99) for the benefit of their
Children's education. Neither party shall withdraw funds from the
Education Account without the prior approval of both parties in writing.
The parties agree to deposit a minimum of $200.00 per month in the
Education Account, with each party to be responsible for one-half of the
deposit. The parties agree to assume equal responsibility for any tax
liabilities associated with the Education Account.
G. Miscellaneous Property. Any and all property not
specifically addressed in this Agreement shall be hereafter owned by the
party to whom the property is titled, and if untitled, the party in
possession, subject to the provisions in paragraph 5(A) above.
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6. DISTRIBUTICl\1 OF LIABILITIES.
(1) The parties agree that the distribution of debt as provided
in this Agreement is fair and equitable and that neither party shall be
responsible now or in the future for the debts assumed by the other party.
Unless otherwise provided in this Agreement/ each party assumes the debt/
encumbrances/ taxes and liens on all the property each will hold subsequent
to the date of this Agreement/ and each party agrees to indemnify and hold
harmless the other party and her or his property from any claim or
liability that the other party will suffer or may be required to pay
because of such debts/ encumbrances or liens.
(2) Each party represents and warrants to the other that she or
he has not incurred any debt/ Obligation or other liability, other than
those described in this Agreement/ on which the other party is or may be
liable. A liability not disclosed in this Agreement shall be the sole
responsibility of the party who has incurred or may hereafter incur it, and
such party agrees to pay it as the same shall become due, and to indemnify
and hold the other party and her or his property harmless from any and all
such debts/ Obligations and liabilities.
7. INDEMNIFICATICl\1 OF WIFE. If any claim/ action or proceeding
is hereafter initiated seeking to hold Wife liable for the debts or
obligations assumed by Husband under this Agreement/ Husband will, at his
sole expense/ defend Wife against any such claim, action or proceeding,
whether or not well-founded/ and indemnify her and her property against any
damages or loss resulting therefrom/ including/ but not limited to/ costs
of court and actual attorney's fees incurred by Wife in connection
therewith.
8.
INDEMNIFICATICl\1 OF HUSBAND.
If any claim, action or
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proceeding is hereafter initiated seeking to hold Husband liable for the
debts or obligations assumed by Wife under this Agreement, Wife will, at
her sole expense, defend Husband against any such claim, action or
proceeding, whether or not well-founded, and indemnify him and his property
against any damages or loss resulting therefrom, including, but not limited
to, costs of court and actual attorney's fees incurred by Husband in
connection therewith.
9. WARRANTY AS ro FUTlJRE OBLlGATlOOS. Wife and Husband each
represent and warrant to the other that she or he will not at any time in
the future incur any debt, charge or liability for which the other, the
other's legal representatives, property or estate may be responsible. From
the date of execution of this Agreement, each party shall use only those
credit cards and accounts for which that party is individually liable.
Each party hereby agrees to indemnify, save and hold the other and his or
her property harmless from any liability, loss, cost or expense whatsoever
incurred in the event of breach hereof.
10. TAXES. Wife and Husband warrant that they have paid all
taxes on prior jointly filed returns including the calendar year ending
December 31, 1999; that they do not owe any interest or penalties thereon;
and that no tax deficiency proceeding or audit is pending or notice thereof
received. Husband shall give Wife notice of any aeficiency assessment ana
Wife shall give Husband notice of any deficiency assessment of which they
individually or collectively become aware. The parties agree that should
it ultimately be determined that any deficiency and/or penalty exists with
respect to any jointly filed returns, the party responsible for the
erroneous preparation and/or, non-disclosure or erroneous disclosure of
information which has resulted in the deficiency and/or penalty, shall be
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solely responsible for the payment of the amount ultimately determined to
be due, together with interest, as well as expenses that may be incurred to
contest the assessment.
11. SUPPORT, ALJ:lo!OOY, ALJ:lo!OOY PENDENTE LITE. Both parties hereby
waive any right or claim they may have against the other for alimony,
alimony pendente lite and spousal support and maintenance.
12. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically
provided in this Agreement, effective upon the execution date, Wife and
Husband waive all rights of inheritance in the estate of the other, any
right to elect to take against the will or any trust of the other or in
which the other has an interest, and each of the parties waives any
additional rights which he or she has or may have by reason of their
marriage, eJCcept the rights saved or created by the terms of this
Agreement. This waiver shall be construed generally and shall include, but
not be limited to, a waiver of all rights provided under the laws of
pennsylvania, or any other jurisdiction, and shall include all rights under
the pennsylvania Divorce Code.
13. WAIVER OF BENEFICIARY DESIGilATICU. Unless otherwise
specifically set forth in this Agreement, each party hereto specifically
waives any and all beneficiary rights in and to any asset, benefit or like
program carrying a beneficiary designation which belongs to the other party
under the terms of this Agreement, including, but not limited to, pensions
and retirement plans of any sort or nature, deferred compensation plans,
life insurance policies, annuities, stock accounts, bank accounts, final
pay checks or any other post-death distribution scheme, and each party
expressly states that it is her and his intention to revoke by the terms of
this Agreement any beneficiary designations naming the other which are in
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effect as of the date of execution of this Agreement. If and in the event
the other party continues to be named as beneficiary and no alternate
beneficiary is otherwise designated, the beneficiary shall be deemed to be
the estate of the deceased party. Notwi thstanding the foregoing, however,
in the event that either party hereto specifically designates the other
party as a beneficiary after the date of execution of this Agreement, then
this waiver provision shall not bar the party from qualifying as such
beneficary.
14. RELEASE OF CLAIMS.
A. wife and Husband acknowledge and agree that the property
dispositions provided for herein constitute an equitable distribution of
their assets and liabilities pursuant to ~3502 of the pennsylvania Divorce
Code, and wife and Husband hereby waive any right to division of their
property except as provided for in this Agreement.
B. Except as set forth in this Agreement, each party hereby
absolutely and unconditionally releases and forever discharges the other
and her or his heirs, executors, administrators, assigns, property and
estate from any and all rights, claims, demands or obligations arising out
of or by virtue of the marital relationship of the parties whether now
existing or hereafter arising. The above release shall be effective
regardless of whether such claims arise out of any former or future acts,
contracts, engagements or liabilities of the other or by way of dower,
curtesy, widow's or widower's rights, family exemption or similar
allowance, or under the intestate laws or the 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 spouse's estate, whether arising under the laws of Pennsylvania,
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any state, commonwealth or territory of the united States, or any other
country .
C. Except for the obligations of the parties contained in
this Agreement and such rights as are expressly reserved herein, each party
gives to the other by the execution of this Agreement an absolute and
unconditional release and discharge from all causes of action, claims,
rights or demands whatsoever in law or in equity, which either party ever
had or now has against the other.
15. WAIVER OF PROCEDURAL RIGHTS. This Agreement constitutes an
equitable division of the parties' marital property. The parties have
determined that the division of this property conforms with regard to the
rights of each party. The division of existing marital property is not
intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effectuated without the introduction of
outside funds or other property not constituting the marital estate. Both
parties hereby waive the following procedural rights:
A. 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 as provided by the Pennsylvania Divorce Code.
C. The right to have the Court determine which property is
marital and which is nonmarital, and equitably distribute between the
parties that property which the Court determines to be marital.
D. The right to have the Court decide any other rights,
remedies, privileges, or obligations covered by this Agreement, or any
possible claims not addressed in this Agreement.
16. PRFSmVATIOO OF RECORDS. Each party will keep and preserve
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fot" a period of four (4) years from the date of their divorce decree all
financial records relating to the marital estate, and each party will allow
the other party access to those records in the event of tax audits.
17. FINALlZATlOO OF DIVORCE PROCEEDINGS. The parties acknowledge
that wife filed a divorce action in the Dauphin County Court of Common
pleas on April 19, 1999 to Docket No. 1588-S-1999. Wife and Husband agree
that their marriage is irretrievably broken and that it shall be dissolved
pursuant to ~3301(c) of the Pennsylvania Divorce Code. Unless they have
already done so, the parties agree to sign Affidavits of Consent and
Waivers of Notice and deliver them promptly to Wife's counsel for
finalization of the divorce.
18. MODIFlCATlOO. No modification, rescission, or amendment to
this Agreement shall be effective unless in writing signed by each of the
parties hereto.
19. SEVERABll.ITY. If any provision of this Agreement is held by
a court of competent jurisdiction to be void, invalid or unenforceable, the
remaining provisions hereof shall nevertheless survive and continue in full
force and effect without being impaired or invalidated in any way.
20. BREACH. If either party breaches any provision hereof, the
other party shall have the right, at her or his election, to sue for
damages for such breach, or seek such other remedies or relief as may be
available to her or him. The non-breaching party shall be entitled to
recover from the breaching party all costs, expenses and legal fees
actually incurred in the enforcement of the rights of the non-breaching
party.
21. WAIVER OF BREACH. The waiver by one party of any breach of
this Agreement by the other party will not be deemed a waiver of any other
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breach of any provi/3ion of this Agreement.
22. APPLICABLE LAW. All acts contemplated by this Agreement
shall be construed and enforced under the laws of the Commonwealth of
Pennsylvania in effect as of the date of execution of this Agreement.
23. DATE OF EXEClJrICN. The "date of execution" or "execution
date" of this Agreement shall be defined as the date upon which the parties
signed the Agreement if they do so on the same date, or if not on the same
date, then the date on which the Agreement was signed by the last party to
execute this Agreement. This Agreement shall become effective and binding
upon both parties on the execution date.
24. EFFECT OF REXnl'CILIATICN, COHABITATICN CR DIVORCE. This
Agreement shall remain in full force and effect and shall not be abrogated
even if the parties effect a reconciliation, cohabit as Husband and Wife or
attempt to effect a reconciliation. This Agreement also shall continue in
full force and effect in the event of the parties' divorce. There shall be
no modification or waiver of any of the terms hereof unless made in writing
by the parties.
25. HEADIl\lGS NOr PART OF AGREEMENT. Any headings preceding the
text of the several paragraphs and subparagraphs hereof are inserted solely
for convenience of reference and shall not constitute a part of this
Agreement nor shall they affect its meaning, construction or effect.
26. AGREEIiIENT BINDING CN PARTIES AND HEIRS. This Agreement shall
bind the parties and their respective heirs, executors, administrators,
legal representatives, assigns, and successors in any interest of the
parties.
27. ENTIRE AGREEMENT. Each party acknowledges that she or he has
carefully read this Agreement, that she or he has had ample opportunity to
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discuss its provisions with an attorney of her or his own choice and has
executed it voluntarily. This instrument expresses the entire agreement
between the parties concerning the subjects it purports to cover and
supersedes any and all prior agreements between the parties. This
Agreement should be interpreted fairly and simply, and not strictly for or
against either of the parties.
28. AGREEMENT TO BE INCCm'ORATED BUT NO!' MERGED. This Agreement
shall be incorporated in a Decree of Divorce for purposes of enforcement
only, but otherwise shall not be merged into the Decree. The parties shall
have the right to enforce this Agreement under the Divorce Code of 1980, as
amended, and in addition, shall retain any remedies in law or in equity
under this Agreement as an independent contract. Such remedies in law or
equity ace specifically not waived or released.
IN Wl'l'NF.SS WIIEROOF, the parties hereto set their hands and seals
on the dates of their acknowledgments.
(fho / M)
DATE/ /
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DATE
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COMMONWEALTJz OF PENNSYL VANI!\.
COUNTY OFU~~
:
: 55.
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BEFORE ME, the undersigned authority, on this day personally appeared
JANE::r B. WABRICK, known to me to be the person who executed the foregoing
instrument, and who acknowledged to me that she executed same for the
purposes and consideration therein expressed.
7'Y- "'
HAND AND
, 2000.
day of
and for the
Pennsylvania
ted name of Notary:
Notarial Seal
Chartyn Y. Guerriero, Notary Public
My Commission Expires May 18, 2002
Member, Pennsylvania Associationol Notaries
COMMONWEALT~F PENNSYLVANIA /
CCUNTY OF L#~~J"v;I/
:
: 55.
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BEFORE ME, the undersigned authority, on this day personally appeared
DeWAYNJ!: GEXRGE WABRICK, JR., known to me to be the person who executed the
foregoing instrument, and who acknowledged to me that he executed same for
the pUJ:'poses and consideration therein expressed.
~ ~ MY HAND AND SEAL OF OFFICE this ~ >41./ day of
~ ,2000.
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nd for the
Pennsylvania
ted name of Notary:
Notarial Seal
Cha~lyn Y. Guerriero, NOla Pu
MyC '. ' e and County
ommrsSlon Expires May 18,2002
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JANET B. WABRICK, : IN THE CXJURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. . NO. 2000- 2419 CIVIL TERM
.
:
DeWAYNE GEORGE WABRICK, JR., .
.
Defendant . IN CUSTODY
.
aIDER
AND NCM, this
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, 2000,
~r
day of
upon consideration of the attached Custody Agreement, signed by the
parties, the Court enters this Order. The terms of the Custody Agreement
are approved and incorporated by the Court as its formal Order. The
parties are directed to abide by the terms of the Custody Agreement as if
the Order had been entered after a Hearing.
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JANET B. WABRICK, . IN THE OOURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
vs. . NO. 2000-.,2 Ytt:t CIVIL TERM
.
:
DeWAYNE GEORGE WABRICK, JR., :
Defendant . IN DIVORCE AND CUSTODY
.
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This Agreement IIBde the 3()fIL day of ~ r~ "":
2000, by and between Janet B. Wabrick, of Mechanicsburg, Cumberland <l!mt~
Pennsylvania, hereinafter referred to as "Mother", and DeWayne G. raG'iick';
Jr., of Mechanicsburg, CUmberland County, Pennsylvania, herei~ftEllC
refert"ed to as "Father".
WIT N E SSE T H:
----------
WHEREAS; Mother and Father are the biological parents of Evan
Michael Wabrick, born June 15, 1989, and Shawn Raymond Wabrick, born
December 11, 1990: and
WHEREAS, Mother and Father mutually desire to enter into a
voluntary agreement pertaining to the custody of their Children: and
I!iDf THEREIi'Clm, Mother and Father each intending to be legally
bound, agree as follows:
1. Mother and Father shall have shared legal custody of Evan
Michael Wabrick, born June 15, 1989, and Shawn Raymond
Wabrick, born December 11, 1990. Each parent shall have an
equal right, to be exercised jointly with the other parent,
to IIBke all IIBjor non-emergency decisions affecting the
Children's general well-being including, but not limited to,
all decisions regarding their health, education, and
religion. Pursuant to the terms of this paragraph each
parent shall be entitled to all records and information
pertaining to the Children inclUding, but not limited to,
school and medical records and information. To the extent
one parent has possession of any such records or information,
that parent shall be required to share the same, or copies
thereof, with the other parent within such reasonable time as
to IIBke the records and information of reasonable use to the
other parent. The parties shall share all medical and
educational information concerning the Children and inform
each other of school functions.
2. Mother shall have primary physical custody of the Children.
3. Father shall have partial physical custody of the Children in
accordance with the following schedule:
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A. DURING THE SCHOOL YEAR:
(1). Unless the Father is traveling out of town, the
Father shall pick up the Children after school on
Mondays and take them to ceo classes and the Mother
shall pick the Children up after class. In
addition, the Father shall also pick up the
Children after school on Wednesdays and return them
to school on Thursday mornings.
(2). On we~kends following weeks during which the Father
travels out of town, the Father shall have custody
of the Children from Friday evening through Sunday
morning. On weekends following weeks during Ivhich
the Father is not traveling out of town, the Father
shall have custody of the Children from Sunday
morning through Sunday evening.
"
(3) . At such time as the Father no longer travels out of
town regularly for his employment,
have custody of the Children
weekends from Friday evening
morning.
the Father shall
on alternating
through Sunday.
B. DURING THE SUMMER SCHOOL BREAK:
(1) . Father shall have custody of the Children on every
Monday and Wednesday evening at times to be
arranged by agreement of the parties.
(2). As long as Father continues to travel out of town
on a regular basis for employment, Father shall
have custody of the Children for 2 weekends in a
row, beginning the weekend after school terminates,
from Saturday at lunch time through Sunday evening
and Mother shall have custody until Saturday at
lunch time. On the third weekend, Father shall
have custody from Friday after work through
Saturday morning before lunch and the Mother shall
have custody from Saturday at lunch time through
Sunday evening. The schedule shall continue on a
three weekend cycle.
(3) . At such time as the Father no longer travels out of
town regularly for his employment, the parties
shall alternate having custody. of the Children on
weekends from Friday through Saturday before lunch
and from Saturday at lunch time through Sunday
evening.
c. The Father may have custody of the Children at other
times as arranged by agreement of the parties.
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4. The parties shall share or alternate having custody of the
Children on holidays as follows:
A. CBR:CSTMl\S: The parties shall share having custody of the
Children over the Christmas holiday as arranged by
agreement.
B. EASTER/TllANKSGG: The parties shall alternate having
custody of the Children on Easter and Thanksgiving with
the specific times to be arranged by agreement.
C. fov'J:tlISK'S DAY/FATaER'S DAY: Mother shall have custody of
the Children every year on Mother I s Day and Father shall
have custody of the Children every year on Father I s Day.
D. MISCEJ:.LANEDlJS HOLIDAYS: The parties shall either share
or alternate having custody of the Children on holidays
not specifically addressed in this provision as arranged
by agreement.
5. Each party shall be entitled to have custody of the Children
for two weekS (consecutive or non-consecutive) each summer upon providing
at least thirty days advance noticE!!"'-to the other party. The party
providing notice first shall be entitled to preference' in his or her
selection of vacation dates. .
6. Both parties shall ensure that neither the parties nor third
parties smoke in the residence when the parties' son, Evan, is present.
7. The parties agree that it is important for the Children to
attend church services regularly and agree to make every effort to ensure
that the Children attend Mass on Sunday during their periods of custody.
8. The parties shall ensure that the Children have unrestricted
telephone access to the non-custodial parent.
9. In the event either party intends to remove the Children from
the Commonwealth for an overnight period or longer, that party shall notify
the non-custodial party of the address and telephone number where the
Children can be contacted.
10.
Agreement by
provisions of
The parties may modify the provisions of
mutual consent. In the absence of mutual
this Agreement shall control.
this Custody
consent, the
IN WI'JNFSS WHERIOClF, the parties hereto have VOluntarily executed
this Agreement and agree that it shall be entered by the Court as an Order.
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JANET B. WABRICK, . IN THE OJURT OF OJMMON PLEAS OF
.
Plaintiff . CUMBERLAND OJUNTY, PENNSYLVANIA
.
:
vs. . NO. 2000-2419 CIVIL TERM
.
.
.
DeWAYNE GEORGE WABRICK, JR., .
.
Defendant : IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Please transmit the record, together with the following information,
to the Court for entry of a Divorce Decree:
1. Ground for divorce: Irretrievable breakdown under ~330l(c) of the
Divorce Code.
2. Date and manner of service of the Complaint:
Acceptance of Service signed by Defendant on April 23, 2000, a copy of
which is attached.
3. Date of execution and filing of the Affidavits of Consent and
waivers of Notice required by ~330l(c) of the Divorce Code:
By Plaintiff: Executed July 24, 2000, filed August 22, 2000.
By Defendant: Executed July 24, 2000, filed August 22, 2000.
4. Related claims pending:
None. All claims settled by Marital
Settlement Agreement dated June 30, 2000.
DAT~~J-
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Dawn S. Sunday, Esquire
Attorney for Plaintiff
ID #41954
39 W. Main Street - Ste. #1
Mechanicsburg, PA 17055-6230
(717) 766-9622
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JANET B. WABRICK, . IN THE OJURT OF OJMMON PLEAS OF
.
Plaintiff . CUMBERLAND OJUNTY, PENNSYLVANIA
.
.
.
vs. . NO. 2000-.;1.4/9 CIVIL TERM
.
.
.
DeWAYNE GEORGE WABRICK, JR., .
.
Defendant . IN DIVORCE AND CUSTODY
.
NOrICE TO DEFEI!iID AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the
claims set forth in the fallowing 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 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 Prothonotary at:
CllMBERLAND COUNTY COURT IKXJSE, CARLISLE, PENNSYLVANIA 17013.
~
IF YOU 00 NOr FILE A CLAIM FCR ALIMCIiY, DIVISICN OF PROPERTY,
~'S FE&S CR EXPENSES BEFCtm A DIVCRCE CR ANNI:JLMEN'l' IS GRANTED, YOU MAY
LOSE THE RIGBT TO CLAIM ANY OF THEM.
YOU SBOOLD TAKE THIS PAPER TO YOOR ~ AT CNCE. IF YOU 00 NOr
HAVE A ~ CR CANNOl' AFI10RD QiIE GO TO CR TELEPfKl!lE THE OFFICE SET F<RrH
BELCM TO FIND OUT WIIERE YOU CAN GET LEGAL HELP.
CUMBERLAND OJUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
TOLL FREE: 1-800-990-9108
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JANET B. WABRICK,
Plaintiff
.
.
IN THE CXlURT OF OOMMON PLEAS OF
CUMBERLAND OJUNTY, PENNSYLVANIA
.
.
.
.
vs.
: NO. 2000-
CIVIL TERM
:
DeWAYNE GEORGE WABRICK, JR.,
Defendant
:
.
.
IN DIVORCE AND CUSTODY
ccm>LAINT
Plaintiff, Janet B. Wabrick, by her attorney, Dawn S. Sunday,
sets forth the following:
1. Plaintiff is Janet B. Wabrick, who currently resides at 25
Patton Road, Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant is DeWayne G. Wabrick, Jr., who currently resides
at 25 Patton Road, Mechanicsburg, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents of the
Commonwealth for at least six montha immediately preceding the filing of
this Complaint.
4. plaintiff and Defendant were married on August 14, 1982 in
Allegheny County, pennsylvania.
5. There have been no prior actions for divorce or for annulment
between the parties.
6. Plaintiff has been advised that counseling is available and
that Plaintiff may have the right to request that the Court require the
parties to participate in counseling.
COON'l' I - DIVCRCE
7. The averments of paragraphs 1 through 6 are incorporated
herein by reference.
8. The parties have been and currently are living separate and
apart, and not as husband and wife, in the marital residence and Plaintiff
avers, as the grounds upon which this action is based, that the marriage
between the parties is irretrievably broken.
9. Plaintiff requests that the Court enter a Decree of Divorce
under section 330l(c) or 330l(d) of the Pa. Divorce Code.
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COONT II - CHILD CIJS'.LWY
10. The averments of paragraphs 1 through 6 are incorporated
herein by reference.
ll.
Children:
Plaintiff seeks primary physical custody of the following
Evan Michael Wabrick, born June 15, 1989
Shawn Raymond Wabrick, born December ll, 1990
12. The Children were not born out of wedlock.
13. The Children are presently in the custody of Plaintiff and
Defendant who reside at 25 Patton Road, Mechanicsburg, Cumberland County,
pennsylvania. Plaintiff and Defendant are residing separate and apart in
the marital residence pending finalization of Plaintiff's arrangements to
relocate with the Children to another residence and sale of the marital
residence.
14. During the past 5 years the Children have resided with the
fallowing persons at the following addresses:
Janet B. Wabrick and
DeWayne G. Wabrick, Jr.
25 Patton Road
Mechanicsburg, PA
15. The
biological Mother.
marital residence.
relationship of Plaintiff to the Children is that of
Plaintiff currently resides with the Children in the
16. The
biological Father.
marital residence.
relationship of Defendant to the Children is that of
Defendant currently resides with the Children in the
17. Plaintiff has not participated as a party or witness, or in
another capacity, in other litigation concerning the custody of the
Children in this or another Court.
18. Plaintiff has no information of a custody proceeding
concerning the Children pending in a Court of this Commonwealth.
19. Plaintiff does not know of a person not a party to the
proceedings, who has physical custody of the Children or claims to have
custody or visitation rights with respect to the Children.
20. The best interest and permanent welfare of the Children will
be served by granting the relief requested because the parties have
amicably made arrangements between themselves for custody of the Children
upon Plaintiff's imminent move from the marital residence and Plaintiff
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wishes to have these arrangements incorporated into a Court Order for
protection of the parties.
21. Each parent whose parental rights to the Children have not
been terminated and the parties who have physical custody of the Children
have been named as parties to this action.
WHEREFORE, Plaintiff requests that the Court grant shared legal
custody of the Children to the parties, with primary physical custody in
Plaintiff and partial physical custody in Defendant.
Respectfully Submitted,
Dag~
Attorney for Plaintiff
ID #41954
39 west Main Street - Ste. #1
Mechanicsburg, PA 17055-6230
(717) 766-9622
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VERIFICATIOO
I verify that the statements made in this Complaint are true and
correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. c.s. ~4904, relating to unsworn falsification to
authorities.
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JANET B. WABRICK, : IN THE OJURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND OJUNTY, PENNSYLVANIA
.
.
.
vs. . NO. 2000-,;}"//9 CIVIL TERM
.
.
.
DeWAYNE GEORGE WABRICK, JR., .
.
Defendant : IN DIVORCE AND CUSTODY
ACCEPTANCE OF SERVICE
I accept service of the Divorce Complaint.
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JANET B. WABRICK, : IN THE OJURT OF OJMMON PLEAS OF
Plaintiff . CUMBERLAND OJUNTY, PENNSYLVANIA
.
.
.
vs. . NO. 2000-2419 CIVIL TERM
.
.
.
DeWAYNE GEORGE WABRICK, JR., :
Defendant . IN DIVORCE
.
AFFIDAVIT OF <nlSmiIT
1. A Complaint in Divorce under ~330l(c) of the Divorce Code was
filed on April 17, 2000 and served on April 23, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety days have elapsed from the date of service of the
Complaint.
3. I consent to the entry of a final decree of divorce after
service of notice of intention to request entry of the decree.
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 the Affidavit are true and
correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to
authorities.
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JANET B. WABRICK, . IN THE OJURT OF OJMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
vs. : NO. 2000-2419 CIVIL TERM
:
DeWAYNE GEORGE WABRICK, JR., .
.
Defendant : IN DIVORCE
WAIVER OF NarICE OF INTENTIClIT TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~330l(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. H904 relating to unsworn falsification to
authorities.
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Wabrick, Plaintiff
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Plaintiff . CUMBERLAND OJUNTY, PENNSYLVANIA
.
:
vs. . NO. 2000-2419 CIVIL TERM
.
.
.
DeWAYNE GEORGE WABRICK, JR., :
Defendant . IN DIVORCE
.
AFFIDAVIT OF <XIlSENT
1. A Complaint in Divorce under ~330l (c) of the Divorce Code was
filed on April 17, 2000 and served on April 23, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety days have elapsed from the date of service of the
Complaint.
3. I consent to the entry of a final decree of divorce after
service of notice of intention to request entry of the decree.
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 the Affidavit are true and
correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to
authorities.
7/8 'I/(9cJ
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JANET B. WABRICK, : IN THE OJURT OF OJMMON PLEAS OF
plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
vs. . NO. 2000-2419 CIVIL TERM
.
.
.
DeWAYNE GEORGE WABRICK, JR., .
.
Defendant : IN DIVORCE
WAIVER OF NOl'ICE OF INTEIiI'.rI<:IiI TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
i3301(c) OF THE DIVORCE OJDE
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. ~4904 relating to unsworn falsification to
authorities.
71 {J '1/ (){)
Date
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