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HomeMy WebLinkAbout98-06413 J .u i ~! I I ~\ i I ~ I . \) ~ ~i \ '" "'-, , '. " '\ ~ \. ~I :----' .J , ~ ~ .':':~~-:=~'~~..i!:__5!:.....:..:!:._.:~:: ~:~. -:.:- .:+:. -:+:. -:.:. .:.:' ,~.:. .:+:. .:+:. -:.:. .:+:. .:.:. :. .:.:. -:.:-:'-:':- -:+:. <+:. .:+:. .:+:. .:.:-.:<<..~.;tI e; "'_.-- ._0--'- ~ ~ -,' .' -, """'~"'-" ".,..., ~""_""'""'--'_"'-'''''''_'''''''_, $ j ~.~ ~ ~ }~ <'. ~ ~ ~ ~._------ '...:.~;.~:- '30:. .:+: IN THE COURT OF COMMON PLEAS ~ OF CUMBERLAND COUNTY ~' STATE OF ;;~~~ PENNA, ~l'~~;'r ~ , ( ~' * ... ~ HOPE A. RICE, $ :\0,6413, CIVIL II) 98 ~ Plaintiff ~, \'\'1',">11"; ~ ~ VICTOR L. RICE, Defendant $ " ~ ... ~ DECREE IN DIVORCE ~ $ ~ ,', ~ AND NOW, '" Fela", ,2/{"""""", 19,7,'7". it is ordered and decreed that, , , ,'.. ",,' HO,PE A.., ,RICE, , , , " "," " , ' "," ",. plaintiff, VICTOR L. RICE and, . , , , , , , , , , , , ' , , , " , , " , , '. , " , , , , , , , , , , , , , , , , , , , . , " , , , '. defendant, are divorced from the bonds of matrimony, ~ i :.~ ~ ~ '.' ~ y 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; THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED FEBRUARY 12, 1999 .... ............ ... ....... .... ..............., .......".... '. .,. ....... ..... ~s, ,IlIICO,RP.ORA'rED .HEREIN ,AS, ,A, FINAL, o.RDER. ,OF, COURT,., , , ", , , , , , , , , , , ~ ~ ~ ~ ~.' ~ ~ ~ .,' fiy Th; cour~~oL~, ,., Atte,t: J//,' ?7~, ~ . .,.(.<. ' (..~,Y!::;. ~ ''A'Cf/tP.9}'f?' ~ /> ' " . , ~/;;.~N<r:: /-' ~k, L -;r "7 ...::Prothonotary . ,~ .-.-,~....-~ _..,-- " ~.-., I~ .~-*~*~*~.~**~~*******~~. ,~ ~ ~ " ", * ~ ',' $ ~ ,', ., ~ ~ ~ ~ s $ 8 ~ i.. 8 ~ ... ~ ',' ~ ~ ~ ~ , ,', ~ ~ $ $ ~ $ 1$ ~ ~ ~ ~ J, ~ ~ ~ ~ MARITAL SETTLEMENT AGREEMENT I THIS AGREEMENT, made this J<~':ih day of February, 1999, by and between I I Hope A Rice, hereinafter referred to as "Wife", and Victor L. Rice, hereinafter referred to as "Husband", WITNESSETH: WHEREAS, the parties are Husband and Wife who were married on September 24, 1984 and have been separated since November 1, 1998; and, WHEREAS, the Wife has instituted divorce proceedings in the Court of Common Pleas of Cumberland County, Pennsylvania to No, 98-6413 Civil Term, by complaint filed on November 12,1998; and, WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without limitation without specification: settling of all matters between them relating to the ownership in equitable distribution of personal property and related economic claims including but not limited to spousal support, alimony and alimony pendente lite; 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, Wife is represented by her separate legal counsel and has been advised of her respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support, and Husband has voluntarily chosen to be unrepresented in this matter, but has 1 2, 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, No Court may change the terms of this Agreement, and it shall be binding and inclusive upon the parties. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife, In I , II I I 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 agreement signed by the parties expressly stating that this Agreement has been revoked or modified, 3, The parties have divided between them to their mutual satisfaction their personal effects, household furniture and furnishings, automobiles and all other articles of tangible personal property which have heretofore been used by them in common and neither party will make a claim to any such items which are now in the possession or under the control of the other, Each party will execute any and all documents necessary to effectuate the transfer of ownership of any items of personal property tilled in both names, The party receiving sole ownership of such items shall pay all costs associated with the transfer, 4, 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 3 presently in the possession of or tilled in the name of Husband shall be his sole and separate property, and that in the possession or titled in the name of the Wife shall be her sole and separate property, Each party hereby expressly waives any right to claim any pension/profit sharing/retirement rights of the other, vested or contingent, each party to retain full ownership of such rights as his or her sole and separate property, 5, Wife shall convey over to Husband the marital residence known as 94 Meland Road, Mt. Holly Springs, Cumberland County, Pennsylvania, In consideration of said conveyance, Husband shall pay to Wife one-half of the equity interest in the residence, The equity interest shall be determined by subtracting the balance due on the existing loan from the appraised value of the residence, Husband shall, contemporaneously with the transfer of the residence, secure a new loan in his name alone satisfying the existing mortgage against the residen-:e and paying to Wife her one-half equity interest. 6, Husband agrees to indemnify and save and hold harmless the Wife for any liability upon the obligation undertaken by the Husband in accordance with the terms and conditions set forth in paragraph 5 of this Agreement and any further obligation taken by him prospectively with regard to the residence, 7, 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 4 I II hold harmless the other from and against all such debts, liabilities or obligations of any kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement 8, Both parties covenant, warrant, represent and agree Ihat each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the other 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 or 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's fees actually incurred, 9, 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 otherwise may be provided pursuant to the provisions of this Agreement. 5 10, Husband does hereby release, remise, quitclaim and forever discharge Wife and the estate of the Wife from any and all claims he has now, ever may have or can at any time have against the Wife or her estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of 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 out of 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. 11. Wife does hereby release, remise, quitclaim and forever discharge the Husband and the Estate of the Husband from any and all claims she has now, every may have or can at any time have against the Husband or his estate or any part thereof, whether arising out offormal contracts, engagements or liabilities of the Husband, arising by way of the widower's right or under the Intestate law, arising by way of 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 arising by any nature whatsoever, excepting only those rights accorded to the Wife under this Agreement. 12, If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise shall enforce the provision of this Agreement, the successful party shall be entitled to recover his or her reasonable 6 I , , , j / /I II Ii II II II II 'I II I, I, II I I I I I I attorney fees, actually incurred, from the other as party of the Judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court, 13, 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 or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived, 14, 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, 15, 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, 16, 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, 7 . '~H'>:~ -:OTY''' ^GR~rrl~~T ----------...- A :ol!Y.ELL, 0< R,O, :/2, ~,H 215. ::a'cr~r~. CumherlJn,j C~un~y, Per,nsylvala. (herein- .. r T'~!S r,~REEY::"T, ~MJ~ ~hl,. ./~ "'Iy r,f S,"'~e"'~e". 1\'114, by ana betw.!en 1l0PE Cumberland Count;l. P~"~;j'v.,c". '''er~'norte~ called "Mr. Rice",) af',!r cal~e'~ "~s, Mix\'11") ~'.: ,',:::roll L. "ICE of R,~. #2. C..lX 215. Gardners, his assets, liabi1itie:, anc ;,'1" ':::CO.""2; u.ld fu]':; infol"":ed "S,"'Lv~~~ c. "; <, :ar:'ll situ~t:on ;,lcluding the amounts of WHEREAS, a ~a'I:~J! is ~~r '~J'~:e~ be~ween the carties and Mr. Rice has incfuding ~he ~mour.t of her ]';S~,~. 1i,1::i1ilies, .l'ld ,~et inccme; and "~EREAS, '~s. :-;xe:; has ,','I :; in'r~"'e'~ ~", :)':e:l' her financial situation cou~d have after the co~r.inr:ctbr nf the marria9€ as wife, ~1;c!OW or otherwise ~;xel1 in full settlement an" :Jtisfactior. of a:lji and all riahts she might. or WH:R~..',S, Mr. Ricl! desires tu ~J<'! J fair d'C reasonable provision for Ms. upon his death; and in the property t~at Mr. ~ic; ."J~I has cr may hereafter own or in his estate WHERE,~S, Ms. Mixe: ~ des i r!s to ma ke a fa i,. and reasonab I e prov i 5 ion for Mr, Rice in full settlement a,~ satisfJction of any and all rights that he might or could have after tr.e c~nfi~ation of the "-'arriage as husband, widower, or 0 therwi se in the _rooer:y tho L '!s, ~; xe!; now ~as or may hereafter own or in her estate upon her death, NQ\, THEREFCRE. in consiaeration of the pre!l1;ses and for other good and valuble consideration. the parties agree as follows: I, The real estate lCCl'd at R,O, #2. Box 215, Gardners, Cumberland county, Pennsylvania, p"esently in the name of Mr. Rice shall . . . . . . .....~.. f~. _) .. f " " '. r~ain as Mr. Rice'~ ~cle property and ooss~ssion. However, ?did &rO!l1 the C~.1 OF the partIes' marr~a::e and any increase in: ',a11J/>, '"c'u~~n~ "ti,'~~on, ~~a1~ be marftJ' Drope:-ty with all such :~~r~; ',' "J va'~o '", ""J~ '~:d ~'!~ng so"~ on a fHty-fifty L"~is, for ~., ~uroo~es. :: ': ;~e:':"cally agree~ ~hat the equity in said property which ~s ~::'~,';~~ a'; ';h~ ~ime of .~e par~i,:s' marriage and '..(1ich sha'l re!"'ain '~ ~Ir. ~'~e's r."~;e ~or a11 purposes, except as h~re1na7~er ;),;: for"~'~. ~s tr~ S:.!:T1 of S'?v!?r.~~en Thollsand Five Hundred ~S17,500.01J) 1J01'ar-;. ~~ntier, ten ye,1- &rC':'I the date of the parties' 'p:-:-ia~'!. ';h's prope"':i :~'a'l C2 convey~r. +.c :ie na"'e of both parties .~~ hus~a~d ili:d w;f~ ..., :~;ng t~e entire ~r?pp."1;y anc its entire value ~"arit?l !)rcperty, >:.ddition, each p.:rty shall have a fifty (50:1:) ?ercent interest ;,' ;aid real estate for all purposes including purposes of distri~:':')1 of mar'tal property should this marriage be disso1v~c at any t~~e ~n the futur~. 2, !n the event that the r~al "state referred to in paragraph one above ~hould be sold anc ~tier ~e,~ es~ate ourchased with the proceeds, from said sale, Mr. r.:!ce s!1a~~ retain an ~nter0:;t in said new real 2s:ate equal to the \'iilue of his eq(J'ty set forth above. This ~rovis'on shall take effect despite tha number of purchases or ex- changesJf rea' es:at~ that may take place during the parties' mar- !'lage, Any '~c:-ease in value and, value paid beyond the equity set forth abeve shall be ~~rital property and shall be split on a fifty- "ifty basis for a1' ~";r~oses H this marriage should be dissolved. In addition, ten year: 'ero", the date of the parties' marriage, said real estate shal~ ~e conveysd to and owned by the parties' as husband and wife with each ",rty ~:2ving a fifty (50%) percent interest in said real estate. - 2 - J. JIll pe~~onal tang~,'~ ~"~certy and r(!al estate owned or titled in either ')~ t~t! part'e~' Inll:v1~~~! names, i-'Cluding motor vehicles ~1.ce~~ '" "lat',e's ~p, ,-th 1JOve. ';h~'! rema'n in that individual's '~me a'''~ rema~, th"; "("';'~~al's so'e possess;,m, However, under ~ circumS':a"ces. s'ai' e!t~e~ party, Upon ~ne dis~,lutlon of this "arrlage. leave the 0'3. "age 'J' ~'a".': possesSi,m and title to a motor ':ehjc:~, !n addit',; , ;: a'.' ~ew property '5 purchased during the ,artles' mol~rlaye ~nc ,~ p~eced in jo'r.~ "a~,,?s, that property shall b~ co!"!c;;d~re.j mdrit.' ~~~rty fur all ~"Jr';J'ies ~r..~ if the parties' 'r.arria?,~ sho:J'(! c!is~:"'J~. tl:e i;,'ccerty Shd11 ~~ srI, t on a fifty-fifty '~as~s for' an purpo~,~~ p:' l!;str:':ution, Forther, any ~,operty that ':he part'es i'urcha~e ;'1 ':heir Incividual names during their marriage \~hlch remains in t",t 'odiv:dua' 's narr.~ Shall be that Individual's sole and exc'uslve prc~,:.ty and possess 'on for al I purposes. Under , ) circumstances shail GrO::Jer~y that is "laintained In one individual's name be considered mar; tal property felr ;J~rposes of dissolution of this marriage or ath~:".lise. 4, An stocks, bonds, bililk a~cuunts, and other intangible personal property that is p:esently held in one of the parties' names, shall remain In t::.I, parti"s' name for all purposes Until and unless that party S10l:': decide of their own accord to place said Intangible persona! ~"',udrty In the name of both parties or the other party. 5, '\ny other real estate, except that .:reviausly referred to above, which is presently he''; i.n )~e of the parties' names, shall remain In that parties' n~me fo" all purposes until and unless that party - 3 - . , , I should decide of theIr own eccord to P'~c(! said real estate in the name of both part:~s or t~p. ot~er party. 6. Any ot:'er tangibb penonJ' orr.()(!~t;' oresently held In one of t",e parties' nalT'es ~'d!! rp.Ma1n i~ t~dt ')art1e~' name for all p'JrpO~l!S untol and U"1P'SS tlat party shall declde of thetr own accord to p' ace sa;1 :a~gi ~ 1 P. persona I property in the name of both oarti~s cr the Q~~,!r p~rty. 7. -;'lder"J circ~mstan~~~ ~1:JI' either party be entitled to any portion w'1a t~oever of the :..,; "eo Sf! 'n va I ue in a ny rea 1 es ta te or persona I proper~/ <!xcet't as'~"~;n:er0re ~tcted, Thi~ spec:rically includes CIrcumstances under ~r!c~ t~e ~ar~'es' marriage would be dissolved. ,8, And debt or debts '" <!'ther carties' inJivi,jual name shall remain the debt of that l"c:vidual and does not under any circumstan~e become an ob'igatio:1 of the other Oar~y. However, it is agreed that the mortgage oresently on the real estate referred to in paragraph, ore abo'l~ shan become an ob1 igation of both parties and any addi tiona1 "!crt'Jage that would be obtJ;'led on new real estate ourchased pursuant to paragraph number two above, shall be a debt of beth oartie~, Such mortgage dabt shall be considered a marital obligation .,nd shall be taken into consideration should this marrias~ be diss,clved for purposes of equitable distribution. 9, Should the parties' mlrriage be dissolved, all jOin1yowned property which was purchased d~:ri ng the perties' marriage except as otherwise herei n set forth an,: a 11 other property defi ned herei n as marita 1 property shall be dh'ided on a fity-fifty basis with each party retaining fifty (:,0%) percent interest of fifty (50%) percent value of such proper:y, - 4 - : . I . , 10, Both pa~ttes reta ;,~ '.:e r;gh~ to Dre~are their own Last 't/ill and ;estal'1e'1~ as ~hey I""~'" ,;~, Each ~ar~J h~reby w,liv~s and releases unto t~e other pa,'~y ~!le;r exec';tors, <om''1istrators. or assigns any a'1r' all righ: o~ righ~s of election given to him or her as husban~ anc wife ~' ',~e o:her party to t,:',!,! against the Last Will and res ta'11er~ unct ^ any s :a'.ute now or herei na fter enforced of the COI'l"1o'1weal~~ 0;:: o':'1'1sY~'1allia or allY other state in which the o~her oarty !'lay "J i" 'JrOOer~y a': t~e t'me of their cecease or inwhich the parties or either of t~em 'uay "c!side. 11. Both parties here:,y ::c~pt the provisions of the other parties' Last Will and Tes:.a.II.;nt that may be hereafter made by the other 1,;,rty in full diz.;harge and satisfac~ion of any and all other right, t~ tle or interest that he or she, as the other parties spouse, might otherwise acquire in his or her estate and property. ~ 2, If ei ther party fa '1 5 :0 dul y perform any terms of thi s agreement on his or her part to ~? oerformed, the otner party at their dis- cretion may exercjse any rights or re"ledies available to them includ'ng a suit for breach of contract. 13, Each par':y shall UpO'1 the request of the other, ex~~ute, acknowledge and de~ iver any ar..: all ins~ruments aporopriate or necessary to carry into effective provisions of this agreement. 14. The parties understan,~ and r~al ize that should this prospective marria;e ultimately be dissolved. pursuant to the Pennsylvania Divorce Code of 1980. the courts or other participants in such - 5 - . . . , . . dissolution of the .,,~~r~ge would be required to consider for pur- poses of ecuHa~lt! ~is~r1but'on of Il'arital propel" y the following items: tre le~gt:~ 0" ~'.~ "'~r~;age; ~I)e prior marriages of the :larties; "'~~e age t '- :I ~ ..., ... ..' t S~dt_~')n ir ! ire, amount and sources o' income; vocatic~a' s:"i11s. e!l'oloy~bility, estate. liabilities a~d nee~s of eac~ cf t~e parties; the contribution of one party to the e~ucation. ~r~in'ng or 'ncrease earning power of the other ~arty; ::~e oopor~I.." ~'j of eac:' party f'Jr future acquisition of capital dssets ar~ '"c:~e; ~~e sources of income of both aarties, ~ncludir.s b'J~ "~~ ':'n;~ed ~c medica!. retirement. insurance, or other benefits; th~ cJrtribution or dissipation of the each party in the acquisition. preservation. c:~reci<ltion or appreciatiun of marital propert.y. including the contribution of a party as a homemaker; the 'Jal~e of ::,e property set apart to each party; the s~andard of living of t;'a parties established during the mar- ri age; and the econo:"~ c ci rcumstances of each party at the time of division of pre:::erty is to be effective. Knowing all of this, the parties desire to have any and all marital property as set forth herein or as o'cherwise de~ermined to be spl it on a fifty- fifty basis with eac~ party retaining fifty (50%) percent of an interest in or fifty (50%) percent value of any such marital prop- erty should the parties' marriage be dissolved at any time in the future, 15, The consideration Tor this agreement is the mutual promises herein contained and the malTiage about to be solemnized. If the marriage does not take place. this agreement shall in all respect become null and void. - 6 - : , , . . ,. , , , . ~ ~. I IN W:T~ESS WHEREOF, the pdrties hereunto intending to be legally bound and to 'egally bInd their :,.~~rs. executors, ac:inistrators. and assigns, hav~ her~~n~o set their ~ands .~~ ~eal~ the day anc year first a~ove ~entioned. WITNESSED !IV: I:"t.l . ._-~ ('Il :.~~_ .:/ , _t~: :."./ /"/(( '-.-, .'. /' .- <' '-\"., < ..( /,;~ 4~ !J"~; X - "IX"-' L c. L ..v '- . ,'I _\. / - . l' ~ - ~- J~' / ,/. " JIl',,' -' " " \ ;.' - /. / , - ..~ ~.'- ,.e-/..t ", '11CTOR L:' ::lICE ~ , '. ,J; .:4 .j -I';! :"4- n \~ 1...;'1 , , v..' , -., 1 '. ,"J '. ) , ) i, I~'; ~';.J ',..- -. , ..-; " .1 : " ') .... , ,", 0'.. n );. i.:: ~ ~~) -t ~ '- .- :D t1'\ -< , HOPE A, RICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 96-6413 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE v, i' !i VICTOR L. RICE, Defendant Ii Ii I PRAECIPE TO TRANSMIT RECORD I To the Prothonotary: i " Transmit the record, together with the following information, to the court for entry , of a divorce decree: 1, Ground for divorce: irretrievable breakdown under Section 3301(c) of the divorce code, 2, Date and manner of service of the complaint: Defendant signed an Acceptance of Service form on November 21, 1998, 3, (Complete either paragraph (a) or (b),) (a) Date of execution of the affidavit of consent required under Section 3301 (c) of the divorce code: by the plaintiff FEBRUARY 19, 1999 by the defendant FEBRUARY 19, 1999 (b) (1) Date of execution of the plaintiffs affidavit required by Section 3301(d) of the divorce code N/A (2) Date of service of the plaintiffs affidavit upon the defendant N/A 4, Related claims pending NONE 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 Section 3301 (c) divorce was filed with the Prothonotary: FEBRUARY 19, 1999 Date defendant's waiver of notice in Section 3301 (c) divorce was filed with Ihe P",lhoool',>,' FEBRUARY 19,1999 ~ ~~ c:: . David A. Baric, Esquire Allorney for Plaintiff, Hope A. Rice ,-, ',0 , (~.. v:" " 1 -., ,..1 ,." , " , r-; J ", N "'~ (J I......:., .. '. ~) ~.~ ..: ""1'. " " -, ~ 1 (") , nl r-:-: J :-,:-\ .1 " :.n ~ ~ C::l -, -, HOPE A RICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO,98- l'I/; CIVIL ACTION-LAW IN DIVORCE CIVIL TERM VICTOR L RICE, Defendant 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 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 the Cumberland County Court House, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 Carlisle, PA 17013 Telephone: (717) 249-3166 !i 8, Plaintiff avers that the marriage between the parties is irretrievably I iil broken, I 9, The Plaintiff has been advised of the availability of counseling and that I she may have the right to request that the court require the parties to participate in I counseling, WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT II -EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above, 11, The parties have acquired personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property, 12, The parties hereto entered into a certain Prenuptial Agreement dated September 21, 1984, WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property in accordance with the Divorce Code and the Prenuptial Agreement executed by the parties, Respectfully submitted, ~~~, Date: /I/I'l- /t;",9 . , David A Baric, Esquire 1.0, #44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 II I, II 'i 'I Ii il I, il H i: .f :1 Ii iI Ii I I Ii I I I Ii I I I VERIFICATION I verify that the statements made in this Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa, C,S, 94904, relating to unsworn falsification to authorities, ./ ~ //, ( 't'} , HOPE A, RICE Date: //-/;!-9/ HOPE A RICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 98-6413 CIVIL TERM Ii VICTOR L. RICE, Defendant CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1, A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on November 12, 1998, 2, The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3, I consent to the entry of a final decree in divorce without notice, 4, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 5, I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary, 6, I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling, I do not request that the court require counseling, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, Section 4904 relating to unsworn falsification to authorities, Date: O:J.!rq /99 I ' ~~p~ r', 'T C " , , .,-, .'-- -I .. -~ m '..~ ..';:; '. :,-:: " I'. " . ~ . .. ,;(,': :i~! :n ...: HOPE A RICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 98-6413 CIVIL TERM v, VICTOR L. RICE, Defendant CIVIL ACTION.LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on November 12,1998, 2, Defendant acknowledges receipt and accepts service of the Complaint on November 21, 1998, 3, The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4, I consent to the entry of a final decree in divorce without notice, 5, 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, 6, I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary, 7, I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling, I do not request that the court require counseling, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, Section 4904 relating to unsworn falsification to authorities, Date: OfJ/lt? /~9 I ?/;In o{;;;('~ Victor L. Rice c; '-~ 1.,.:) ',., -" i r 'I , " :J ;',) :) , r....' ,"', r::, \.., -:~? :r , -:-, , , -;1 i , r;~"1 : ~-.,:i I :;- ~:~ I - :.~ - "0 -, (;"I =< i HOPE A RICE, I Plaintiff I ,/ " I it 'I Ii II II II I II I I I v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 98-6413 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE VICTOR L. RICE, Defendant ACCEPTANCE OF SERVICE AND NOW, this L day of November, 1998, I, Victor L. Rice, Defendant above, hereby accept service of the Complaint filed in the above case pursuant to Pa, RC,P, 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. P -;?} . ff'.r-:, 0.- /! L'-1" Victor L. Rice c.) ..:- ", .. '''' ''1 " : . - ", , r"~' , - " .. , ~':' , , ,": J.e , --. r.- ~:n -, m ~-