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HomeMy WebLinkAbout01-05446 i IN THE COURT OF COMMON PLEAS ..GERALD -. J..... REBEIt _ --.------ Verses EVA..E....REHER--- - --- N o......5.~.4.~......... ...zaaa...... DECREE IN DIVORCE AND NOW, ... ~,G~1.~...~(?......`.~''~~.~~it is ordered and decreed that .GERALD.J...RESER ............................... plaintiff, and • • • • • • • • • • •EVA• £: •REBER • ............................... . defendant, 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; ~ ~_ ..T.HE. MARITAL .SET.T.LEMEI3T . EXECUTER .ON..TH>r. 7 6TH, DAY, OF ,OCTOBER, 2001 ,SHALL,BE,INCORPORATED.INTO THE DIVORCE DECR E3y e C t: Attest: ~ J. Prothonotary r~:;:Td! . A,. ~N.+::1rS rs.:: ~~ ~~. ~. ~;::~~~s .-...-~:: ~ .. ~ ::~:: ~ ~ ~~~•...: v .: e;...~~ .. a s-::: e . e .::a; s : ~ .: ~~ 0 e s ;s; i i i ;e,; A `,o; i i e.: ~; ik SEPARATION AND PROPERTY SETTLEMENT AGREEMENT OF GERALD J. REBER AND EVA E. REBER THIS AGREEMENT, made this, day of p~ja aE~ 2001 by and between GERALD J. REBER, hereinafter referred to as "Husband", and EVA E. REBER hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 7`~ 1959; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous, therefore, of entering into an agreement which will provide for support, distribute their marital property, and will provide for their mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each patty at all times hereafter to live sepazate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other as fully as if he or she was single and unmarried, except as may be necessary to cazry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried 3. WIFE'S DEBTS: Wife represents and warrants to Husband that, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims and dernands made against him by reasons of debts or 1 1 ~~~ ~~~ obligations incurred by her subsequent to the entry of the divorce decree. 4. IIUSBAND'S DEBTS: Husband represents and warrants to Wife that, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims and demands made against her by reasons of debts or obligations incurred by him. 5. OUTSTANDING JOINT DEBTS: It is represented as between the parties that there are no joint debts as between the parties that were incurred prior to the effective date of this agreement and it is hereby understood, and agreed upon, that each parry that will not hereinafter incur any debts for which the parties may be jointly liable. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, as amended. Subject tU the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and dischazge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Section 202 of the Divorce Code. 7. EOUI~'ABLE DISTRIBUTION OF MARITAL PROPERTY• The parties have attempted to distribute their mazital property in a manner which conforms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code, and taking into account dre following considerations: the length of the marriage; the age, health ,station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to d1e education, training or increased earning power of the other parry; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties' including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each pazty in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each parry at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. 2 ~O/~ ~~ A. DISTRIBUTION OF PERSONAL PROPERTY The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession. Except as otherwise provided by the terms of this Agreement, the parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible mazital property. Neither party shall make any claim to any such items of marital property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any fitles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either parry if, in the case of tangible personal property, the item is physically in the possession or control of the parry at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of joint ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the parry. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the excepflon of Social Security benefits to which either party may have vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of Bach property, whether real or personal, whether such property was acquired before, during or after the 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. Wife agrees that all personal property not identified in this agreement and in husband's possession on November 151 2001 is the sole property of husband. Husband agrees that all personal property not identified in this agreement and in husband's possession on November 1~` 2001 is the sole property of Wife 8. REAL PROPERTY: The parties are the legal and equitable owners of a mazital home located at 100 Media Road, Carlisle PA. 17013. Husband shall sign and deliver to Wife all documents necessary to transfer title to Wife in the real estate. Wife in exchange agrees to indemnify and hold husband harmless for any taxes, liabilities and/or expenses incurred in connection with the maintenance, upkeep, and ownership of the home subsequent to the transfer of the same into her name. Husband waives any and all rights, claims, or otherwise to any insurance policies or proceeds relative to the real estate. Husband shall execute all necessary documents to transfer his ownership interest to Wife on or before November 151 2001. In consideration of husband transferring his ownership interest in the home to Wife, Wife agrees to pay to husband the sum of $40,000.00 (dollazs) on November 1512001. 3 3 ~~~ ~~~ 9. VEHICLES The parties are the legal owners of automobHes and shall divide their ownership of these vehicles as outlined hereinafter. (A) Wife shall retain ownership of the 1995 Ford Taurus, VIN number 1FALP52UOSA278583 and shall be responsible to maintain all expenses related to the operation and upkeep of the vehicle and which shall be the sole legal and equitable property of the wife free of any and all liens, and encumbrances. (B) Husband shall retain ownership of the 1997 Oldsmobile Silhoutte, VIN number IGHDX06EXVD204086 which shall be the sole legal and equitable property of the husband free of any and all liens and encumbrances and which husband shall maintain all expenses related to the operation land upkeep of the vehicle. (C) Husband agrees to pay wife the sum of $4,250.00 dollars on November 1~` 2001 due to compensate wife for the difference in the respective values of the aforementioned automobiles. (D) Wife agrees to sign and deliver all documents necessary to transfer title of the Oldsmobile Silhoutte. (E) Husband agrees to sign and deliver all documents necessary to transfer title of the Ford Taums 10. SUPPORT: (A) Husband hereby covenants to pay to wife 50 percent of husband's disposable military retirement pay after the final divorce decrees have been granted. Wife agrees that she will apply to Defense Finance and Accounting Service to implement this 50 percent distribution per the mandates of the same. (B) Husband agrees to pay to wife monthly an amount equal to 50 percent of their combined Social Security incomes minus the amount of wife's Social Security income after the final divorce decree has been granted and the Defense and Accounting Service has started wife's monthly allotment. (C) Husband agrees to pay wife $932.00 dollars per month until the Defense Finance and Accounting Service has started wife's monthly allotment at which point this payment shall cease. Wife in consideration of the aforementioned payments hereby waives and relinquishes finally, and completely all other claims against husband for Spousal Support, Alimony, Alimony Pexidente Lite, Costs & Expenses and any and all other forms of support of any and every kind and/or description except those recited and allowed within this agreement. (D) Periodic payments to wife unless specified otherwise, shall be made by check to be mailed to wife at her residence at 100 Media Road, Carlisle PA. 17013 or at her current residence should she decide to relocate. 11. PENSIgN RETIItEMENT PLANfSI• There are no stocks, bonds, or retirement plans or other benefits owned jointly or by either party except Social Security and military retirement based on husband's service and work record. 12. BANK ACCOUNTS (A) The parties agree that all funds in joint bank accounts and credit union account number 50293 SUFFIX: 00 SAVINGS and SUFFIX; OS INVESTMENT SAVINGS shall be divided equally 4 ~~~ ~ ~ on November 1~` 2001. (B) Husband agrees to pay wife 50 percent of the interest that has accrued and accumulated during a one year period, on account number 50293 SUFFD{; 40CERTIFICATE on the date of the final divorce decree. 13. TAXES The parties agree that they will file a joint federal income tax return for the 2001 tax year. State, Federal and local income taxes for the current year will be paid jointly by husband and wife. 14. COUNSEL FEES AND EXPENSES: Husband and wife shall not seek any compensation from the outer spouse for Counsel Fees and Expenses. Husband and Wife Acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties aze fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente life, counsel fees or expenses or any other provisions for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 15. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each parry 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 estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, intestate share, right to take against the will of the other, and right to act as administrator or executor of the others estate. 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. 16. SUBSEQUENT DIVORCE• Should a Divorce Complaint be initiated by either party against the other regardless of the section of the Divorce Code it is specifically understood and agreed to by the parties herein that the parties shall be bound by all the terms, conditions, and restrictions of this Agreement which shall be incorporated by reference into the Divorce Decree, shall not be merged into the Divorce Decree, and shall not be modified, but shall in all respects survive the same and be further binding and conclusive upon the parties. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted and prosecuted by either parry and no order, judgment or decree of divorce, temporary, final or permanent shall affect or modify the financial terms of this Agreement. This Agreement may be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 5 ~~~~ ~ ~ ~' 17. BREAC E C T: A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, or in Law and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of Equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the heazing and disposition of such case and so as to avoid delay. C. Each parry further hereby agrees to pay and to save and hold harmless the other parry from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in consequence of any default or breach by the other of any of the terms or provisions of this agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever; provided that the parry seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigaflon. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect or enforce his or her rights under this Agreement. 18. 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. 19. VOLUNTARY EXECUTION• The provisions of this Agreement and their legal effect have been completely reviewed by the parties, and each parry acknowledges that the Agreement is fair and equitable, that it is being entered into voluntazily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the fmancial affairs of the other, which has been requested by each of them. 6 ~~~ ~~K 20. ENTIItE AGREEME.IT• Tins Agreement contain the- entire understanding of the pardes and there are no representations, wazranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the division and distribution of marital and separate propem' aze fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors, which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final setflement and satisfaction of all claims and demands that they may now have or hereafrer have against the other for equitable distribution of their property by any tour of competent jurisdiction pursuant to Section 401(d) of the Divorce Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for dre purpose of enforcing any provision of this Agreement. 21. DISCLOSLIRE• Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other party of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such parry or every type whatsoever and of all other facts relating to the subject tnaner of this Agreement. 22. MODIFICATION A'D'D WAIVER: A modification and waiver of any of the provisions of this Agreemem shall be effective only if made in writing and executed with the same formality as this Agreement. the failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be constmed as a waiver of any subsequent default of the same or similaz nature. 23. PRIOR AGREEMENT• It is understgod and agreed that any and all property settlement agreemems which may or have been executed prior to the date and time of this Agreement are null and void and of no effect as well as any verbal agreements or represerations occurring prior to the effective date of this instrument. 24. Tire descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. ~~~ ~ ~ 25. IlYDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 26. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 27. VOID CLAUSES: If any terms, conditions, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 8 8 ~~ ~ ~ ~,.,.;:' IN WITNESS WHEREOF, the parties hereto have set thew hand and seals the day and year first above Written. ~~~- Gerald .l~eber, Plaintiff Commonwealth of Pennsylvania County of Cumberland Qn this, the ~ ,day of ©~y~E,ETA.D. 2001, before me a Notary Public appeared Gerald J. Reber, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, 1 her o set my hand and official seal. Seal NOTARIAL SEAL DAWN M. SHUGHART, Notary Public Carlisle, Cumberland County20oP Title of Officer My Commission Expires Nov. 28, G Ut2 ~. ~.P.Y~,l~li Eva E. Reber, Defendant Commonwealth of Pennsylvania County of Cumberland i On this, the _~,day of Z~ cJ-,~ ~ Pi/ A.D. 2001, before me a Notary Public appeared Eva E. Reber, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, h eunto set my hand and official seal. ' Seal NOTARIAL SEAL Title of Officer DAWN M. SHUGHARI; Notary Public Carlisle, Cumberland County 41v Commission Expires Nov. 28, 2002 9 ~~ ~ ~ ~ " ~ " ~ EN385h^~4h?&~£~.+'-"'x~#3i.s, r 7 e- 7Y~3[~$A+I~&' ..~,:.., --mx. .....v _. ...... _ , ~ w.l.~ C7 c ,--a C ~ti r .~_ v' - .. C; i t '-_ ~„• _ `'' `. ~ G S:C _ ,, c-~ ~ z. -c ~~.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA GERALD J. REBER, V. EVA E. REBER, PLAINTIFF, DEFENDANT No. 01-544b Civil Action----Divorce PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Please Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Secfion 3301(c) of the Divorce Code. 2. The complaint in Divorce was filed on the 18TH, day of September 2001 and received by the defendant by way of Acceptance of Service on the 20s' day of September 2001. (attached hereto) 3. The plaintiff, signed his Affidavit of Consent and Waiver of Notice on the 21s` day of December 2001 (which are attached hereto.) 4. The defendant signed her Affidavit of Consent, and Waiver of Notice of Intent on 2°d day of January 2002. (copy attached hereto). 5. There are no related claims pending as between the parties hereto and listed herein. The parties have executed a Marital Settlement Agreement on the 16`s day of October 2001 which settles all issues relative to distribution of marital property and claims regarding support. 6. The Plaintiff and Defendant signed a Waiver of Notice of Intention to Request Entry of a Divorce Decree on the 21s` and 2nd day of December and January, 2001 and 02, res ecti as required by Rule 1920.72. ~ ~ ~~ Date: //~/~ At 20 ~anicsburg, PA. 17055 790-0490/Atty. I.D. 69528 :Z - 9~i:Krt15&s.,a rv _.h, .eu m_.4 a,. ... _..,_ ..__.. .,,a~u4a_~#x~~F~aw~~:aakaa,~., au~•am.~~.~,a, .w.,,~~~wr ~~ ~; C ~~`-+ Z' [r' %„ 2~~ m K - .~- r t~.~ 7. ~Y ` ^ L' ~.. U1 U. Law Offices of Hazlett & Oesterling 20 South Market Street Mechanicsburg, PA 17055 (717)-790.0490 IN THE COURT OF COMMON PLEAS OF THE 9`~ JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA GERALD J.REBER Plaintiff ~} ~. v. EVA E. REBER Defendant Civil Action -Divorce NOTICE TO DEFEND AND CLAIM OF 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 properly or other rights important to you, including custody or visitation of your children. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO XOUR 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 WIIERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 ~,~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA GERALD J. REBER, PLAINTIFF, Civil Action---Divorce n / Case No. ~t -l`V~LL 1. ~o iL ~~LI~, V. ` EVA E. REBER, DEFENDANT, AVISO PARR DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quej as expuestas en las paginas siguientes, debe tomare action con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulaminento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensation reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonao, usted puede solicitar consejo matrimonial. Una lista de co sejeros C.erPaNd matrimoniales esta disponible en la officina del Prothonotary, en laCounty Court of Common Pleas, 2 Liberty Avenue Carlisle, PA. 17013. SI USTED NO RECLAMA PENSION AL1114ENTICIA. PROPIEDAD MARITAL. HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULIAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.USTED DEBELLEVAR ESTE PAPELA UN ABOGADO DE INMEDIATO SI NO TIENEPUEDEPAGAR UN ABOGADO. VAYA O LLAME A LOFFICINAINDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASIS TENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 _. . ~~~ ~~ .~ ,, .; w , AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. & 3301(a)(6)-------Indignities 23 Pa.C.S. & 3301(c)----------Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. & 3301(d)----------Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation. A list of mamage counselors is available in the Office of the Prothonotary of Cumberland County Courthouse, l Courthouse Square, Carlisle, Pennsylvania 17013: HAZLETT & OESTERLING Attor for Plaintiff 20 ouch Market Street Mechanicsburg, Pennsylvania 17055 (717)790-0490 ,r..~ ...............W _ .~...,_ .e.... _ ~,.~.,:~._.,..: ~ , ....__,.. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA, GERALD J. REBER, Plaintiff, VS. EVA E. REBER, Defendant, Civil Action At Law---Divorce C~.~ Case No. b l ^ S'~lyL ~i,(, L~i~,, COMPLAINT UNDER SECTION 3301 (C) OR 3301 (D) OF THE DIVORCE CODE 1. The plaintiff is Gerald J. Reber, currently residing at 100 Media Road, Carlisle 17013 in the County of Cumberland, Commonwealth of Pennsylvania, 2. The defendant is Eva E. Reber, currently residing at 100 Media Road, Carlisle 17013 in the County of Cumberland, Commonwealth of Pennsylvania. JURISDICTION & VENUE 3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of more than 6 months. 4. The parties were married on the August 7`~ 1959, Ludwigsburg Germany. I , ~, 5. The Plaintiff is not in the military or naval service of the United States or its allies F I: within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce instituted by the plaintiff or defendant in this Commonwealth. COUNTI GROUNDS FOR DIVORCE REQUEST FOR NO-FAULT 3301 (c) or (d) OF THE DIVORCE CODE 7. The prior paragraphs are incorporated herein by reference. 8. The marriage between the Plaintiff and Defendant is irretrievably broken. After (90) days have elapsed from the date of the filing of this Complaint, plaintiff intends to file an affidavit consenting to a divorce. WHEREFORE, provided the parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing and the serving of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section 3301(c) of the Divorce Code. . 3301 d 9, For the purposes of section 3301 (d) of the Divorce Code, the parties have been living Separate and apart since September 6`~ 2001. 10. The marriage is irretrievably broken. 11. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. 12. In the event that consent from the defendant is forthcoming Plaintiff shall seek a unilateral divorce pursuant to and in conformity with section 3301 (d) of the Divorce Code subsequent to the filing of this Complaint. ~.,~ WHEREFORE, if plaintiff request the Honorable Court to enter a Divorce Decree under section 3301 (d) provided defendant does not oppose the entry of such relief. 13. The parties have two biological children that were born within the marriage that are of the ages of majority. 14. The parties have not heretofore entered into any written agreement as to support, alimony, or property division. Dated: ~S HAZLETT & OESTERLING ATTORNIUXS AT LAW Attor for P1a~igYiff 20 uth Market Street Mechanicsburg, Pennsylvania 17055 (717)790-0490 VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. & 4904, relating to unsworn falsification to authorities Gerald eber, Plaintiff „ _ a3Rn'~'~'%ih ~m+ e.r ~a7 ua ~-z_u~nw.u~v~/u~danrs ..~,m .. s,.=y, .. .~rvri~tt~a+siN~sX ~~ ~\ "C'/ O ~j 1 ^~ V ~ v ~~ Ci ' CAi n - r. Yi _ ~ l l i ~;_'; ~ 17 _ 'c+ `~ ~ i~-i ~i 1V J . .y '-V -~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA GERALD J. REBER, Plaintiff Civil Action--- DIVORCE Vs. EVA E. REBER, Defendant Docket # 01-5448 CERTIFICATE OF SERVICE I, Gregory S. Hazlett, Esquire, hereby certify that on the 18TH day of September 2001 I made service of the foregoing Divorce Complaint and accompanying documents, upon the defendant Eva E. Reber by way of first class mail postage prepaid and the same was received by defendant by Acceptance of Service on the 20`~ day of September 2001 (Attached hereto.)to the following address listed hereunder.. Eva E. Reber 100 Media Road Carlisle, PA. 17013 DATE: 1/3/2002 HAZLETT & OESTERLING 717-790-0490 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA GERALD J.REBER Plaintiff, No. 01-544 v. EVA E. REBER Defendant Civil Action -Divorce ACCEPTANCE OF SERVICE I Eva E. Reber, accept service of the Complaint in Divorce, Notice to Defend and Notice of Availability of Counseling in the above-captioned matter. I aclmowledge that I am the Defendant in said matter or that I am authorized to accept on behalf of the Defendant. Date Eva E. Reber, Defendant or Authorized Agent coo ~ Q~ ~ ~ ~. C~~~see P~ Mailing Address ~ ~~~~~3 .3.Y ei z>S1SSxF.H±C:_1 E+,_i-, P.v'v: ~..~nK3 it..m w~_...4H.:}la~s`L`V~`&'SWl3l~ffi+v'~witl~.: ~•••_m^d5P.V1l~fPAi`eWb' ~ ... .. f~ ~ '-r'. ~ .- _ ~ ~' -~+ ~ il C;, ~tl~ : g 4`r 'i• ~~tt 7 1~ r ~1 ~ ~` ~.~ ~ ~ -4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA GERALD J. REBER, PLAINTIFF Civil Action---Divorce Docket No. 01-544 VS. EVA E. REBER, DEFENDANT AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 18s' 2001 and served upon defendant on September 20~' 2001 by way of an Acceptance of Service. (Attached hereto). 2. The mamage of plaintiff and defendant is irretrievably broken and ninety days have Elapsed from the date of service of the divorce 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, lawyers Fees or expenses if I do not claim them before a divorce is granted. 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. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date::~,,4-,~/ - D / Gerald giber, Plaintiff _~.:vn. *.~L_~.u _ ~.a,.__ .._ _„1~~a ,~.,,~, etirkdaE ~~e~~ s.r,~et~~G~~ki - _ <7 ~ =. C. r .. 't7 ~~~. - - z c E `. y G .. .~: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA GERALD J. REBER, Civil Action----Divorce PLAINTIFF No. 01-544tp VS. EVA E. REBER, DEFENDANT WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 330~C1 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. 4. 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: /~ -~/ -p~ ~~ Gerald eber, Plaintiff ~.~ Wtl2N.~.;L10~ ~~. ~ ~. _ ~ 1 ,. .. ~_ . ,.. r.c F ~ti-.-?~ a'tR["1gkFhlhw a z h-...zs c.a mdL8~6.;~1i6'v'SrOklYYA@r~'§mv ~ - - m ~. C~ r~ ~~ ~~ .~ Lf ~~ ! 6 ~_J f / ~. ~. ,' ~~~ ~~ ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTX, COMMONWEALTH OF PENNSYLVANIA GERALD J. REBER, PLAINTIFF VS. EVA E. REBER, DEFENDANT Civil Action---Divorce Docket No. 01-54416 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 18~' 2001 and served upon defendant on September 20'" 2001 by way of an Acceptance of Service. (Attached hereto). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have Elapsed from the date of service of the divorce 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, lawyers Fees or expenses if I do not claim them before a divorce is granted. 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. Cons. 5tat. S 4904 relating to unsworn falsification to authorities. Date: ~?i oL0!? o'Z Eva E. Reber, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA GERALD J. REBER, PLAINTIFF VS. EVA E. REBER, DEFENDANT Civil Action----Divorce No. 01-544 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DFCREE UNDER SECTION 3301 {~ 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. 4. I verify that the statements made in this Affidavit aze true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. & 4904 relating to unsworn falsification to authorities. Date:~gv~ ~. o2Do~Jj ~UG{, ~ . l~~U{i 0 ~ Eva E. Reber, Defendant t r.t .~ n~..s i -k«z e f w3.",=t ,n ._ .. ,, ti•E ~dq~&~i ' ~"s~,YA~de`.{y~adL1:; .die.. , sa~3s~i8~w~kl~it~d~ Y Z a? '~` _ ~~_ 3 ~, ~~ r~ ~ ~f; r r. _`):1