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HomeMy WebLinkAbout99-04861 W I O?7 M 1 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. BRYAN E. SIPE, Plaintiff ;'NO. 99-4861 CIVIL TERM VERSUS TINA MAE SIPE, DECREE IN DIVORCE AND NOW, I ( ?, IT IS ORDERED AND DECREED THAT BRYAN E. SIPE AND Defendant II IN DIVORCE TINA MAE SIPE ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, 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; 'V Qv"2 NONE. The terms of the Marital Settlement Agreement dated July 2, 2001 are incorporated but not merged into this Decree in Divorce. BY THE(COU ATTEST: J PROTHONOTARY t? -. a •? 'G3 `I lo? ika-?io' Z <? F e??ra BRYAN E. SIPE, TINA MAE SIPE, Plaintiff VS. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 99 - 4861 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT 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 Section 3301(c) 3304 (d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Certificate of service file 9/9/99. 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff 7-18-01; by the Defendant 7-27-01 (b) the Diver6e Gem 4. Related claims pending: None 5. Complete either (a) or (b). (a) (b) Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: February 2003 Date Defendant's Waiver of Notice in 3301(c) Divorce was fled with the Prothonotary: February 2003 Carol J. Lindsay, Attorney for Plaii iff i 1. ?? rr ? - : + C': . y ii] ` L_: ... il_ LL _ ? i u r' ? FRO-1 SAIEUS. y JFF. FLOIJER+L I I lrSA'i FPX HO. 2436510 Sul. 02 2001 11: 051#9 P4 franciscus proof of service July 2, 2001 BRYAN E. SIPE, IN THE COURT OF COMMON PLEAS OF Plaintfif CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - DIVORCE NO. 99 - 4861 CIVIL TERM TINA MAE SIPE, Defendant IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS Agreement made this Xld day of 7ru) V , 2001, i by and between TINA MAE SIPE, of 1?.D ,fa (411,one- , r?? th/,,,vim hereinafter referred to as WIFE, and BRYAN E. SIPE, of 97 Spring Garden Estates, Carlisle, Pennsylvania, hereinafter referred to as HUSBAND, 1MTNESSETH: WHEREAS, the parties hereto are husband and wife, having been joined in marriage on December 23. 1989, in Carlisle, Pennsylvania; and WHEREAS, a Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to No. 99 - 4861, Civil Term on August 11, 1999; and WHEREAS, the parties hereto are desirous of settling fully and finally their SAWIS SNUFF, FLOWtR & LINDSAY A110AtQI. -LAW 36 W. Web Saw" cadisls, PA respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs. and in general, the settling of any and all claims and possible claims against the other or against their respective estates. FROP1 SAIDIS. . FLOI,IER+L I I IDSAY FAX f J0. : 2436510 Jul. 02 2001 11:064.1 P5 franciscus proof of se mice July 2. 2001 NOW, THEREFORE, in consideration of these considerations, and the mutual promises and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, HUSBAND and VVIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. Advice of Counsel: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. HUSBAND is represented by Carol J. Lindsay, Esquire, and WIFE is represented by Anthony L. DeLuca, Esquire. Each party acknowledges and accepts that this agreement is, in the circumstances, fair and equitable. and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge as each has sought from counsel, and that execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. 2. Divorce: The parties agree to the entry of a Decree in Divorce. The SAIDIS 9HUFF, FLOWER & LINDSAY n oTi ??niY.?w 16 W. IUAW acted CUNA ,.A parties will execute, on the date of this agreement, Affidavits of Consent and Waivers of Notice under Section 3301(c) of the Divorce Code, consenting to the entry of a Decree in Divorce. 3. Personal Property: The parties acknowledge that they have equitably and satisfactorily divided all of their personal property, and that all personal property shall be the sole and individual property of the party in whose possession it is as of the date of this agreement. WIFE will retain the 1994 Ford Aspire and HUSBAND will FRUPI SNILUS,_i-IUFF,FLM1ER+LIIItr'r",'R'i FH:•; IA. : 13651t3 N Ail. 02 =U01 11:136R.] P6 I' rra"C1=3 proof Of SBNkx JUIy 2, 2001 execute any and all documents necessary to transfer all his fight, title and interest in said vehicle to WIFE. WIFE avers that she has refinanced the loan for the Aspire and that HUSBAND is no longer liable thereon. WIFE shall pay all charges on account of the vehicle and shall indemnify and hold HUSBAND harmless against any loss as a result of the loan. HUSBAND shall retain the 1988 Chevrolet Cavalier. HUSBAND will pay all charges on account of said vehicle, and will indemnify and hold WE harmless against any claim for that vehicle. 4. Mobile Home. The parties are owners of a mobile home situated at 97 Spring Garden Estates, Carlisle, Pennsylvania. WIFE will execute any and all documents required to transfer to HUSBAND all her right, title and interest in the mobile home. HUSBAND shall make any payment thereon, including the monthly payments on account of the loan for the purchase of the mobile home and the lot rerrt for the site on which the mobile home is located. HUSBAND will Indemnify and hold VVIFE harmless on account of any loss as a result of his failure to make the payments aforesaid- 5. Retirement Benefits: The parties hereto waive any right, title and SAIDIS WUIT, FLOWER •rrararteitAv 76 W. in* Street r+A41a M Interest which they may have in the retirement benefits of the other, including any Pension plan, 401(k) Plan, IRA or retirement plan. The parties will execute any documents reasonably required to waive any interest in his or her retirement plan. 6. Alimony: The parties waive any claim that they may have one against the other for alimony, alimony pendente Me or spousal support. The parties FROI,l s* ire is, SHUFF. FLOWER+L It lr'SAT FNX tom. 3-13ES10 II All. 03 3001 11: O i Fll•I P7 frandseus proof of sarviee July 2, `ppf acknowledge that each has sufficient assets with which to maintain themselves after divorce. 7. Marital Debt: The parties have, In their own names, certain credit card 1141 SAIDIS GRUFF FLOWER & LINDSAY . 26 W. a& Stns Calm, PA accounts which may include some marital debt Each party will be responsible for the debt on the credit card accounts in his or her name. Each party will incur no debt for which the other may be liable, and will Indemnify and hold the other harmless for any debt so Incurred. HUSBAND will be solely responsible to American General Finance for the loan which provided the purchase money for a shed which HUSBAND is retaining. HUSBAND a result of that loan. indemnify and hold WIFE harmless on account of any loss as randzrec n ov v Dn rn ? .._ .. "41"'JIC53-?' A r Iti'0ass?ssieiv /S "P?o 8. Exchange of Information: The parties have requested from eachaotTler eived a ny y information regarding their assets, liabilities, income and expenses i which the party requires prior to entering into the terms of this Agreement. The parties acknowledge that the terms of this Agreement are fair and equitable and constitute an equitable distribution of marital property and debt, taking into account all of the relevant factors set out in Section 3502 of the Divorce Code, 23 Pa. C.$.§3502 including the length of the marriage; any prior marriage of the parties; the age, health, station, amounts and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution by each party to the education, training or increased earning power of the other, the opportunity of each party for future FRQ,j : •;Airiis.sHLIFF.FLCIWER+LII4t5a,, FAX Imj. : 24-e, 1?3 II Jul . 0_ -Lill! 11: OEq q n Lanelsrus proof of service July 2. 2001 SAIDIS iHOFF FLMR & LINDSAY - XT-LAW 26 w. cud, 6e.w hnh6. PA 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 party in the acquisition, preservation, depreciation, or appreciate of the marital property, including the contribution of a party as homemaker, the value of the property set apart to each party; the standard of living of the parties during the marriage; the economic circumstances of each party including federal, state and local tax ramifications at the time of the division of the property, and whether the party will be serving as custodian of any dependent minor children. 9. Modification: No modification, rescission, or amendment of this agreement shall be effective unless in writing signed by each of the parties hereto. 10. Applicable Law: All acts contemplated by this agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 11. Agreement Binding on Parties and Heirs: This agreement, except as otherwise expressly provided herein, shall bind the parties hereto, and their respective heirs, executors, administrators, legal representatives, assigns and successors in any interest of the parties. 12. Agreement Not to be Merged: This agreement shall be incorporated Into the final decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. FROM SHIUIS,SHUFF.FLO6IER+LIIIDSR'i FkX HO. : 24--V,010 Jul. 02 2001 11:0Ef1.1 P? II franciscus proof of service July 2. 2001 13. Documents: The parties hereto agree that they will execute and deliver SAIDIS 'HUFF, FLOWER A LINDSAY 1MRhLFpAiY W 26 W. MOL kreft rsYdR. PA one to the other any documents necessary to give effect to the terms of this Agreement 14. Full and Final Settlement.- WIFE and HUSBAND each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles, interests or claims in or against the property (Including income and gain from property hereafter accruing, of the other) or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other, or by way of dower or curtesy, or claims in the nature of dower or curtasy, or widows' or widowers' rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any other State, or any other Country, or any rights which either spouse may have, or at any time hereafter have, for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any term thereof. It Is the intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal FROM SgIDIS,SMIIFF.FLOWER+LIIIGSR'i' FAX HO. : 243b510 ~ II frandacYB {roof of service July 2, 2001 Jul. 02 2001 11:09i41•1 P10 or mired, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement, or for the breach of any term thereof, subject, however, to the Implementation and satisfaction of the condition precedent as set forth herein above. 15. BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court costs and 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. witness: m? B an E. Sipe Tina Mae Sipe SAIDIS SNUFF FLOWER d LINDSAY A X W. High Saw CarHis. FA C; .J U iooz p ( I n c Brian E. Sipe (Divorce) (File # 5514-98-01) BRYAN E. SIPE, Plaintiff VS. TINA MAE SIPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 99 - y i 6 I CIVIL TERM IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT 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 FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By. 'Carol Ind , E: ID # 44693, 11 East High Street Carlisle, PA 17013 (717) 243-5513 Date: ? - '?, ? /i ?_ Brian E. Sipe (Divorce)(fiie # 5514-98.01) BRYAN E. SIPE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA VS. TINA MAE SIPE, COMPLAINT BRYAN E. SIPE, Plaintiff, by attorneys, FLOWER, FLOWER & LINDSAY, P.C., respectfully represents: 1. The Plaintiff is Bryan E. Sipe, who currently resides at 223 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania, where he has resided since November,1998. 2. The Defendant is Tina Mae Sipe, who currently resides at 97 Spring Garden Estates, Cumberland County, Carlisle, Pennsylvania, where she has resided since April, 1998. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 23, 1989, at Carlisle, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce CIVIL ACTION - DIVORCE NO. 99 - L) t(, i CIVIL TERM Defendant IN DIVORCE Code. Brian E. Sipe (Divorce)(file # 5514-98.01) 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. FLOWER, FLOWER & LINDSAY, P.C. Att orne for Plaintiff By. Carol J. indsay, Esquire `i I D # 44693 11 East High Street Carlisle, PA 17013 Date: l (717) 243-5513 Brian E. Sipe (Divorce)(81e # 5514.98-01) VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. ?Z B E. Sipe ' Date: a? b M 9 A 19 P O r a? r? T ? BRYAN E. SIPE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - DIVORCE NO. 99-4861 CIVILTERM TINA MAE SIPE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 5 3301(c) of the Divorce Code was filed on August 11, 1999. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a Divorce Decree is entered SAWIS by the Court and that a copy of the Decree will be sent to me immediately after it is SIRJM,,DFIA filed with the Prothonotary. & SAY 76 I verify that the statements made in this Affidavit are true and correct to the best CqdWq re of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. r ` B n E. Sipe, aintiff Date: .2 4 ENTRY OF A DIVORCE DECREE UNDER 03011 (c) OF THE DIVORCE CODE _? FROM : SRIDIS.SHJFF.FLOI.IER+LIIIIf;A'i' BRYAN E. SIPE, V5. TINA MAE SIPE, FRX HO. : 3436510 Jul. 02 2001 11:044-1 P2 IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 99-4861 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 5 3301(c) of the Divorce Code was filed on August 11. 1999. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4504 relating to unswom falsification to authorities. 'y.yy)a, . Tina Mae Sipe. Def ant Date: r/ - 7 - 01 SAIDIS SNUFF, FLOWER & LINDSAY Arna"Bramw 26 W. y1r11 Sorel GrUfk. P6 FROH SR I r, I S. MUFF. FLOIJER+L I I ICSITY BRYAN E. SIPE, VS. TINA MAE SIPE, FAX 110. 2-136510 7uI. 0? `001 11:O0,R-1 P3 IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 99-4861 CIVIL TERM Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION 3- REQUEST ENTRY QF A DIVORCE DECREE UNQ9R 53301(c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4804 relating to unswom falsification to authorities. m(1Y1C2 '-MG', J4, Tina Mae Sipe, Def ndant Date: "7- a - o j SAIDIS SHUFF. FLOWER & LINDSAY K W. High laaat CAIU" PA :, ;_ ,; _; franciscus proof of service September 8, 1999 BRYAN E. SIPE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99 - 4861 CIVIL TERM TINA MAE SIPE, Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND now, this day of , 1999, I, CAROL J. LINDSAY, Esquire, of the law firm of FLOWER, FLOWER & LINDSAY, Attorneys, hereby certify that I served the Defendant, Tina Mae Sipe, on September 4, 1999 with the Complaint in Divorce by Certified Mail, Return Receipt Requested, Restricted Delivery, Addressee Only, addressed to: Tina Mae Sipe 97 Spring Garden Estates Carlisle, PA 17013 and proof thereof, the signed Return Receipt Card, is attached hereto. FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff C rol J. Lindsay, Es # 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 v. .i L. `tU ' v; franciscus proof of service September 8, 1999 BRYAN E. SIPE, VS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA MAE SIPE, CIVIL ACTION - DIVORCE NO. 99 - 4861 CIVIL TERM Defendant : IN DIVORCE PROOF OF SERVICE SEN ¦txa?oWa rain.1 a wa x faaAetlaW aarabaa, WMa,aa O Wdrb two wish b rGoWn to P*d =r . . wu aaf adorn m tha mau of Mb fam a IW ur • a w oan non bib npservices (for an extra fee): t a mibma Brat of er n0pfm. W m er WA Nlp • R o dm not 1. 13 Addraeas's Addraes atun Raaapt m tho maeebw fWOweb amtla raard« wrto R•n1Pt wo to wqm eo WW9w daawM wd Bw dw DOIIVery II - s ?0^?Pwmes4rforfw'? .Artld o AtltlreaeW b: 4a. Artlde NtuMsr mina /yla y ?,Pe 2 0/3 33/66? p ? 4b. ed Re istered JP g ? Gr1Med , I_ n 5-t S O EW*w Mal ? Irursed PA /? ` ? Ran RmoMrdwWse ? con / o - 7. Date of , 5. R Ned By. 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