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HomeMy WebLinkAbout98-05751 ...., ' " J ,\I .\\: '" ~ V .\1 ~ I I \ \! 1)- l~ , ... !<:.J I I i ......... . I~ . ~. \ c.>o ' ~i '+:. .:+;. -:.:. <.;' .:+;. -:t:. -;4 , '.... I: PLEAS * ~ *~*~.~~,.~**.~**.~.~~..~,~.~.~..~.~,~.~.:~. ~ ~ ~- ,.-. ','/ .1 "'I .. ~) . , '" ~ ,- -- , .". ..," IN THE COURT OF COMMON ~1 ~! . , ~I ':'1 "'I .. ~i '.'J ~I "'1 ~I ;1 '.'1 ~I . , ~! OF CUMBERLAND COUNTY ~:f ')~:~." - ...../.:').,~/,'.,._J. ...,. -:t;::"';:-';'J" STATE OF PENNA. Rllger S. Ricc, Sr. 98-5751 I' lalntif f :'\ ( J. I() \. l '1'." ~: ~ Phy Ills Rice Defendant ~ ~ "j' ~ ~i .. $' DECREE IN DIVORCE . . . o.ct;~cJ .(.~. ~ .'~ ~ AND NOW, 191'1. '. it is ordered and ~ ~ decreed that . ............ Roger S, Rice, Sr. '. plaintiff, defendant, and ................... . Phyllis Rice. ~ ~ are divorced from the bonds of matrimony. ~ ~ 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; ~ ~ . rhl'. Pil.r.t,il'.s.'. Mil.r.riag.e. S.e.t.tl.ement. Agr.e.eme.nt. .dat.c.d No.,<embc.r .6,. .19.9.8,. .is. ". incorporated herein and the Court has jurisdiction OVC'r no other claims. $ ~ ~ ..' ,... ...... .... .... . ,............. " .,...................... ,', i!- By .Th2tt..:'lIrt: ^"l ?1 ~ ~ ~ 8 ~ ~ ~ ~ ~ '-~~~.--._~ - :~:' ':.:' ':+:. .:.:' .:+:- ,~.:. Pnll hOllOl",.)' .I. ;~ '.' ,~ J~ (~ /'.' .--- ~ *****.~~.*~.**~.~~~~~.~. ~ i~ I~ ~ i~ l~ i~ J'" i~ C II'- ~ .. i~ I'; '.~ '.' ;~ 1':' J'" 1; (':' \~ '.' :!: :!: ~ ~.' ~ ~ ~ ~ ~ ~ '.' ~ ~ '.' ~ ~ ~ '.' /7' -/,/ . '/'-;-' {.~;./ ,i' /// J' C ~' /'r' f..:r/ .../~~ '/.. . / /1' (.4. (. 1% ./ -!-. . / /, (' , I~', . (<','1'.., ',' {.,J h' , 'Y ~-';L.,'1 / ./ h u,,_ (...~ / ..; ./ , -// f/ ' .IN....k;; 7,.. ...(4 cY-'U,~t.,L. 0' ... MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this {('Ii. day of November, 1998 by and between ROGER S. RICE, hereinafter referred to as "HUSBAND") and PHYLLIS J, RICE (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on June 2, 1987; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration I 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: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. A. The HUSBAND shall assume all liability for and pay and indemnify the WIFE against any of his individual debts and any of the parties' joint debts, 2. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest I harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 5. DEBTS. It is further mutually agreed by and between the parties that the debts be paid as follows: i" including but not limited to the parties joint loan to Financial Trust Company for the Skyline mobile home and the lease for lot renl. B. The WIFE shall assume all liability for and pay and indemnify the HUSBAND against anI' of her individual debts, 6. Except as herein provided, the parties agree that they have previously divided their personal property to their mutual satisfaction. No payment shall be made by either party to the other as a result of the division of property contained herein. The parties agree that this division is fair and equitable, and is voluntary and made without duress by or upon either party. The parties further agree that henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated I which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. The parties own no real property, either jointly or individually. The following division of specific items of personal property will be eqUitably distributed as follows: A. Mobile Home - Within thirty (30) days of the date hereof, the parties will list their Skyline double wide mobile home for sale and upon sale the net proceeds will be payable to WIFE. Both parties will use their best efforts to cooperate in the sale of the mobile home. HUSBAND will be responsible for the payment of all lot rent and utilities for the premises until the date of sale. B. Motor Vehicles - The parties hereby release to each other any motor vehicle now owned by the other party individually. C, Bank Accounts - Both parties hereby release to each other any bank accounts now owned by the other party individually. D. Husband's Retirement Plan - HUSBAND shall retain his own retirement plan proceeds free of any claim by WIFE, except that HUSBAND's benefits therefrom shall be considered a part of his income. E. Other Personal Property - The parties agree that they orally agreed upon the division of all of their remaining personal property, including, but not limited to furniture, household goods, appliances and personal belongings to their mutual satisfaction and each release to the other all such personal property as verbally agreed. 7. INCOME TAX RETURNS: Income tax returns of the parties for 1998 and all future years will be filed separately and the parties will each retain any refund due to them. 8. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the marriage is irretrievably broken and that upon the expiration of ninety days from the date of service of the divorce complaint, the parties will execute and file the consents and waivers necessary to obtain the divorce. 9. BREACH: In the event of the breach of this agreement by either party, the non breaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 10. 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 that may be reasonably required to give full force and effect to the provisions of this agreement. 11. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. WIFE's legal counsel is Harold S. Irwin, III, Esquire. HUSBAND's legal counsel is Jacqueline M. Verney, Esquire. 12. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 13. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 14. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect I except that their verbal agreement regarding personal property referred to in paragraph 6.E. above is acknowledged, confirmed and made a part hereof. 15. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Wilt of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. r W~NESSES: / ,. , ,/ 'I V..1 ,', "1 ~,1,7/,1} J- ({ ili t.-L--- , i , (SEAL) ~~I Rw(\~h '" /~L CLU~ PHYL J, RIaE' (SEAL) COMMONWEAL TH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this ((, "- day of November, 1998, ROGER S. RICE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. , NOTARIAL SEAL / I DENISE PINAMONTt. NOlc1ry Public CarJlslo Bor0ugh, CumllOrland Counry M CornrlllsSlon Explros NOli. 20. 2000 . -~fnc~(' l--::~ta Ihfr-11 Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF GI:1MBERLANO (!.,qrn4,e,;;' :SS: PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland ~1',o:rF/1't1E"- /'lY? County, Pennsylvania, this c?t./ day of November, 'm&, PHYLLIS J. RICE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal, L,~ =?~ - Notary Public r r~():arial Serll 0"1ndr.1 Pritt NOla,y Public :,. I.,,,.!."'>j Bora, CJnlDrr(l County ," '1:~~~~,'5iOn Expires .July 19. 2001 " . ,'. ".::;:" <1 ,'.,,' " -I: - , ,.,: ~'t,;., il',' 'i ROGER S. RICE, Plaintiff V. IN THE COURT Of' COMMON PLEAS OF CUMBERLAND COUNTV,PENNSVLV ANIA CIVIL ACTION NO, 98.37SI PHVLLlS RICE, Defendant IN DIVORCE 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. Grounds for divorce: irretrievable breakdown under Section 3301 (c), 3301 (d)(l) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Certified mail return receipt requested. restricted delivery on October 7, 1998. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by sec. 3301 (c) of the Divorce Code: by plaintiff March 12, 1999; by defendant SePtember 24. 1999. (b) (1) Date of execution of the affidavit required by sec. 3301 (d) of the Divorce Code: : (2) Date of filing and service of the plaintiffs affidavit upon the defendant 4. Related claims pending: None ..:r -f;- 1J Q. ....J t--- ~ .:!l' f:; V. u \,). a >=' . ., o- R ~ ().. u.1q - :-:)....r. 0 ~ ~C:'i ();...~ ~ .,'- f"" w' .....1:( 0 --< ~t~ "',.:1 ~ ~ ~ ,... ." ~ 1t "', (., r.. I i/ ~ lI!L' (,~ Z ~ .... . . 1~.:...J ..... r:i f':: c..: '~. ~ tA- t) c;; ...-:: '&: u_ o:J ::J 0 Cf' I-) ..,' .. .', ROGER S, RICE, SR., Plaintiff IN TilE COURT OF COMMON PLEAS OF ClJMBERLAND COIINTY,PENNSYLVANIA vs. CIVIL ACI'ION - LAW NO. 98- .5'7S'1 CIVIL TERM PHYLLIS K. RICE, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGIITS You have been sued in Court. /fyou 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, thc case will proceed without you and a decree in divorce or annulment may 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 or 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 the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania /70 I 3. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DlVfSfON OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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. Cumberland County Bar Association 2 Liberty Avenue Carlisfe, Pennsylvania 17013 (7]7) 249.3166 VJ:IUt'J(''\TION q-2B-J8 Date I vcrify that thc ~1alcmcnts madc in thc lilrCl!uinl! dinlf\:c cllIl1plaint arc truc and currcct. f undcrstand that falsc ~1alcmcnts hcrcin madc arc suhjcct tOlhc pCllahics of I K !'a.eS. Scction 4904 relatinl! to unswom lalsification to authoritics. ~ cr. ~ 4": Z ,... :::J. !~ 0- ,.0- o:S '" --, n... (:)~ )1": C '"'1 :.?: ~::., ~(n I :2 :.' , O:l15 U:L~ 1 U:1t ," h~ fJo. .. - :~ w. c-. =:> 0 Lf' U ... "; ... ".".., Rom:R S. Rln:. SR.. l'Iaintirr IN Tilt: COlIRT 0.- CO:\lMON PU:AS 0.- ('III\IDERI.AND COIIN'IY. P.:NNSYLVANIA vs. CIVIl. ACI'ION - I.AW NO. 911-5751 nVII, n:RM PIIYLLIS K. Rln:. I)efendant IN mVORn: A....IDAVIT 0.. SERVICE BY MAIl. PIIRSIIANT TO Pa.R.C.P. I 930,4(c) COMMONWEAL TlI OF rENNSYL VANIA SS COUNTY OF CUMBERLAND I, Jacqucline M. Vcrney. Esquirc. bcing duly swom according to law, dcposes and says that she is the attomey for plaintiff, Roger S. Rice, and that she did serve a true and correct copy of the divorce Complaint that was filed in the above matter, by U.S. mail, postage prepaid, certified with restrictcd dclivery, return rcceipt requested, unto the defendant, Phyllis K. Rice, on October 7, 1998. The receipt form is attachcd hereto as EXHIBIT "A". \J"-<-1~lt7 II~ J!Jcq~line M. Verney, Esquire J 44 South Hanover Street Carlisle, PA 17013 (7] 7) 243-9190 Sworn to and subscribed before me this 30 day of 0 clo he r /" 0 ~. ,Jp~ h/Ktu'\{{)~ C_~ublic ,1998. . NOTARIAL SEAL . DENISE PINAMONTI. Nolary Publ,c C berland County Carlisle BoroughE, ~m s Nov. 20, 2000 . M Commission )( Ire 0- j I ~ & 13'~\d~ ;r:.sed R- , < ~ '2.. z.. l t'h-t. .J 5 fit. _-4t<',,L 5 L 'i. I t 4 I 76 1:3 5. Received By: (Print Name) ~ ~ o >- .!! I &110 wish 10 receive the ~ng service. (for en r1'" f..): 1. 0 Addressee's Address j 2. ~ist~c1ed DeUvery .i Consult postmaster for fee. I 4a. ArtIcle Number o J :<1,,:) j 4b. Service Type o Regl.t.red 8"'Cortlfted o Expr... M&l1 0 I""ured f o Rotum Receipt for Merthandso 0 COD 7. D.t. of DeUv.ry A tJ.- 7 60: l e. Add .....'. Addr... (Only /I reque.ted ~ and feels psJd) .i! ... /l(?, t02595.91.B.om Domestic Return Receipt Rom:R S. Rln:. SR.. Plaintiff IN TIlt: (:OllR'I' OF ('OMMON I'U:AS OF ('llMln:RLANI) ('0( IN'IY.Pf:NNSYIN ANIA v. (:IVIL AcnON - LAW PIIYLLlS K, RICE. I)erendant NO. 9&-~7~1 CIVIL n:RM IN U1VOltn: AI'FIDA VIT OF CONSENT I. A Complaint in Divorcc undcr Scction 3301 (c) ofthc Divorce Codc was filed on October 7. 1998. 2. The marriage of PlaintilT and Defcndant is irrctrievably brokcn and ninety (90) days havc efapscd from thc datc of filing and scrvicc of thc Complain!. 3. I consent to the entry ofa final dccrcc of divorce aftcr scrvice ofnoticc of intcntion to rcqucst entry of thc dccrcc. I verify that the statements madc in this Affidavit are true and correct. understand that fafse statcments herein arc made subject to the penalties of 18 Pa.C.S. section 4904, relating to un~wom fafsification to authorities. Date: -r - 12. - 1'1 - . ...... ~,'~... '" ~ .~ ROGER S. RICE, SR., Plaintiff : IN TIlE COIIRT OF COMMON PLEAS OF : ('tIMRf:RLANI) COIINTY,PI':NNSVINANIA V. ('IVII. A(TION -I,AW NO. 98-575\ CIVIL TERM PHYLLIS K. Rln:, Defendant IN DIVORCE WAIVER OF NOTICE Of'INTENTION TO REQlIEST ENTRY OF A DIVORCE DI':CRI':I': tINDER SI':CTION 3301 (C) OF THE DIVORCE COOl': I. I consent to the entry of a final dccree of divorce without notice. 2. I understand that J may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them hefore a divorce is granted. 3. I understand that I win not be divorced until a divorce decree is entered hy the Court and that a copy of the decree will be sent to me immediately after it is fifed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made suhject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. Date: ?-/7 - 9 r ROGt:R S. RICE, SR" Plaintiff IN 'I'm: (,OlIRT O~' ('OMMON PLEAS OF C1IMDf:RLAND COlfN'I'Y,PENNSYLV ANIA v. CIVIL AcnON - LAW :r PIIYLLlS}t. RICf:, Defendllnt NO, 98-5751 ('IVIL n:RM IN I)IVORO: AF..lllA VIT OF CONSt:NT I. A Complaint in Oivorce IInder Section 3301 (c) of the Oivorce Code was filed on October 7, 1998. 2. The marriage of Plaintiff and Ocfcndant is irretricvahly hroken and ninety (90) days have clapscd from the datc of filing and scrvicc of the Complaint. 3. I conscnt to the entry ofa final decrce of divorce after service of notice of intention to request cntry of the decree. I verifY that the s1atements madc in this Affidavit are tme and correct. unders1and that falsc s1atements hercin arc madc slIhject to the penaltics (If I 8 Pa.C.S. section 4904, relating to unsworn falsification to allthorities. Date: 9-.2 t/. 9 7'