HomeMy WebLinkAbout97-00847
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF * PENNA.
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CAROL, A.REIDENBAOl,
N (). ..,9.7,~847.,Civil..Term.. II)
CIVIL AcrION - LAW
IN DIVORCE
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:rnGlAS W. REIDENBAOI, SR.,
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DECREE IN
DIVORCE
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AND NOW, .,., ~~, ~,~ ~,~c;.,).. ,l.r.., '. 19.'.7.. it is ordered and
decreed thot ,......,.."..',,' .CllROL ,fl. ,REIDENBAOl........., '. plointiff,
and,.,.................. ,..' .. ,'):'li(:W.S. \'I.. REIDENBAOl., SR....,. defendant.
ore divorced from the bonds of matrimony.
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The court retoins jurisdiction of the following c10ims which hove
been roised of record in this oction for which a final order has not yet
been entered;
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, , . . , r\1~, t:l~Hi;ll, Settl~(1t, Agreement., dated, Decanber. J9"..l,9,97", .is. . , , . . . . ,
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MARITAL SETTLEMENT AGREEMENT
THIS MARITAL SETTLEMENT AGREEMENT, made this jq %Y of
December, 1997, by and between THOMAS W, REIDENBACH, SR.,
hereinafter called "Husband" and CAROL A. REIDENBACH hereinafter
called "Wife".
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife who were
married on June 18, 1983 and have been separated since February,
1997; and
WHEREAS, Wife has instituted divorce proceedings to
No, 97-847 Civil Term in the Court of Common Pleas of Cumberland
County, Pennsylvania; and
WHEREAS, the parties are the parents of three (3) minor
children, Thomas W. Reidenbach, Jr., born May 15, 1986,
Candice L. Reidenbach, born September 1, 1989 and Constance R.
Reidenbach, born September 1, 1989; and
WHEREAS, the parties have resolved the issues of custody
through proceedings filed to No. 97-632 in the Court of Common
pleas of Cumberland County, Pennsylvania upon which an Order of
Court was entered through agreement of the parties dated
April 24, 1997. Said Order of Court was issued by Honorable
and dated ; and
WHEREAS, an Order of Court for the support of the three (3)
minor children was entered on October 20, 1997 by the Honorable
George E. Hoffer to No, 355 S 1997, PACSES Case No, 120100002,
which recommended Order of Court has been appealed by the
Husband; and
WHEREAS, the parties desire to settle fully and finally
their respective financial and property rights and obligations as
between them, including without limitation by specification;
settling all matters between them related to the ownership and
equitable distribution of real and personal property and related
economic claims including but not limited to spousal support,
alimony and alimony pendente lite; child support and child
custody; and in general the settling of any and all claims or
possible claims of one against the other or against their
respective estates; and
WHEREAS, the Husband and Wife are both represented by legal
counsel who has advised them of their respective rights,
privileges, duties and obligations relative to his property
rights and interests arising from their marital relationship; and
WHEREAS, each party is fully familiar with the marital
property and with their respective rights and obligations under
the Divorce Code and in regard to child support and child
custody, and both parties now desire to settle and determine his
and her property rights and claims under the Divorce Code,
including all claims regarding divorce, equitable distribution of
marital property, alimony, spousal support, child support, child
custody and related economic claims,
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NOW, THEREFORE, the parties hereto, intending to be legally
bound hereby, do agree as follows:
1. Both parties agree to sign and deliver to the Wife's
attorney during December, 1997 the required Consents and any
other documents necessary to enable a Divorce Decree pursuant to
~3301(c) of the Divorce Code to be entered in December, 1997.
The Husband shall be provided a certified copy of the Decree.
Neither party shall do anything to delay or deny the entry of
such a Decree, or fail to do anything required to obtain the
Decree in breach of this Agreement, or the other party may, at
his or her option, declare this Agreement null and void.
2. Pending the entry of a Divorce Decree, the parties shall
live separate and apart from each other at such places as he and
she may chose, Each party shall respect and act consistent with
the other party's right to maintain a separate existence as
though he and she were unmarried.
3. This Agreement and all warranties and representations
contained herein shall survive the Divorce Decree and shall
continue to be enforceable in accordance with its terms. Except
in regard to child support and child custody no Court may change
the terms of this Agreement, and it shall be binding and
conclusive upon the parties. In the event of a reconciliation,
attempted reconciliation or other cohabitation of the parties
hereto after the date of this Agreement, this Agreement shall
remain in full force and effect in the absence of a written
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Agreement signed by the parties expressly stating that this
Agreement has been revoked or modified.
4. The parties hereto have divided between them, to their
satisfaction, all items of tangible marital personal property,
including household furnishings and other similar property.
Neither party shall make any claim to any such items of marital
property, or of the separate or personal property of the other
party. The Husband shall, however, deliver to the Wife, at the
Husband's residence, the guitar and Christmas decorations which
the parties have agreed shall become the separate property of the
Wife, although they are currently in the possession of the
Husband within ten (10) days of date of this Agreement. Should
it become necessary, the parties each agree to sign, upon
request, any further titles or documents necessary to give effect
to this paragraph.
5. The parties have divided between them to their mutual
satisfaction all intangible personal property consisting of cash,
bank accounts, annuities, securities, insurance policies, pension
and retirement rights, whether vested or contingent, and all
other such types of property. The parties hereby agree that all
such intangible property presently in the possession of or titled
in the name of the Husband and shall be his sole and separate
property and that in the possession of or titled in the name of
the Wife shall be her sole and separate property, Each party
hereby expressly waives any right to claim ownership of or any
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beneficial interest in any such accounts or life insurance
policies of the other, vested or contingent, each party to retain
full ownership of such rights as his and her sole and separate
property.
6. The parties are presently joint owners as tenants by the
entireties of a tract of land, improved with their marital home,
situate in North Middleton Township, cumberland County,
Pennsylvania, known as 1925 Esther Drive, Carlisle, PA, having
acquired the same by deed dated June 15, 1990 and recorded in
Deed Book "P", Vol. 34, Page 939, The Wife agrees to transfer
all of her right, title and interest in said real estate to the
Husband upon payment by the Husband to the Wife of the sum of Two
Thousand ($2,000.00) Dollars. Settlement shall occur
contemporaneously with the execution of this Agreement, The
Husband shall assume sole responsibility for payment of the
remaining balance and owing on the parties' first mortgage to
GMAC Mortgage Corporation of PA, in the original principal sum of
Seventy-eight Thousand Three Hundred ($78,300.00) Dollars dated
October 15, 1992, and recorded in Mortgage Book 1095, Page 430
and second mortgage to American General Finance, Inc. in the
original principal sum of Ten Thousand ($10,000,00) Dollars,
dated February 29, 1996 and recorded in Mortgage Book 1305,
Page 1059, and shall perform all obligations as required by the
terms and conditions of the aforesaid mortgages and their
accompanying bonds; and shall be responsible for payment of all
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taxes and expenses related to the continuing maintenance and
occupancy of the marital home. The Husband has listed the
property for sale with Century 21, Pisconiari for a list price of
Ninety-two Thousand Five Hundred ($92,500.00) Dollars, The
Husband agrees to keep the property on the market for sale at a
price recommended by a reputable real estate broker operating in
the Carlisle market and to sell the same for any bonafide offer
(non-VA or FHA) for conventional financing or cash, in the amount
of the list price. Provided, further, that the property has not ,
otherwise been sold by December 1, 1999, the Husband shall accept
any bonafide offer, as aforesaid, in the sum of Ninety-two
Thousand ($92,000.00) Dollars or more, regardless of the sale
price recommended by his real estate broker. Provided, further,
however, that the Husband shall have the option, in his sole
discretion, prior to December 1, 1999, to refinance both existing
mortgages, pay them off in full and thereby remove the Wife from
potential liability under the notes on the existing mortgages, in
full satisfaction of his obligation under this provision.
7. The provisions of Paragraphs 3 and 14 of this Agreement
notwithstanding, the parties agree that the Wife is entitled to
alimony and that the Wife's waiver of alimony and the ability of
the Court to amend this Agreement are conditioned upon Husband's
payment of the two outstanding obligations of the parties,
secured by their Notes, as set forth in Paragraph 6 above.
Therefore, should the Husband default in these obligations or
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be adjudicated bankrupt and a deficiency judgment is entered
against the Wife following a foreclosure sale of the property,
this Agreement shall immediately be deemed amended to provide for
alimony to the wife as determined by the Court of Common Pleas of
Cumberland County, Pennsylvania or as otherwise agreed by the
parties and entered as an Order of Court pursuant to such
Agreement. In the event of such a default or bankruptcy by the
Husband and upon completion of a foreclosure proceeding in which
either or both lending institutions, their successors and/or
assigns, obtain a deficiency judgment against the Wife, this
Agreement shall be deemed amended to provide for alimony payable
by the Husband to the Wife to be determined at such time by the
Court or otherwise by agreement of the parties, upon petition by
the Wife. In such event, the Husband hereby waives any defense
to the Wife's claim for the establishment of alimony pursuant to
any provision of this Agreement or of the Divorce Code of
Pennsylvania now in effect or as it may hereinafter be amended.
B. Except as herein otherwise provided, each party
represents that she and he have not heretofore incurred or
contracted any debt or liability or obligation for which the
other may be held responsible or liable. Each party agrees to
indemnify and save and hold harmless the other from and against
all such debt, liabilities or obligations of every kind which may
have heretofore been incurred between them, except the
obligations arising out of this Agreement.
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9. Both parties covenant, warrant, represent and agree that
each will now and at all times hereafter save and keep the other
indemnified against all debts, charges, liabilities incurred by
the other after the execution of this Agreement, except as may be
otherwise specifically provided for by the terms of this
Agreement and neither of them shall hereafter incur any liability
whatsoever for which the Estate of the other may be liable. Each
party further agrees to indemnify and save and hold harmless the
other from any and all liabilities he 01: she may incur upon the
obligations of or assumed by the other, which indemnification as
to all provisions of this Agreement shall include the right to
recover out of pocket expenses and reasonable attorney fees
actually incurred.
10. The parties agree that the transfers of property
pursuant to this Agreement shall be within the scope and
applicability of the Deficit Reduction Act of 1984 (hereinafter
the "Act"), specifically, the provisions of said Act pertaining
to the transfers of property between spouses and former spouses.
The parties agree to sign and cause to be filed any elections or
other documents required by the Internal Revenue Service to
render the Act applicable to the transfer set forth in this
Agreement without recognition of gain on such transfer and
subject to the carry-over basis provisions of the said "Act".
11. The parties agree that child custody matters are
proceeding smoothly, upon mutual agreement, pursuant to the
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, "
existing Agreement of the parties dated April 24, 1997, which
agreement and accompanying Order of Court are hereby ratified,
affirmed and incorporated herein by reference thereto.
12. Commencing the week of December 2, 1997, the parties
hereto agree that the Husband's child support obligation shall be
reduced from the sum of Seven Hundred Twenty-seven ($727.01)
Dollars and 01/100 per month to the sum of One Hundred ($100,00)
Dollars per week or Four Hundred Thirty-three ($433.33) Dollars
and 33/100 per month. Immediately upon the execution of this
Agreement, counsel for both parties shall notify the Cumberland
County Domestic Relations Office and shall provide it with a copy
of this Agreement. The Cumberland County Domestic Relations
office shall be directed to modify the wage attachment
immediately. Any excess child support attached from Husband's
pay and paid to the cumberland County Domestic Relations office
shall be applied to the existing arrearage. The Order of Court
shall be adjusted to provide for child support in the amount of
Seven Hundred Twenty-seven ($727.31) Dollars and 31/100 per month
for the period from September 2, 1997 until December 2, 1997.
provided, however, that any additional arrearage which may exist
after the wage attachment has been adjusted and all excess
payments made on and after December 2, 1997 have been credited
against the existing arrearage, one-half (1/2) of any remaining
arrearage shall be forgiven, No payment toward the unforgiven
arrearage shall be attached from Husband's pay. He shall,
-9-
, .
however, pay such remaining arrearage to the Domestic Relations
Office on or before December 2, 1999. In the unlikely event that
this adjustment results in credit in favor of the Husband, such
credit shall remain as a credit on the account unless or until,
at some point in the future as a result of required bi-annual
reviews or otherwise upon request for an increase by the Wife,
the amount of child support pursuant to the order is increased
retroactively, in which event the credit shall be applied to the
arrearage created by such amended Order of Court. In all other
respects the provisions of the Order of October 20, 1997 are
ratified and affirmed.
13. Both parties agree that the hereinabove set forth
Agreement constitutes an equitable distribution of their marital
property and equitable resolution of all other economic claims
pursuant to the provisions of the Divorce Code and each party
irrevocably waives, releases, and remises any claim to ownership
of or interest in any property designated as the property of the
other by virtue of the provisions of this Agreement except as may
otherwise be provided pursuant to the provisions of this
Agreement.
14. Husband does hereby release, remise, quitclaim and
forever discharge the wife and the estate of the wife from any
and all claims he now has, ever may have or can at anytime have
against the wife or her estate of any part thereof, whether
arising out of formal contracts, engagements or liabilities of
-10-
the wife, arising by way of widower's right or under the
Intestate Law, arising by any right to take against the wife's
Will, arising under the Divorce Code, Act No. 26 of 1980, as
amended, including, alimony, alimony pendente lite, counsel fees
and expenses, arising as a right to spousal support or arising by
any nature whatsoever, excepting only those rights accorded to
the husband under this Agreement.
15. Wife does hereby release, remise, quitclaim and forever
discharge the husband and the estate of the husband from any and
all claims she now has, ever may have or can at anytime have
against the husband or his estate or any part thereof, whether
arising out of formal contracts, engagements or liabilities of
the husband, arising by way of the widow's right or under the
Intestate Law, arising by any right to take against the Husband's
Will, arising under the Divorce Code, Act No. 26 of 1980, as
amended, including, alimony, alimony pendente lite, counsel fees
and expenses, arising as a right to spousal support or arising by
any nature whatsoever, excepting only those rights accorded to
the wife under this Agreement.
16. If either party to this Agreement resorts to a law suit
or other legal action pursuant to the provisions of the Divorce
Code or otherwise to enforce the provisions of this Agreement,
the successful party shall be entitled to recover his or her
reasonable counsel fees, actually incurred, from the other as a
part of the judgment entered in such legal action, whether in
-11-
law, in equity, pursuant to the provisions of the Divorce Code or
otherwise as the same shall be determined by the Court. Provided,
however, neither party shall be liable for the others attorney
fees incurred in any child cust~dy or child support actions
instituted to change the parties respective rights and
obligations with respect to custody or child support as set forth
in this Agreement or otherwise by Agreement of the parties or
Order of Court.
17. The parties do hereby warrant, represent and declare
and do acknowledge and agree that each is and has been fully and
completely informed of and is familiar with and is cognizant of
the wealth, real and/or personal property, estate and assets,
earnings and income of the other and that each has made a full
and complete disclosure to the other of his and her entire assets
and liabilities and any further enumeration or statement thereof
in this Agreement is specifically waived,
18, This Agreement constitutes the entire understanding of
the parties. There are no covenants, conditions, representations
or agreements, written or oral, of any nature whatsoever, other
than those herein contained.
19. This Agreement is subject to modification only by a
subsequent legal writing signed by both parties. It shall be
construed according to the laws of the Commonwealth of
Pennsylvania.
-12-
20. The Husband and Wife acknowledge that each of them has
read and understands his and her rights and responsibilities
under this Agreement, that he and she have executed this
Agreement under no compulsion to do so but as a voluntary act,
being apprised of its consequences.
21. This Agreement shall bind and inure to the benefit of
the parties hereto and their respective heirs, executors,
administrators, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
Witness:
c::- ~1""~ -{)...AJ.. c,R, [SEAL]
Tomas W. Reidenbach, Sr.
Gucti ~o jd1~[SEAL]
Carol A. Rei enbach
-13-
,',
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
'afl, IfI. tf
On this, the / /- day of ~ , 1997,
before me, the undersigned officer, personally appeared Thomas W.
Reidenbach, Sr., known to me (or satisfactorily proven) to be the
person(s) whose name(s) is subscribed to the within instrument,
and acknowledged that he executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I have set my hand and official seal.
HGTARlAL SEAL
eoNNIE L COYLE. ~IlTA!;v PlJIlUC
IlORO Of IolT HOLLV SPlllnr;r., Cllln~IlU\HD co
MY COMMISSION EXPIR!:5 OCTOOC/l17, 1,.ze
~J:X~~
C\
[SEAL]
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On thio, the day of , 1997 before
me, the undersigned officer, personally appeared Carol A.
Reidenbach, known to me (or satisfactorily proven) to be the
person(a) whose name(s) is subscribed to the within instrument,
and acknowledged that she executed the same for the purposes
therein contained,
IN WITNESS WHEREOF, I have set my hand and official seal.
~t, )~
[SEAL]
Notarial Seal
Denise L, Nye, Notary Public
Canlsle Boro, Cumbedaild County
My Commission Expires Feb. 26, 2001
Member, Pennsylvania ASSOCIation 01 NOlaries
-14 -
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CAROL A. REIDENBACH,
Plainti ff
v.
CIVIL ACTION - LAW
IN DIVORCE
NO. 97- !'1~/ (~ U-
THOMAS W. REIDENBACH, SR.,
Defendant
COMPLAINT IN DIVORCE
COUNT I: DIVORCE
AND NOW, this 19th day of February, 1997 comes Plaintiff,
Carol A. Reidenbach, by and through her attorney, Michael J.
Hanft, Esquire, and files the following Complaint in Divorce, and
in support thereof avers as follows:
1. The Plaintiff is Carol A. Reidenbach, who currently resides
at 30 Bellaire Avenue, Carlisle, Cumberland County, Pennsylvania.
2. The Defendant is Thomas W. Reidenbach, Sr., who currently
resides at 1925 Esther Drive, Carlisle, Cumberland County,
Pennsylvania.
3. The Plaintiff and Defendant are sui juris, and both have been
bona fide residents of the Commonwealth of Pennsylvania for a
period of more than six (6) months immediately preceding the
filing of this Complaint in Divorce.
,
9. The Plaintiff and Defendant have acquired personal property
during their marriage.
10. The Plaintiff and Defendant have been unable to agree as to
an equitable division of said property.
WHEREFORE, the Plaintiff requests Your Honorable Court to
equitably divide all marital property.
Respectfully submitted,
HANFT & VOHS
Michae J. Hanft
Attorney ID No. 7976
11 West Pomfret Street, Suite 2
Carlisle, PA 17013
(717) 249-5373
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CAROL A. REIDENBACH, I
Plaintiff I
I CIVIL ACTION - LAW
v. I IN DIVORCE
I
THOMAS W. REIDENBACH, SR. , I NO. 97-847 CIVIL TERM
Defendant I
CBRTIFICATE OF SBRVICB
AND NOW, this 28th day of February, 1997, I, Michael J.
Hanft, Esquire, hereby certify that the following person was
served with a True and Correct copy of the Divorce Complaint
filed in the above-referenced matter.
The Divorce Complaint was mailed on February 19, 1997, but
actual service took place on February 27, 1997 by Defendant
signing for a copy of the Divorce Complaint which was mailed in
the United States Mail, Certified Mail--Return Receipt Requested,
Restricted Delivery, Postage Prepaid, addressed as followsl
Thomas W. Reidenbach, Sr.
1925 Esther Drive
Carlisle, PA 17013
A copy of the signed Domestic Return Receipt is attached
hereto as Exhibit "A" and by reference incorporated herein and
made a part hereof.
Respectfully submitted,
c ael J. H ft, squire
Attorney 10 No. 57976
11 West Pomfret Street, Suite 2
Carlisle, PA 17013
(717) 249-5373
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CAROL A. REIDENBACH,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
~Uurl COUNTY, PENNSYLVANIA
CIVIl. ACTION - LAW
NO. 847 CIVIL 1997
THOMAS W. REIDENBACH, SR.
Defendant
IN DIVORCE
~AVIT OP CONSENT
AND WAIVER OP MARRIAGE COUNSE~~ING
1. A Complaint in divorce under Section 3301(c) of the
Divorce Code was filed on February 19, 1997.
2. The marriage of the plaintiff and defendant is
irretrievably broken and ninety days have elapsed from the date
of filing 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.
5. I have been advised of the availability of marriage
counselling and understand that I may request that the court
require that my spouse and I participate in counselling prior to
a divorce decree being handed down by the court.
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.
DATE: December I q, 1997
c-
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- Thomas W. Reiden ach, Sr.
Sworn to and subscribed before me
this /qj!J-day of December, 1997.
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CAROL A. RBIDZHBACB, I IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLlUlD COUK'l'Y, PENNSYLVANIA
I
VB. I CIVIL ACTION - LAW
. IN DIVORCE
THOMAS W. RBIDZHBACB, SR., I 'fJ/I7
Defendant I 97 -4&r CIVIL TERM
NOTICE OF F.T.P.C'J'ION TO RETAKE MAIDEN NAME
Notice is hereby given that the Plaintiff in the above matter, having
been granted a Final Decree in divorce from the bonds of matrimony on the ~
day of December, 1998, hereby elects to retake and hereafter use her previous
name of C8rol AnnB TrR8Bter .
TO BE KNOWN AS.
UuO-P 4./JL( dPCLJ.bZ-
Carol Anne Treaster
COMMONWEllLTB OF PENNSYLVANIA
sa
COUK'l'Y OF CUMBERLAND
On the IfeA day of '-/J!/I'tld,
, 19___, before me a Notary
Public, personally appeared Carol A. Reidenbach, known to me to be the person
whose name is subscribed to the within document and acknowledged that she
executed the foregoing for the purpose therein contained.
IN WITNESS WBERBOF, I have hereunto set my hand and official seal.
I
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