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HomeMy WebLinkAbout03-2609R. Austin, Plaintiff Iranae R. Austin, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 03- .).(, 07 CIVIL TERM · CIVIL ACTION - LAW · 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 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 c0unselors 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 )PERTY, 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, PA 17013 (717) 249-3166 Robert R. Austin, Plaintiff Iranae R. Austin, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03- ..:z~,o? CIVIL TERM : CIVIL ACTION - LAW :IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Robert R. Austin, an adult individual, currently residing at 79 Clay Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Iranae R. Austin, an adult individual, currently residing at 139 E. Louther Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide 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 October 4th, 1985 in Baltimore County, Maryland. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. 9. Plaintiff and Defendant are citizens of the United States of America. The parties have lived separate and apart since July 1998 and continue to live separate and apart as of the date of this Complaint. 10. The parties' marriage is irretrievably broken. 11. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. Date Respectfully Submitted TURO LAW OFFICES Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff 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 Pa.C.$. §4904 relating to unsworn falsification to authorities. Robert R. Austin CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of Complaint for Divorce filed in the above captioned case_ up~on Iranae R. Austin by certified mail, return receipt requested on.~',-~ day of ~,~,.>z_ ,2003 addressed to: Iranae R. Austin 139 E. Louther Street Carlisle, PA 17013 TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff SEPARATION AGREI-'MENT AND PROPER'rY SETTLEMENT This Agreement, made and entered into this (,.~ day of ~ l[--~._~., , 2003, between Robert R. Austin, of Carlisle, Cumberland County, Pennsylvania, herein referred to as "Husband," and Iranae R. Austin, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as 'Wife." WHEREAS, the parties hereto are now Husband and Wife, having been lawfully married to each other on October 4, 1985, in Baltimore County, Maryland; WHEREAS, there have been four (4) children born prior to this marriage between Husband and Wife, to wit: Eve R. Austin, d.o.b. January 21, 1973, Adam Austin, d.o.b. March 16, 1978, Colleen P. Austin, d.o.b. June 1, 1984 and Jennifer K. Austin, d.o.b. August 20, 1985. WHEREAS, the parties hereto are now living separate and apart and have been living separate and apart for five (5) years and desire to enter into an Agreement respecting their property rights regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; 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 execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; 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 rights to be supported by Husband and all of her rights 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 curtsey, 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. 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 eqch other. 2. 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. 3. Mutual Power and Estate Waiver. Except as otherwise expressly set forth 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 property or estate of the other, and to that end both parties waive, relinquish and forbear the right.,; of dower of curtsey, 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 rnarried, 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 2 so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exemise 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 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 equitable distribution or married property ordered by the Court subsequent 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 maintenance, 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. 4. Child Custody. The parties have one minor child who shall be 18 years of age on August 20, 2003. The parties have arranged custody and visitation to each party's satisfaction since separation July 1998. The parties agree to maintain the same working custodial/visitation relationship that has historically proven effective. 5. Suppo~ Child Support. Both parties have mutually agreed to continue the historically working child support until the minor child graduates from high school unless otherwise mutually agreed upon. Medical Care for the Children. The parties agreed that the children shall be carried upon the wife's medical insurance prc~jram. The parties further agree that any medical or dental expenses for the children not covered by insurance shall be divided equally between them. 3 6. Distribution of Marital Assets. The partiies agree that the items of personal property have been divided to each party's satisfaction. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to tile Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarried. All items of personal effect such as but not limited to jewelry, luggage, sports equipment, hobby collections and books but not including furniture or any other property, personal or otherwise specifically disposed of pursuant to this Agreement shall become the absolute and sole property of the parlly who has had the principal use thereof or to whom the property was given or from whom it was pumhased, and each party hereby surrenders any interest he or she may have in such tangible personal property of the other. 7. Debt. The parties have divided all outstanding debts. The parties agree that they will each be responsible for their individual debts incurred subsequent to the separation of the parties and that each party shall hold the other party harmless for the debt incurred subsequent to the separation. 8. Future Debts. The parties further agree that neither will incur any 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 hold the other party harmless from any and all liability thereof. 9. Real Property. The parties agree that the real properties located at 511 Main Street, Lykens, Dauphin County, Pennsylvania and 79 Clay Road, Carlisle, Cumberland County, Pennsylvania have a fair market value of $.40,000.00 and $115,000.00 respectively and shall be transferred into the name of Husband. Husband agrees to assume the existing mortgages and to hold Wife harmless for any debt thereto. The parties shall execute all documents concerning the transfer of title and mortgages to Husband as soon as the Husband can be approved for a mortgage. In consideration, Wife shall waive all rights to the equity in the two properties and the Husband's retirement approximating $12,700.00 eamed duriing the course of the marriage at Eicheiberger's Inc., 107 Texaco Road, Mechanicsburg, Pennsylvania. Husband shall pay to Wife Seven Thousand Two Hundred Dollars ($7,200.00) upon the execution of all documents transferring the real property into the Husband's name along with any mortgage transfers. Mortgages exist on the 511 Main Street property with Community Banks, Halifax, Pennsylvania in the amount of $17,796.95 at loan number 2497720 and Upper Dauphin National Bank, Millersburg, Pennsylvania in the amount of $28,000.00; mortgages exist on the 79 Clay Road property with Platte Valley Funding assigned to Principal Residential Mortgage in the amount of $87,771.00 and Household Realty Corporation located in Mechanicsburg, Pennsylvania for the principal sum of $26,046.18. Wife agrees to allow her name to remain on the existing mortgages where no violation of law exists unless or until the Husband defaults upon any of the loans; in that event and only in the event of the Husband's default, the properties shall be sold immediately and the loans rs-paid from the proceeds and the Wife shall not be held liable for those mortgages. Wife shall be held harrnless and Husband shall be solely liable for the mortgages and any amount due and owing after the sale of the properties. Both parties agree to execute any and all future documents reasonably related to the transfer of title to the marital properties and cooperate in the prompt payment of all marital debts as outlined above. Wife has been advised that paragraph 9 of this Property Settlement Agreement does not release i3er indebtedness to the mortgage company; in order for that to occur, refinancing thE; mortgages into the Husband's name as the sole borrower or guarantor must occur with the approval of the lending institutions. 10. Alimony. The Wife waives all interest and right that she may have in alimony and forgoes all claims for alimony that she may have under the law. 11. Pension. Wife waives all of Husband's retirement and the Eichelberger retirement approximating $12,700.00 earned during the course of the marriage and pension proceeds that she may be entitled to under the law. 12. Counsel Fees and Court Costs. Husband agrees to pay all costs of this divorce and the attorney fees related directly thereto.. 13. Divorce. The parties acknowledge that an action for divorce between them has been filed by Husband and is presently pending e divorce between them in the Court of Common Pleas of Cumberland County to the docket number 03-2609 Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the §Frounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledged they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action. 14. Breach. In the event that either party breeches any provision of this Separation and Property Settlement Agreement, he or she shall be responsible for any and all costs ~ncurred to enforce the terms hereof, including, bul! 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. 15, Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any Court of competent jurisdiction. 16. 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. 17. The Entire Agreement. The parties acknowledge and agree that this Marital Settlement Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are not other representatives, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 18. 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 things that rnay 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 party slhall 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. WLTNESSES: y, Robert R. Aus~'-"-~, Iranae R. Austin Commonwealth of Pennsylvania } County of Cumberland } ss: On the ~2''L~ day of 3(,..~F~ ~.. 2003, before me a Notary Public the undersigned officer, personally appeared Robert A. Austin and Iranae R. Austin known to me (or satisfactorily proven) to be the persons whose name is subscribed to the within Separation Agreement and Property Settlement, and acknowledged that they executed the same for the purpose .¢~-~ day of_ ,,~L.~_~ 2003, before me a Notary Public, the undersign therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My commission expires: ROBERT R. AUSTIN, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2609 CiVIL TERt~ ~ O IRANAE R. AUSTIN, : CiVIL ACTION - LAW 5:~ DEFENDANT : 1N DiVORCE -~ ACCEPTANCE OF <' :~z On day of October, 2003, I, Iranae R. Austin received tl~e Complaint in Divorce and Motion to Defend and Clairn Rights that was filed June 3, 2003 at the Cumberland County Prothonotary office. Iranae R. Austin Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this, the -~9¢7/'¢' day of ~t. JO 3,8 ,-- , 2003, before me, a Notary Public, in and for the aforesaid Commonwealth and County, the undersigned officer, personally appeared Iranae R. Austin, known to me, ,or satisfactorily proven, to be the person whose name is subscribed to the within Acceptance of Service and acknowledges that she executed the same for the purposes therein contained. 1N WITNESS WHEREOF, I hereunto set my hand and notarial seal. / Notarial Seal / R~ j. Mul~dg, Not~. Public Robert R. Austin, Plaintiff Iranae R. Austin, Defendant : IN THE: COURT OF COMMON PLEAS OF : CUMBFRLAND COUNTY, PENNSYLVAN : NO. 03.-2609 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under {}330'1 (c) of the Divorce Code was filed on June 3, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and nin (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVI'I 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 ' Robert R. Austin Robert R. Austin, Plaintiff Iranae R. Austin, Defendant : IN THE! COURT OF COMMON PLEAS OF : CUMBFRLAND COUNTY, PENNSYLVANIA : NO. 03.-2609 CIVIL TERM : : CIVIL ACTION - LAW :IN DIVORCE WAIVER OF INTENTION TO REQUEST .ENTRY OF A DIVORCE DECREE UNDE~ § 3301(c) OF THE DIW3RCE CODI" 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 ol 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 MADiE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TC UNSWORN FALSIFICATION TO AUTHORITIES. bate ' Robert R. Austin Robert R. Austin, Plaintiff Iranae R. Austin, Defendant : IN THE! COURT OF COMMON PLEAS OF : CUMBFRLAND COUNTY, PENNSYLVAI~ : NO. 03.-2609 : CIVIL ACTION - LAW :IN DIVORCE AFFIDAVIT OF CONSENT CIVIL TERM 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on June 3, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREII~ ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ranae R Austin Robed R. Austin, Plaintiff Iranae R. Austin, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBI--RLAND COUNTY, PENNSYLVANIA NO. 03-2609 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE .WAIVER OF INTENTION TO REQUEST .ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIWDRCE CODF 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 THE FOREGOING AFFIDAVI' ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREI ARE MADE SUBJECT TO THE PENALTIES OF: 18 Pa.C.S. {}4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Iranae R. Austin Robert R. Austin, Plaintiff Iranae R. Austin, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBFRLAND COUNTY, PENNSYLVANIA : NO. 03.-2609 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVC)RCE PRAECIPE TO TRANSIVIlT RECORI3 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)) of the Divorce Code. 2. Date and manner of service of the complaint: Personal Service on October 24, 2004 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code. By Plaintiff: May 6, 2004 By Defendant: May 6, 2004 4. Related claims pending: None. Date the Waiver of Notice in §3.,01(c) divorce was filed with the Prothonotary: By Plaintiff: May 14, 2004 By Defendant: May 14, 2004 Attorney four Pla'~ .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO{JNTY STATE OF ~ PENNA. Robert R. Austin N o. 03-2609 VERSUS Iranae R. Austin DECREE IN DIVORCE AND NOW,. DECREED THAT Iranae R. AND Robert R. Austin Austin 2004 ARE DIVORCED FROM THE BONDS OF MATRIMONy. __ , IT IS ORDERED AND , PLAINTIFF, -, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLI.OWING CLAIMS WHICH HAVE ~JEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT Yet BEEN ENTERED; The paratlon Agreement and Property S~ttlement" of I,Se · June 6, 2003 attached hereto is incorporated but not merged in this Final Divorce Decree BY THE COURT: PROTHONOTARY .Ad :qC ' .c