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HomeMy WebLinkAbout01-03982IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Alicia D. Rife N O. 2001-3982 Plaintiff VERSUS David M. Rife Defendant DECREE IN DIVORCE DECREED THAT AND AND NOW, ~~ ~ v , ~r+°'- IT IS ORDERED AND David M. Rife Alicia D. Rife DEFENDANT, PLAINTIFF, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Parties' Marital Settlement Agreement dated 12-12-O1 is BY THE. COURT: ATTEST: ~ ~ J. PROTHONOTARY ~~~3~daie;r~~wSElur~~ avt[~b¢s~xr~ -ev,>n~xuu .a~.,axi,»s-asv~~~~ - vcs'ddm- - ~- r ~ i c ALICIA D. RIFE, Plaintiff vs. ,. ~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION -LAW DAVID M. RIFE, NO. 2001-3982 CIVIL TERM Defendant IN DIVORCE MARITAL PROPERTY AND SETTLEMENT AGREEMENT This Agreement, made and entered into this i ~~- day of ~~-t 2001, between Alicia D. Rife, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Wife", and David M. Rife, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Husband." WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on December 21, 1996 and are the parents of one minor child: Noah E. Rife, born March 2, 1996; and, WHEREAS, certain differences have arisen by and between the parties as a result of which they have now separated and the parties hereto are desirous of settling fully and finally their respective fmancial and properly rights and obligation 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 matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband of Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and, WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the 1 r ~ • ~ execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; and, WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented;and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to counsel fees, or expenses and other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Advice of Counsel. Husband and Wife acknowledge that they have been given the opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. Each parry acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligation, and each parry acknowledges and accepts that this Agreement is, and under the circumstances, fair and equitable, after having the opportunity to 2 a ~ 4 ~ ~ receive such advice and with such knowledge, and that execution of this Agreement is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has had the opportunity to be fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and having the opportunity to be fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Cumberland County, or` any other court of competent jurisdiction, make any determination or order effecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigafion. 2. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 3. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 4. Mutual Property and Estat¢ Waiver. Except as otherwise expressly set forth 3 f herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an 4 ~ k equitable distribution of married property ordered by the Court pursuant to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 5. Division of Personal Property. The parties agree that they have divided their personal property including all household items, to their mutual safisfaction, except that Wife shall retain the following: dining table and chairs, microwave, vacuum cleaner, dressers, bed/mattresses, computer/computer equipment, desk, and Husband shall retain the following: couch, living room chair, all movies, television and VCR, entertainment stand, guitar. AUTOMOBILES: Further, the parties have agreed to retain the vehicles that they presently, drive and that each will assume the respective payments for their vehicles if any. In this regard, Husband shall retain the 1986 Dodge Diplomat; Wife shall retain the 2001 Hyundai Accent. The parties agree to execute any and all documents necessary to effectuate the change of title on said vehicles, if necessary. BANK ACCOUNTS: The parties acknowledge that all checking accounts, savings accounts have been transferred to separate names and both parties waive any additional monies therefrom. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property which is in their possession or control pursuant 5 ~. to this Agreement and may mortgage, sell, grant, convey or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 6. Debts. The parties agree to assume their respective credit card debt and car loans if applicable. Each will indemnify and hold harmless the other as to these respective debts. The parties agree to be responsible for any other individual debts which aze presently in their individual names and to indemnify and hold harmless the other for the aforementioned debts.. 7. Future Debts. The parties further agree that neither will incur any more future debts for which the other may be held liable, and if either party incurs a debt for which the other. will be liable, that party incurring such debt will indemnify and hold the other harmless from any and all liability thereof. 8. Real Property. None. 9. Support, Alimony and Alimony Pendente Lite. Any claim for child support shall be handled through the Domestic Relations Section of the Court of Common Pleas of Cumberland County. Both parties waive any right to alimony, spousal support and alimony pendente lite. 10. Custody. The parties shall share legal custody of Noah E. Rife. Mother shall have primary physical custody of the child with Father having periods of partial physical custody as the parties agree. 11. Pension/401K/Retirement Benefits. Each parry agrees to waive any right they may have in the others' pension or retirement plan or 401K 6 i 12. Taxes. The parties agree that a112001 income taxes shall be filed separately, unless otherwise agreed. 13. Counsel fees. Each party agrees that they shall pay their respective counsel fees. 14. Divorce. The parties acknowledge their intention and agreement to proceed in an action in divorce to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in any divorce action. The parties agree to execute any and all documents necessary for the entry of a final divorce decree. 15. Breach. In the event that either party breaches any provision of this Marital Property and Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 16. Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof maybe enforced in any court of competent jurisdiction. 17. Applicable Law and Execution. The parties hereto agree that this marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 18. The Entire Agreement. The parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the parties and supersedes any prior 7 agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 19. Incorporation and Judgment for Divorce. In the event that either Husband or Wife at any time hereafter obtain a divorce in the action for divorce presently pending betweeri them, or otherwise, this agreement and all of its provisions shall be incorporated into any such judgment for divorce, either directly or by reference. The Court, on entry of judgment for divorce, shall retain the right to enforce the provisions and terms of this marital. settlement agreement. 20. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that parry shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. ESS: ~~ ALICIA D. RIFE r- DAVID M. 8 ~ 4 ~ r; C.~..~" -:. la :_3 t:r : ~_ . C7 . ';j `tj ~ ~'' _ Ls `~ °n ' -a n fv ~.$ ~6 -^;~ .. - - - ... max.#cs•.n+s r, .., .,,r-n. . ., fie. ~:zx= r~¢. x:e,:_.;. a .s=YZtnnn .3'+°5XdR~ . ~. . S56uF Alicia D. Rife Plaintiff VS. David M, Rife Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 2001-3982 CIVIL TERM PRAECIPETOTRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under§3301 (c) ~• (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of SPrv;re ~arP~t June 29, 2001 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff 4-1-02 by defendant p_t _m (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: 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 of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: ~_A_m __ Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: ~-~ I' 1, V Attorney for Plaintiff / t c'~ r~ ~_ ~ ~' ~e _ ~_. -~~, ~,~. =~= ,~ ~ -~~ ~~ ~ ~ .. ~ ~' ~. ~, ,~, ~; '= ~, _? r., o :, ~.: ~s t ALICIA D. RIFE, Plaintiff vs. DAVID M. RIFE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ENNSYLVANIA CIVIL ACTION -LAW N0.2001- ~ 98~ CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case 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 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION 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 Carlisle, Pennsylvania 17013 (717) 249-3166 ALICIA D. RIFE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW N0.2001- 398=2 CIVIL DAVID M. RIFE, Defendant IN DIVORCE COMPLAI TIN DIVORCE UNDER SECTION 3301 (C) OR 3301 (Dl OF THE DIVORCE CODE AND NOW comes Alicia D. Rife, plaintiff herein, by and through her attorney, Jacqueline M. Verney, Esquire, and represents the following: 1. Plaintiff is Alicia D. Rife, an adult individual, currently residing at 162 W. Louther, Carlisle, Cumberland County, Pennsylvania 17013 2. Defendant is David M. Rife, an adult individual, currently residing at 162 W. Louther, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on December 21, 1996 in Walnut Bottom, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of man•iage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. t.=, ~. Having been so advised Plaintiff does not desire the Court to order counseling. 7. This marriage is irretrievably broken. WHEREFORE, Plaintiff prays Your Honorable Court enter a decree in divorce. Respectfully submitted, ac eline M. Verney, Esquire Supreme Ct. ID. 23167 44 South Hanover Street Carlisle, PA 17013 (717)243-9190 Attorney for Plaintiff .# t VERIFICATION I verify that the statements made in the foregoing divorce complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. -a(~-ol Date ~~~ Alicia D. Rife, Plaintiff . s, ALICIA D. RIFE, Plaintiff vs. DAVID M. RIFE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION -LAW N0.2001- ,~ 98~ CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce in the above captioned matter pursuant to Pennsylvania Rule of Civil Procedure, Rule 1930.4(d). I certify that I am authorized to accept service on behalf of defendant Date: ~~~ C~/lj l Defendant or author' ed agent Address ~. 0 3 c, _, c: -- _,: , -; =,_ -~ .. ~. ~_; -, Es Fo I~!:A _ .. 'tll~!A'Nf.. :"~!_.?.'^':iLr t,w ,, r:..'. +. ,§.<n~tl: "pYnf't-n e. -v'3:" -vl ,•~ 4I ~:=F. a:R{`ISA#Fd, ALICIA D. RIFE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION -LAW N0.2001-3982 CIVIL TERM DAVID M. RIFE, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 {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. § 4904 relating to unsworn falsification to authorities. Date: ~'~'~ Alicia D. Rife, Plaintiff ;~ r> ~ ~ -~ G~ ~ 'cicJ ~G y, :',~-ii ~? ~f ~G 1 +'Jl `7 < t.~ ALICIA D. RIFE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW DAVID M. RIFE, : N0.2001-3982 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 27, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and 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. 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: Ll ' l' o ~- Q,.Qi.U..ei Alicia D. Rife, Plaintiff -..,, mP n o r 3-., -~ y -a czi ~„ -o -+ r.. -,y mr*` ~ -- ~ v ~ ~ --, ? ~~ c~, ... ~ :- ~ ~ ~~rn Y 3 a ?< , c E"s Eby _ - __~ie.. ~~m-~rns r: n +a A~:ns ~ ~E.~~mva„ ._FK F'~-.-- .-, .-.~ ~ wv ALICIA D. RIFE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION -LAW N0.2001-3982 CIVIL TERM DAVID M. RIFE, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (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. § 4904 relating to unsworn falsification to authorities. Date:oyai a'L ~" David M. Rife efendant ,nom- .. , c> ~~ ~ -,, - -3 n~rr ~ 'r- +~ . J- ~f~> ~° . . A~ L ~~ Cw3 -G; ~xa<.: ~wre, ..,,=p•~;a r °~„era gans~i9~~RenWAC.. . r ~a . ALICIA D. RIFE, Plaintiff v. DAVID M. RIFE, Defendant r ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2001-3982 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 27, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and 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. 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: d of gZ ~--r~- , David M. Rife, Defe ant ~ n~~~~~ r ~ i a ~ ~ Q Q G ;~ ~ ~ ~~ I ~ ~~ ~ -S C' f !~ +~ '- r, r ~ ~ ~~rn ~~ "~ < c.~ M ~S, G