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HomeMy WebLinkAbout99-02084 ~ ~ J - - ,.'- MAY 2 J 199~ REB!KAIl S. CHRISTOPHER, Plaintiff IN 'l1IE CXlURT OF <n1MC::W PLEAS Of' CUMBERLAND COON'1Y, PDlNSYLVANIA va. CIVIL ACTION - LAW NO. 99-2084 JOHN CHRISTOPHER, III, Defendant IN CUSTOOY amm OF CXXRr AND to, this 19th day of May, 1999, the Conciliator, being advised by counsel for Plaintiff that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for May 19, 1999 is canceled. FOR THE COURT, dJ~~c~'V Dawn s. Sunday, Esquire a CUstody Conciliator -- -~. .. (;, roo ~:. l",'~ ., ) I' , 1,_ - ", - , ., <) ..-. , -i_ , ....: , " --:1 'y:: .. ..T (0 ;:: N I .:..;~ ..' , ~ i L: c:.:-: q ~.e -'- I G"l :3 (.:5 C~"l u ,~",;".,-,.,,.,.". --------------~-~---~----~----~ el ---. - , ,. --" -- - --" ------------.--..'--.----." ~-~~ II! ~ .. ~ IN THE COURT OF COMMON PLEAS g ~ . :/ OF CUMBERL~ND COUNTY : e ~. g ~i STATE OF ,~~ PENNA. ! ~ '" W & '" ~ ~ REBEKAIIs. OIRISTOPIlER, No. q!l!l-::29!l1 q,~ ~ $ Plaintiff ~ ... Vt'I":';IIS " ; ; ~ JOHN OffiISTOPIlER, III, ~ ~ De~~t ~ ~ '.' .'. ~ ~ ~.' DECREE IN D I V 0 R C Ed ",'~'IA"', AND NOW, .. .. ..~./ ~ .. , .. .. " 19f1..... it is ordered and decreed that ".".,...,~, ~.'. ~~~!?~, . . . . , , . . . . , , . . '. plaintiff, and. . . . , . , , . , , . . . . ,~~ '~~~~" ,~~I , . , . . , , , , , . . . . . . , , . " 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; ~ ~.' ~ ? ~ $ ~ ~.~ ~ W f.~ ~ ~~ ~ :> }.' ~ ~ ~ ~ ~ ~ - ,....:. .~}. 0:.:. .:+:. .:,. . . ,. . , .~': ,~~x:t;y ,~~t~~~ ,~~~~~ .~~ .~~c:<?':I:"?r~~~~ .I;>l!~ ,I)<?~ .~~!.. into the Decree. .. ..... ........... .......... .......... ...... .... ........ ............ ....... n y T Alle.t: A ~_ ....T~~ , . Prothonotary ~ -....-..............-.---~-,-.~~ - .~_._., ~.--. .~ - ,.~,. -._--~ -~---.--------~-~~~-----~_.~.~--~.-~-..-~---- > ~ ~*-*~~---*----**~~-**~~ 8 !-. " ~ a ,'~ ~ .' ~ ~ .~ .. ~ ~.~ " ~ ~~ " ~ ,.; ~ ~ , rtJ ,', ~ ~ " ~ '.~ ~ ~ ~ ~ J. ~ ~ ij * . PROPERTY SErrLEMENT A<JHEEMENT THIS IS AN AGREEMENT mude this~\luy ofU;yl.J:'"I'Il)'1, by und between John Christopher 1II ,of Carlisle, Cumberland County, l'enn~yll'uniu,~!\ereinuOer referred to us Ilusbund) and Rebekah Christopher, of Carlisle, Cumberland County, Pennsylvania, (hereinaOer referred to as Wife). WHEREAS, Husband and Wife were married on April 4, 1994 in Hagerstown, Maryland; and WHEREAS, various differenccs have urisen between Ilusband and Wife, whereby they have been living separate und apart since March 1999; and WHEREAS, the parties havc agrccd to maintuin sepllrllte and pcnnanent domiciles and to live apart from each other; and WHEREAS, the parties desire to enter into un umicable settlement to provide for all of the property rights of the purties and to dispose of the rights and obligations of each to the other in respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights and obligations under the Divorce Codc of 1980, as amended, and it is the intention and agreement of the parties that this Agreemcnt be a full, complete Hnd linal settlement of all of those rights and obligations under said Divorce Code; and NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bound by the provisions hereof, the parties agree that their recitals form a part of this Agreement and waive any right to counseling under the Divorce Code of 1980, as amended, and right to counsel fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not provided for herein and agree as follows: 1, SEPARATION, The parties agree that it shall be lawful for each pal.ty, at all times hereaOer, to live separate and apart from the other, at such place or places as he or she may, from time-to-time, choose or deem lil. Each party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement and as may be necessary to exchange information that pertains to the parties' minor child, Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peneeful existence, sepnrate and apart, from the other. 2. AUTOMOBILES. Wife shall have as her sole and exclusive property, possession of the 1998 Ford Contour. The vehicle will remain in both her and Husband's names until the loan with 1 . Ford Motor Crcdit is paid in full. At that timc, Ilusband will coopcratc intitlc being transfcrrcd to Wife's namc alonc. Husband shall havc as his sole and exclusivc propcrty, posscssion ofthc 1998 Ford Expcdition. Thc vchiclc will rcmnin in both his and Wifc's namcs untilthc loan with Ford Motor Crcdit is paid in full. At thattimc, Wifc will cooperate in title being transferrcd to Husband's name alone. Each party shall indemnify and hold the other harmless from any liability on any loan encumbering the vchiele. cost of rcpairs, maintenancc, registration, insurance and/or inspection of the vehiclc which each is taking as bislhcr sole and exclusive property. 3. PERSONAL PROPERTY. Thc partics bave divided or have agreed to a division ofthcir personal property which includcs bank accounts, ccrtificates of deposit, life insurance policies, jewelry, clothing, furniture and other personal items, Aftcr the aforesaid division of the pcrsonal property is complete, any and all property in the possession of Husband shall be his sole and separate property. Any and all property in the possession of Wife shall be her sole and separate property. Each party forever renounces whatever claims he/she may have with respect to the property which the other is taking. Each party understands that he/she has no right or claim to any property acquired by the other after the signing of this Agreement. 4. PENSION/RETIREMENT PLANS. Wife hereby releases any and all claims or demands she may have on Husband's pension or retirement plans. Husband hereby releases any and all claims or demands he may have on Wife's pension or retirement plans. 5. DEBTS. The parties represent and warrant to each other that neither has incurred any other debts nor made any other contracts for which the other or his/her estate may be liable, from date of separation forward. Neither party shall contract nor incur any debt or liability for which the other or hislher property or estate might be responsible and agrees to indemnify the other from any claims made against the other because of debts/obligations not incurred by the other, 6. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT OF SPOUSE. The parties waive any and all right to receive from the other any payment of alimony, alimony pendente lite, and/or spousal support. 7. EFFECTIVE DATE, The effective date of this Agreement shall be the date of execution by the parties if they had each executed the Agreement on the same date. Otherwise, the execution date of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 8. DIVORCE, There was a divorce action filed on May 19, 1999, Docket Number 99-2084, in the Cumberland County Court of Common Pleas claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. Both parties agree to execute any and all affidavits or other documents necessary 2 . for the parties 10 oblain an absolute divorce pursuant to Scclions 330 I (c) of Ihe Divorce Codc including waiver of all rights 10 requcst Court ordcrcd counseling, 9. INCORPORATION INTO DECREE, Should a dccrcc, judgmcnt or ordcr of scpurntion or divorce bc obtaincd by cithcr of lhe partics in this or any olhcr Sllllc, country, or jurisdiction, each ofthc partics hcrcby consents and agrccs that this Agrccmcntllnd 1111 of its covcnllnts shllll not be affected in any way by any such scparation or divorcc; IInd thalnolhing inllny such dccrce, judgment, order or furthcr modification and rcvision lhcrcof shull altcr, nmcnd or vury uny tcrm of this Agreemcnt, whether or not cilhcr or both ofthc partics shnll rcmurry, il hcing undcrstood by and between thc partics hcreto that this Agrccmcnt shull survivc mill shllll not hc mcrgcd info any dccrec, judgmcnt, or order of divorcc or scpllrnlion. It is spccificlllly IIgrccd, howcvcr, Ihutu copy of this Agreement or the substancc oflhe provisions Ihcrcof: I1IIIY hc inwrpornlcd hy reference into any divorce, judgment or its dccrec. This illcorporntion, howcvcr. shllll not hc regarded as a merger, it being the specific intcnt ofthc pal'lics 10 pcrmillhis Allrccmcnlto survive any judgment and to be forever binding and conclusive upon thc pal'lics, 10. MUTUAL RELEASE. Husband and Wife do hcrchy mUlually I'cmisc, rclcasc, quit c1airn or forever discharge thc other and the cstate of such olhcr, fill' all timc 10 coml', IInd lilr all purposes whatsoever, from any and all rights, titlc and intcrcsl. or claims in or ugainsllhc cslale of such other, of whatever nature and wherever situatc, which hc or shc now hus or ulanylimc hereafter may have against such other, the estatc or f>uch othcr or any parl Ihcrcof: whelhcr arising out of any former acts, contracts, engagemcnts 01' Iiubilitics or such othcr or hy wuy of dower or curtesy of claims in the nature of dowcr or curtcsy, or widow's or widowcr's rights, family exemption or similar allowance or under Ihc intcslatc laws; or thc rillhtto takc againslthc spouse's will; or the right to treat a lifetime convcyancc by lhc othcr us Icstamcnlury or all or other rights of the surviving spouse to participatc in a dcccascd spousc's eslatc, whclhcr arising under the laws of Pennsylvania, any statc, commonwealth or Icrrilory oflhc Unitcd Slatcs, or any other country or any right which either party may now havc or atunytimc hcrcaftcr havc for past, present or future suppm1 or maintenancc, alimony, alimony pcndcnlc litc, counscl fccs, costs or expenses, whether arising as a result of the maritnl relation or othcrwisc, cxccpt nnd only exccpl all rights and agreements and obligations ofwhatsocvcr naturc IIrising or which may urise undcr this Agreement or for the breach of any provision thcrcof.lt is lhe intcntion or Ilusbllnd IInd Wife to give to each other by the execution of this Agrecmcnt a Ihll, complctc IInd gcncrnl rclcllse wilh respect to any and all property of any kind or nature, rcal, personlll 01' l1Iixcd. which lhc other now owns or may hereafter acquire, except and only except all rights und ugl'ccmcnts IInd obligations of whatsoever nature arising or which may arisc undcr this ^grcclllcnl or Jllr lhe breach of any provision thereof, II. COUNSEL FEES. Each party individually covcnanls und ugrccs Ihut hc or she will individually assume the full and sole rcsponsibilily for legal cxpcnscs 1111' his or hcr ullorney and 1 . ."" ,,'. '\" , - tIf"/"~,~"'.~:_fI'~...',.f''i.r.''''''''-'- ,.<,',-' ....",...,..",.,<.",.. ' L\~DS/8 DM\E "BMRO "1'tO\"'f,~ bT ,-"W 31 50\l't\ll-l,\l'lO~~\1\ STI\f,v.1' Cb\\I,I"Lf,. \,f,,,,,S'/L~blllb \10\3.3301 10h1\ ChristOpner, n1 1885 l\erondl Street Carlisle, pl\ \70\3 ,;:;.."..-" ,}.- ;.. -' <~. .,' t& .... ~.oa- ..--."'....'..'" I~ P'\, . '\ , , ' \ " -,'. i i court costs in connection with any divorcc ucliou \\ hich IIIUl' hc h,oUllhl hl' cilher (larty and shull make no claim against the other for such cosls or fces 12. ADDITIONAL INSTRUMENTS, Euch of Ihe purlies shull, f't1l11linll'.lo.lillle,utlhe request of the other, exccute, acknowlcdgc ulI,l dclivet h. Ihe olhellllllly IIny ul\(lull furthcr instruments or documents thai may be reusonuhlc n''1uired to !live lillllilree ulld e!lcctlo thc provisions of this Agrecmcnt. 13. MODIFICATION OR WAIVER, A mUlliliculioll or wuiver ofnny oflhe provisions of this Agreement shall bc cfTcctive only if made inll'rilillllund esecuted wilh the same formality as this Agreement. The failurc of eilher (larty 10 insisl UpOIl Ihe strict perfurmnnce of nny of the provisions of this Agrcemcnt shallnlll be consllued ns nll'uiverofuny suhsequellt dcfault of the same or similar nature. 14. ENTIRE AGREEMENT, This Agrcemenl conluills Ihe enlire understanding of the partics and there are no represcntations, 1I'1II1l1nlics, covenants or underlukings othcr than those expressly set forth herein. 15. SEPARATE PARAGRAPIIS, II is specilically ullderslood und agrced by and between the parties thereto that each palllglllph hcreof shall he dccmcd to hc a scpamtc and independent agreement. 16. BREACH. If either party brcaehcs nny provision oflhis Agrecmcnt,lhe other party shall have the right, at his or hcr clcetion, 10 suc for dnmnges for such brench or seek such other remedies or relief as may be available to him or hcr nnd thc parly breaching this Agreement shall be responsible for payment of Icgal fecs and cosls incurred by the othcr in enforcing the rights under this Agreement, or in seeking such other remedics or reliefas may be available to him or her. 17. CONTROLLING LAW, This Agreemcnt shall be conslrucd under the laws of the Commonwealth of Pennsylvania, 18. INV ALlDlTY or PROVISIONS. If any tcrm, condition, c1nuse or provision of this Agreement shall be determined or dcclnred to hc void or invnlid in Inw or otherwise, then only that term, condition, clause or provision shnll he stricken fromlhis Agreement, and, in all other respects, this Agreement shall bc valid and continue in full force, effect and operation. 19. BINDING NATURE, Exceplns olhcrwisc sct forth herein, this Agreement shall be binding and shall inure to thc benefit of the parties hereto and their respective heirs, executors, administrators, successors lInd assigns. 4 ~ ..:1' ~ In .. gi Q g~ - a: ::>. 9s= ..~ '.D i~ C> ' ..~tl.; :=l L ex a t-. lL en 0 en ~ >- (X) ~ ~ lrl ~o .. ~i ('-(~ x: 11- .,- a.. Cl~ ,1')r-'" ~~ 2/2 \D ~ 0.-0 uJtl.. ~!-!J '" ... ::::> 1-- c:r; :.=; u. C1'I => 0 C1'I U t -0 q. ~ C". ~ 0 "" ,." M ::1< In IS) r0 Wr;! ,5~. Ci~~ - ~ L)...... :r.: 8 -c. :3 \:t::t: 0- '~~I ::~J cr- ~t? :-,:?t; - r:- ro -.:1 .>~ nl I u:z ~ U-Il:"" -:l' a:\,~~- ~ ull.L.J ~ C'- ::.:.lCl_ ~ I" "'" .. c) -. '5 u_ '" 0 '" u J , , ' , , ' , . . .. . ' , '.'~ ,5>>-';:'~.,'i,:; .. Rebekah S. Christopher, Plaintiff : IN TIlE COURT OF COMMON I'LEAS OF : CUMBERLAND COUNTY PENNSYLVANIA v. NO. 99- 2084 CIVIL TERM John Christopher, III, Defendant IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION '1'0 REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301{C) OF THE DIVORCE CODE 1, A complaint in divorce under Section 330l(C) of the Divorce Code was filed on April 8, 1999. 2. Defendant acknowledged receipt and accepted service of the Complaint on April 9, 1999, 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 he are made subject to the penalties of 18 Pa.C.S. e ti n 4 4 ,elat ng~to unsworn falsification to authorit' s. ~ Date: 8"/& . 9 9 ~ M ~ In .. 81 SQ - 0 x: ~~ ... 95:! ~ \D ii u::tU C!l :1: ::J .... C( ::;; 'L en a 0 en .. , Rcbekah s. Chri~I(\Jlhcr. Plaintiff : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA , v, NO. 99. 2084 CIVIL TERM John Christopher, III, Dcfcndant IN DIVORCE AFFIDA VIT 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 I. A complaint in divorcc undcr Scction 3301(C) ofthc Divorcc Codc was filed on April 8,1999. 1999. 2. Defendant acknowlcdgcd reccipt and acccptcd scrvicc ofthc Complaint on April 9, 3. The marriagc of the Plaintiffand Defendant is irretricvably brokcn and ninety days have elapsed from the datc of the filing of thc Complaint. 4. 1 consent to the entry of a final decree in divorce without notice. 5. I undersland that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 th:llthe Court require counseling. I do not request that the Court require counseling. I verity 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: f":lv' q f ~ff~ J n Chr~er, III >- C") Wi ~ In <:) .. ~i5 :t; '~-;f a... of *0 1.0 ! r" ~r.t - U:U. '-" IE iT :::> rn -. ..: "';: ... /J_ 0'\ 8 0 0'\ '.. , "":'::";;"''',".~~~61~.. LINDlIAY DAJUi DMRD A'M'ORHKY AT LAw 97 BoUT" JlANOVl':R 8nuarr CAfU..IHI.r., J~NNMYI.YANIA 17013-330'1 . 1717'~""7~~ Y^"I71712.s.a\10 REBEKAII S. CIIRISTOPIIER, Plaintiff v. : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : NO, 99. d()&~ CIVIL TERM : IN CUSTODY JOliN CHRISTOPIIER, III, Dcfcndant ORDER AND NOTICE AND NOW, /~I? r\ \ \ d- I 1999, upon considcration ofthc attachcd complaint, it is hereby directed that the partics and their respectivc counscl appcar beforc E...."A . , thc conciliator. at .., on the \q day of WCl'-f:- ,1999, at Q:00 Cl,m., for a Prc-Hearing Cus dy Confercncc. At such confcrcncc. an cffort will bc madc to rcsolvc thc issues in disputc; or if this cannot be accomplished, to definc and narrow thc issucs to bc heard by thc court, and to cnter into a temporary order. All childrcn agc fivc or oldcr may also be prcscnt at thc confcrcncc. Failure to appcar at thc confcrcnce may provide grounds for entry of a temporary or pcrmanent order. FOR THE COURT, BY:~Hm.J\, -1\I~,~. Custody Conciliator . --a l ~:) The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonablc accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must bc made at Icast 72 hours prior to any hearing or business before the court. You must attend thc schcdulcd confcrence or hearing. 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 A VENUE CARLISLE,PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 cc: Lindsay Dare Baird, Esquire John Christopher, III Custody Conciliator Street, Carlisle, PA, lie is married. 4. l11e relationship of plainlill' to the children is thut of mother. The plaintifrs household includes: ~ Relationship Rebekah S. Christopher Plainti ff Margie Grove Plaintiffs Mother Ralph Grove Margie's lIusband Ben Grove Ralph's son 5. The relationship of defendant to the children is that of father. The defendant's household includes: Name John Christopher, III Alleshia Christopher Alexandria Christopher Adrienne Christopher John Christopher, IV Relationship Defendant Daughter Daughter Daughter Son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no infonnation ofa custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and pennanent welfare of the children will be served by granting the relief requested because: a) Plaintiff can provide the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; b) Plaintiff is willing to accept shared custody of the children; c) Plaintiff continues to exercise parental duties and enjoys the love and affection of the children. 8. Each parent whose parental rights to the children have not been tenninated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE Wherefore, plaintiff requests the court to grant shared custody of the children. Dale: Ah'L ? //"/,/ /7#A7'-;( ItA 'I' ffa ,d- /' .mdsay Dare Balrd, Esquire , 37 South lI11nover Carlisle,PA 17013 Attorney for Plaintiff I verify lhallo besl of my knowledge and belief. lhe sllllemenls e in this Complainl arc true and correct. I understand that false slat m nts su jeel. the nalties of I 8 Pa.C.S.~4904 relaling 10 unsworn 1i1lsiflcati n I a 1>: ('") ~ ..,,: ~ z ~- M :)...-:- tJJ8' C)'" l..)f': ::i:': ..):s Ft::c "- :'-;; ":!~..J ~t., ..; >- c:> .' ~ (./) wE". I :~% u=z rr:~f.' 0:: ;t1tU Ll~ ~.a Q.. F= "'" > ~ en :s en U