HomeMy WebLinkAbout07-6700L
JAMES J. RUBERTONE
Plaintiff
VS.
CATHERINE M. RUBERTONE
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. b1- 000 Civil I,""
CIVIL ACTION - AT 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
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 Courthouse, Carlisle, Pennsylvania.
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 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
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
JAMES J. RUBERTONE
Plaintiff
VS.
CATHERINE M. RUBERTONE
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - AT LAW - IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d)
OF THE DIVORCE CODE
The Plaintiff, James J. Rubertone, by and through his attorneys, The Law Offices of Patrick
F. Lauer, Jr., makes the following Complaint in Divorce:
1. The Plaintiff, James J. Rubertone, is an adult individual who resides at 3515 Beach
Run Lane, Cumberland County, Mechanicsburg, Pennsylvania 17050.
2. The Defendant, Catherine M. Rubertone, is an adult individual who resides at 3515
Beach Run Lane, Cumberland County, Mechanicsburg, Pennsylvania 17050.
3. The Parties have been bona fide residents of the Commonwealth of Pennsylvania for
-at least six months immediately prior to the filing of this Complaint.
4. The Plaintiff and the Defendant were married on October 7, 2007 in Cumberland
County, Mechanicsburg, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6. The marriage is irretrievably broken.
7. 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.
8. This action is not collusive.
WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce in
this matter.
Respectfully
/Marlin L. =!0u, squire
Law Offic ck F. Lauer, Jr., LLC
2108 Market S eet, Aztec Building
Camp Hill, Pennsylvania 17011-4706
Date: ! 1 " 2-2w? ID# 84745 Tel. (717) 763-1800
JAMES J. RUBERTONE : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. No.
CATHERINE M. RUBERTONE CIVIL ACTION - AT LAW - IN DIVORCE
Defendant
I verify that the statements made in the foregoing document are true and correct to the best
of my knowledge, information and belief. To the extent that any of the averments are based upon
an understanding or application of law, I have relied upon counsel in making this Verification.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §
4904, relating to unworn falsification to authorities.
/o/31/07
Date: Signature:
164-
James . Rubertone
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JAMES J. RUBERTONE,
Plaintiff
VS.
CATHERINE M. RUBERTONE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 07-6700
CIVIL ACTION- AT LAW- IN DIVORCE
AFFIDAVIT OF SERVICE
TO THE PROTHONOTARY:
I, Marlin L. Markley, Esquire, verify the Complaint in Divorce has been served upon
the Defendant indicated above by first class, certified mail # 7005-0390-0006-3485-7074,
restricted delivery, return receipt requested, prepaid postage, pursuant to the requirements of
Pa. R.C.P. 1930.4.
¦ Complete items 1, 2, and 3. Also complete
Rem 4 if Restricted Delivery is desired. ??.` • -` ? Agent
¦ Print your name and address on the reverse x l•°?+"" ? AddNwss
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece, C. Date of Delivery
or on the front if space permits.
D. Is delivery add from ? Yes
1. Article Addressed to: If YES, enter ?erry address below ? ' Fo-'^
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bc& ?up Ipm ice Wis.
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Mail
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2. Article 7005 0390 0006 3485 7074
(treansfersfer ham service labs9
PS Form 3811, August 2001 Dornsetic Return Receipt 102595-02-Ae 9940
1CeSpECLI ,
Marlin arkley, Esquire
Law Offices of Patrick F. Lauer, Jr., LLC
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
Date: / / 31LO 7 ID# 84745 Tel. (717) 763-1800
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JAMES J. RUBERTONE
Plaintiff
VS.
CATHERINE M. RUBERTONE
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07 - 6700 CIVIL TERM
CIVIL ACTION - AT LAW - IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
November 5, 2007.
2. The marriage of the Plaintiff and the 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 of divorce after service of notice of intention
to request entry of the decree.
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: 2 Z7 Signature:
s J. bertone
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JAMES J. RUBERTONE
Plaintiff
VS.
CATHERINE M. RUBERTONE
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07 - 6700 CIVIL TERM
CIVIL ACTION - AT LAW - IN DIVORCE
PLAINTIFF'S WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
I . 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
unworn falsification to authorities.
am& ---
Date: Signature:
3. Rube e
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JAMES J. RUBERTONE
Plaintiff
VS.
CATHERINE M. RUBERTONE
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07 - 6700 CIVIL TERM
CIVIL ACTION - AT LAW - IN DIVORCE
THIS AGREEMENT, by and between JAMES J. RUBERTONE, of Enola, Cumberland
County, Pennsylvania, hereinafter referred to as Husband; and CATHERINE M. RUBERTONE of
Elizabethtown, Dauphin County, Pennsylvania, hereinafter referred to as Wife, WITNESSETH
THAT:
WHEREAS, Husband and Wife were married on October 7, 2006, in Mechanicsburg,
Pennsylvania; and
WHEREAS, both Husband and Wife are bona fide residents of the Commonwealth of
Pennsylvania and have been for at least the past six months; and
WHEREAS, certain differences have arisen between the parties hereto and, as a
consequence, they have ceased living as Husband and Wife; and
WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights
and obligations, make an equitable distribution of their marital property, and determine their rights
to alimony, support, and all other matters which may be considered under the Divorce Code; and
WHEREAS, it is the intention and purpose of this Agreement to set forth the respective
rights and duties of the parties while they continue to live apart from each other and to settle all
financial and property rights between them; and
WHEREAS, the parties hereto have mutually entered into an agreement for the division of
their jointly owned assets, the provisions for the liabilities they owe, and provisions for the
resolution of their mutual differences, after both have had full and ample opportunity to consult
with attorneys of their respective choice, and the parties now wish to have that agreement reduced
to writing; and
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WHEREAS, in preparing this Agreement and negotiations contemporaneously therewith,
Husband was represented by Marlin L. Markley, Esquire, and Wife, was represented by Jeanne B.
Costopoulos, Esquire; and
NOW THEREFORE, the parties, in consideration of the mutual promises set forth
hereinafter, and for other good and valuable consideration, intending to be legally bound and to
legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant,
promise, and agree as follows:
1.1 SEPARATION. It shall be lawful for 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 shall respectively deem fit, free from any control, restraint, or interference, direct or indirect,
by each other. Neither party shall molest the other or compel or endeavor to compel the other to
cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall
not be taken to be an admission on the part of either party of the lawfulness of the causes leading to
them living separate and apart.
1.2 FFFFCT OF REC'ONC'ILIATION. This Agreement shall not be deemed to have
been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital
relations between the parties. The parties shall not be deemed to have reconciled with the intention
of vitiating or terminating this Agreement unless they make such actions through a written
instrument, executed, and acknowledged in the same manner as this Agreement.
2.1 DIVORCE ACTION. This Agreement is not predicated on divorce.
Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that
Husband has filed a divorce action against Wife, and that both parties agree, as a condition to this
agreement, to execute the necessary divorce consents required by Section 3301(c) of the Divorce
Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly
finalize said action. It is warranted, covenanted, and represented by Husband and Wife, each to the
other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation
is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband
and Wife each knowingly and understandingly hereby waive any and all possible claims that this
Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do
each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever
be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement.
2.2 FINAL RESOLUTION. It is further specifically understood and agreed that the
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provisions of this Agreement relating to the equitable distribution of property of the parties are
accepted by each party as a final settlement for all purposes whatsoever. Should either of the
parties obtain a decree, judgment or order of separation or divorce in any other state, country, or
jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement
and all its covenants shall not be affected in any way by any such separation and divorce; and that
nothing in any such decree, judgment, order or further modification or revision thereof shall alter,
amend or vary any term of this Agreement, whether or not either or both of the parties should
remarry, it being understood by and between the parties that this Agreement shall survive and shall
not be merged into any decree, judgment or order of divorce or separation.
2.3 INCORPORATION OF AGRF.F.MF.NT INTO DECREE, It is specifically
agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment
or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall
not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive
any such judgment or decree.
3.1 CRITERIA OF DISTRIRITITON, The parties have attempted to divide their
marital property in a manner which conforms to the criteria set forth in Section 3502 of the
Pennsylvania Domestic Relations Code, and taking into account the following considerations: the
length of the marriage; the prior marriages of the parties; the age, health, station, amount and
sources of income, vocational skills, employability; estate, liabilities, and needs for each of the
parties; the contribution of one party to the education, training or increased earning power to the
other party; the opportunity of each party for future acquisition 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 appreciation of marital property, including the contribution of a party as a
homemaker; the value of the property set apart to each party; the standard of living of the parties
established during their marriage; and the economic circumstances of each party, including federal,
state and local tax ramifications, at the time of the division of the property is to become effective.
3.2 DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or
she is aware of his or her right to seek discovery, including but not limited to, written
interrogatories, motions for production of documents, the taking of oral depositions, the filing of
inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the
Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has
discussed with counsel the concept of marital property under Pennsylvania law and each is aware of
his or her right to have the real and/or personal property, estate and assets, earnings and income of
the other assessed or evaluated by the courts of this Commonwealth or any other court of competent
jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the
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other of his or her respective income, assets and liabilities, whether such are held jointly or in the
name of one party alone. Each party agrees that any right to further disclosure, valuation,
enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do
not wish to make or append hereto any further enumeration or statement. The parties hereby
acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable
and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees
for himself and herself and his or her heirs, executors, administrators or assigns in any action of
contention, direct or indirect, and allege therein that there was a denial of any rights to full
disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have
available full, proper and independent representation by legal counsel.
3.3 SATISFACTION OF RIGHTS OF FOUTTARi F DISTRIBUTION. 'The
division of existing marital property is not intended by the parties to constitute in any way a sale or
exchange of assets. The division of property under this Agreement shall be in full satisfaction of all
rights of equitable distribution of parties.
3.4 RELINQUISHMENT OF CLAIMS. Husband agrees to relinquish all claims to
any assets that may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to
relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce
decree, except as may be otherwise set forth herein.
3.5 PERSONAi. PROPERTY. The parties have already divided the personal property
to their mutual satisfaction. Each party hereby waives rights any property in the possession of the
other.
3.6 RETIREMENT. Each party has certain pension and retirement accounts which
shall become the sole and separate assets of the party in whose name they were titled. This
includes, but is not limited to, Wife's 401k with T Rowe Price, State Farm Life Insurance, deferred
compensation accounts, and Husband's pension, State Farm Life Insurance, and deferred
compensation accounts. Each party hereby relinquishes any right, title, interest or claim they may
have in and to the retirement assets of the other.
3.7 ATTTOMORiL S. Wife shall retain possession of the 2005 Toyota Corolla and
hold Husband harmless for any liability associated with debt for this vehicle. Husband shall retain
possession of the 2005 Toyota Highlander and hold Wife harmless for any liability associated with
debt for this vehicle.
3.8 2007 INCOME. TAX RETURN, Husband and Wife shall file 2007 income tax
returns jointly and shall divide evenly any proceeds or liabilities that result from the 2007 income
tax returns.
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4.1 DERTS_ During the course of the marriage, Husband and Wife have incurred
certain bills and obligations and have amassed a variety of debts. It is hereby agreed, without the
necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that,
except as otherwise provided herein, both parties are equally responsible for all such bills,
obligations, and debts. Husband and Wife each agree to hold the other free and harmless from any
and all liability which may arise from any outstanding bills, obligations, and debts incurred after the
date of separation, and further agree to indemnify and defend the other .from any claim regarding
same. Both parties agree that, in the future, neither shall cause or permit to be charged to or against
the other any purchase which either of them may hereafter make and shall not hereafter create any
engagements, debts, or obligations in the name of or against each other.
4.2 LOWF.'C C.RF,DIT CARD ACCOUNT. At the time of the sale of the marital
residence the Lowe's credit card account number xxx-xxxx-xxx-1341 will be paid in full with the
proceeds from the sale of the residence.
4.3 SPECIFIC. OITT4TANDINC DEBTS OF HUSBAND. Husband agrees to accept
sole responsibility for, and to hold Wife free and harmless from any and all liability which may
arise from any account or debt that is solely in Husband's name.
4.4 SPECIFIC OUTSTANDING DFRTC OF WIFF. Wife agrees to accept sole
responsibility for, and to hold Husband free and harmless from any and all liability that may arise
from any account or debt that is solely in Wife's name.
5.1 WAIVER OF ALIMONY. Husband and Wife recognize and acknowledge that
the foregoing provisions for their individual benefit are satisfactory with regard to support and
maintenance, past, present and future. The parties release and discharge the other absolutely and
forever for the rest of their lives for all claims and demands, past present or future, for alimony,
alimony pendente lite or for any provisions for support and maintenance. The parties further
acknowledge that in consideration of the transfers made herein, each completely waives and
relinquishes any and all claims and/or demands they may now have or hereafter have against the
other for alimony, alimony pendente lite, spousal support, counsel fees and court costs.
6.1 ATTORNEYS FF.FS UPON BREACH. Each of the parties agrees that should
either of them be in breach of contract and fail to comply with the terms of the Agreement herein
the breaching party shall be responsible for all court costs and attorney fees reasonably necessary to
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enforce the Agreement.
6.2 ADVICE OF COUNSEL The parties acknowledge that they have been given full
and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They
acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is
being entered into freely and voluntarily, after. having received such advice and with such
knowledge that execution of this Agreement is not the result of any duress or undue influence and
that is not the result of any, collusion or improper or illegal agreement or agreements.
6.3 LEGAL FEES. Husband and Wife agree to be responsible for their respective
legal fees.
6.4 CONTRACT iNTF.RERF.TATiON, For purposes of contract interpretation and
for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement
was prepared jointly by their respective attorneys. Hershey Foods Corp. v. General Electric
Service Co., 619 A.2d 285 (Pa. Super. 1992).
6.5 MiTTiTAi. RELEASE Husband and Wife each do hereby mutually remise,
release, quitclaim and forever discharge the other and the estate of such other, for all times to come
and for all purposes whatsoever, of and from any and all right, title, interest, 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 he or she 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 as by way of
dower, curtesy, or claims in the nature of dower, curtesy, widow's or widower's 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 any other rights of a
surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a)
Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any country.
The parties further release any claim to all rights which either party 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 thereof It is the intention of
Husband and Wife to give each other by execution of this Agreement a full, complete and general
release with respect to any and all property of any kind of nature, real or personal, not mixed, 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 thereof. Both parties acknowledge that they have been advised that each may have the right
to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or
expenses. Except as otherwise provided herein, each party hereby waives any right to such
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economic claims ancillary to the divorce and accepts the provisions of this Agreement relating to
these claims as a final settlement for all purposes, as contemplated by the Pennsylvania Divorce
Code.
6.6 WARRANTIES. Each parry represents that they have not heretofore incurred or
contracted for any debt or liability or obligations for which the estate of the other party may be
responsible or liable, except as may be provided for in this Agreement. Each party agrees to
indemnify or hold the other party harmless from and against any and all such debts, liabilities or
obligations of each of them, including those for necessities, except for the obligations arising out of
this Agreement. Husband and Wife each warrant, covenants, represent and agree that each will,
now at all times hereafter, save harmless and keep the other indemnified from all debts, charges,
and liabilities incurred by the other after the execution date of this Agreement, except , as is
otherwise specifically provided for by the terms of this Agreement and that neither of them
hereafter incur any liability whatsoever for which the estate of the other may be liable.
6.7 MODIFICATION. No waiver or modification of any of the terms of this
Agreement shall be valid unless in writing and signed by both parties, and no waiver of any
enforcement claims for breach or default shall be deemed a waiver of any subsequent default of the
same or similar nature.
6.8 DOCUMENT EXECUTION. The parties agree that they will promptly execute
any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other
writings as may be necessary or desirable for the proper implementation of this Agreement, and as
their respective counsel shall mutually agree should be so executed in order to carry out fully and
effectively the terms of this Agreement.
6.9 GOVERNING TAW. This Agreement shall be construed in accordance with the
laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this
Agreement.
6.10 BINDING, This Agreement shall be binding and shall inure to the benefit of the
parties hereto and their respective heirs, executors, administrators, successors, and assigns.
6.11 ENTIRE AGREEMENT. This Agreement constitutes the entire understanding of
the parties and supersedes any and all prior agreements and negotiations between them. There are
no representations or warranties other than those expressly set forth herein.
6.12 SF.VERARii.ITY. If any term, condition, clause, section, 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. Likewise, the failure
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of any party to meet his or her obligation under any one or more of the articles and sections shall in
no way void or alter the remaining obligations of the parties. The parties expressly represent that
the headings of each paragraph are solely for purposes of convenience and are not to be construed
as controlling.
6.13 EQUITARI E DIVISION. It is specifically understood and agreed that this
Agreement constitutes an equitable distribution of property, both real and personal, which was
legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as
contemplated by the Divorce Code of the Commonwealth of Pennsylvania.
6.14 DISCLOSTIRF The parties warrant and represent that they have made a full
disclosure of all assets prior to the execution of this Agreement and that this agreement was entered
into in reliance upon that disclosure.
6.15 F,NFORCF,ARII.ITV AND CO SinFRATION, This Agreement shall survive
any action for divorce and decree of divorce and shall forever be binding and conclusive on the
parties, an any, independent action may be brought, either at law or in equity, to enforce the terms
of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed.
The consideration for this contract and agreement is the mutual benefits to be obtained by both of
the parties hereto and the covenants and agreements of each of the parties to the other. The
adequacy of the consideration for all agreements herein contained and stipulated, confessed and
admitted by the parties, and the parties intend to be legally bound hereby. In the event either party
breached the aforesaid Agreement and it is determined through appropriate legal action that the
alleged party has so breached the Agreement, the breaching party shall be responsible for any and
all attorney's fees as well as costs and expenses associated with litigation incurred by the non-
breaching party to enforce this Agreement against the breaching party.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year written.
WITNESSED BY:
C ? 0& ?V'ZL,408
James J. R(Zertone, Husband Date
1COl?e?. ?vSt?4?Ld.S
Catherine M. Rubertone, Wife Date
-r.
JAMES J. RUBERTONE
Plaintiff
VS.
CATHERINE M. RUBERTONE
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07 - 6700 CIVIL TERM
CIVIL ACTION - AT LAW - IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
November 5, 2007.
2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety
days have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention
to request entry of the decree.
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
unworn falsification to authorities.
Date: 31 `% ( o
Signature:
Catherine M. Rubertone
r-1
JAMES J. RUBERTONE
Plaintiff
VS.
CATHERINE M. RUBERTONE
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07 - 6700 CIVIL TERM
CIVIL ACTION - AT LAW - IN DIVORCE
DEFENDANT'S WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees, or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary.
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
unworn falsification to authorities.
Date: 31,4) s Signature: Ca m M .
Catherine M. Rubertone
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JAMES J. RUBERTONE,
Plaintiff
vs.
CATHERINE M. RUBERTONE
Defendant
To the Prothonotary:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 2007-6700
CIVIL ACTION - AT LAW
IN DIVORCE
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) #-_139f(d"
of the Divorce Code. (Strike out inapplicable section)
2. Date and Manner of service of the Complaint:
Service by certified mail #7005-0390-0006-3485-7074, delivered on November 9, 2007.
See attached Affidavit of Service.
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the affidavit of consent required by § 3301(c) of
the Divorce Code: by the Plaintiff Febniarv 77, MOR
by the Defendant March 9, ?06R
(b) Date of execution of the affidavit required by § 3301(d) of the
Divorce Code: ;
Date of filing of the Plaintiffs affidavit upon the respondent: ;
Date of service of the Plaintiffs affidavit upon the respondent: .
4. Related claims pending: Please incnrnnrate, Avilb mt meraing, the attached
Senaratinn and PrnnPrty Settlement Agreement of the parties into the pjy rce Decree
5. (Complete either paragraph (a) or (b).)
(a) Date and manner of service of the Notice of Intention to File
Praecipe to Transmit Record, a copy of which is attached, _
(b) Date Plaintiff s Waiver of Notice in § 3301(c) Divorce was filed with
the prothonotary: March 7, 9008
Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed
with the prothonotary: filed simultan oucly w/PraPCine
Respectfully
Marlin L. Markley,/,squire
Law Offices of P ck F. Lauer, Jr., LLC
l 2108 Market Street, Aztec Building
r3 l (?// 2 v Oil Camp Hill, Pennsylvania 17011-4706
Date: ID# 84745 Tel. (717) 763-1800
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
JAMES J. RUBERTONE
No. 2007-6700
Plaintiff
VERSUS
CATHERINE M RUBERTONE
Defendant
DECREE IN
DIVORCE
AND NOW, p7de,a ZG ` , Z-0B , IT IS ORDERED AND
DECREED THAT James J. Rubertone , PLAINTIFF,
AND Catherine M. Rubertone ,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;
AVoNE
PROTHONOTARY
JAMES J. RUBERTONE, THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. : No 07-6700 Civil Term
CATHERINE M. RUBERTONE, CIVIL, ACTION - AT LAW
Defendant DIVORCE - RETAKE PRIOR NAME
NOTICE OF INTENT TO RF.TAKF. PRIOR NAME
Notice is hereby given that CATHERINE MARY RUBERTONE, Defendant in the above-
captioned matter, having been granted a Final Decree in Divorce on March 26, 2008, hereby
elects to retake and hereafter use her previous name of CATHERINE MARY HUGHES, and
gives this written notice avowing her intention in accordance with the provisions of the Act of
December 16, 1982, P.L. 1809, 54 Pa_ C_S_A_ 704.
Catherine Mary Rubertone
TO BE KNOWN AS:
o-
Catherine Mary Hughes
COMMONWEAL OF PENNSYLVANIA )
COUNTY OF )
BEFORE ME, the undersigned authority, on this day personally appeared Catherine Mary
Rubertone, to be known as Catherine Mary Hughes, known to me to be the person who executed the
foregoing instrument, and who acknowledged to me that she executed same for the purposes and
considerations therein expressed.
&VAE ER MY HAND AND SEAL OF OFFICE this day of
2008. L
Notary Public in and for
Commonwealth of Pennsylvania
Typed or printed name of No _
My commission Tres:M YLVANIA
Notarial Seal
Camtan A. Pontz, Notary Public
Manor Twp., Lancaster County
My Commission Expires Aug. 27, 2010
Member, Pennsylvania Association of Notaries
HIM
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