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HomeMy WebLinkAbout03-6403SEBASTIAN, DIANE Plaintiff SEBASTIAN, RICHARD Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION IN DIVORCE NOTICE TO DEFEND ARD 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 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, 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 SEBASTIAN, DIANE : Plaintiff : SEBASTIAN, RICHARD Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE # CIVIL TERM AFFIDAVIT OF MARRIAGE COUNSELING I,Oiane Sebastian, being duly sworn according to law, depose and say: I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: ///~ ~/~ ~ ~/~eb~! Ji~~ lln~i f f~ Sworn and subscribe~d~ before/me this . /~ day of ,LO>z' 20 . Notary Publ ~' ~ SEBASTIAN, DIANE Plaintiff SEBASTIAN, RICHARD Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLARD COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE #P3' &~3 CIVIL TEm~ COMPLAINT IN DIVORCE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW COMES, Diane Sebastian, Plaintiff, by her attorney, Ruby D. Weeks, Esquire, who avers as follows: 6o 9° 10. Plaintiff, an adult sui juris, is Diane Sebastian, a U. S. citizen, who currently resides at 390 Limestone Road Carlisle, PA 17013,since February 1996. Defendant, an adult sui juris, is Richard Sebastian, a U. S. citizen, who currently resides at 76 West Willow Street Carlisle, Cumberland County, Pennsylvania 17013, since September 25, 2003. Plaintiff and Defendant have been a bona fide resident(s) in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. The Plaintiff and Defendant were married on October 21, 1989. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. Neither party is a member of the Armed Forces of the United States. The marriage is irretrievably broken. Plaintiff and Defendant have lived separate and apart since September 25, 2003. Diane Sebastian, Plaintiff has been advised that counseling is available and that Diane Sebastian Plaintiff may have the right to request that the Court require the parties to participate in counseling. Plaintiff requests the Court to enter a decree of divorce. COUNT I (A)- INDIGNITIES 3301 (a) (6) of the Divorce Code Paragraphs 1 through 6 are hereby incorporated by reference and made a part hereof. The averments under this Count are not collusive. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. COUNT II - IRRETRIEVABLE BREAKDOWN 3301 (c) of the Divorce Code Paragraphs 1 through 9 are hereby incorporated by reference and made a part hereof. The marriage is irretrievably broken. a, Plaintiff and Defendant have lived separate and apart since September 25, 2003. Plaintiff has been advised as to the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. Plaintiff requests the Court to enter a decree of divorce. COUNT III - REQUEST FOR DIVISION OF PROPERTY UNDER SECTION 53502 OF THE DIVORCE CODE 8. Paragraphs 1 through 13 are hereby incorporated by reference and made a part hereof. 9. The parties purchased or otherwise obtained during the course of their marriage property which is considered "marital property". 10. Upon entry of a divorce decree, such property should be divided equitably as is just and proper. COUNT VI - CHILD CUSTODY 11. Paragraphs 1 through 25 are hereby incorporated by reference and made a part hereof. 12. There were children born of the marriage: 13. 14. 15. 16. 17 18 19 a. Jessica Marie Sebastian, born March 30, 1992 and James Richard Sebastian born July 26, 1995. Said children were not born out of wedlock. Said children are presently in the custody of their mother, Diane Sebastian herein, who resides at 390 Limestone Road Carlisle, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons and at the following address: a. From February 1996 to present with Diane Sebastian at 390 Limestone Road Carlisle, Pennsylvania 17013 and Richard Sebastian at 390 Limestone Road Carlisle, Pennsylavania 17013 until September 25, 2003 when he moved to 76 West Willow Street Carlisle, Pennsylvania 17013. 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 information of a custody proceeding concerning the children pending in a Court of this Commonwealth or in any other Court in any other jurisdiction. 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. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the children, to intervene. The best interests and permanent welfare of the children and his/her physical, spiritual, emotional and moral well-being will be served by granting the relief requested. 20. Plaintiff requests joint, shared legal custody of the children, with physical custody of the children to be with the mother. Liberal visitation o~ the children with the father shall be as the Court deems in the best interests of the children. COUNT VII - CHILD SUPPORT 21. Paragraphs 1 through 35 are hereby incorporated by reference and made a part hereof. 22. Plaintiff lacks sufficient means of support at present to fully provide for the reasonable needs of their children, despite the fact she is employed. Plaintiff requests an award of child support for the following children of the parties: Jessica Marie Sebastian, born March 30, 1992 and James Richard Sebastian born July 26, 1995. The children currently reside with the Plaintiff. 23. Plaintiff requires reasonable support to adequately maintain herself and the child in accordance with the standard of living established during the marriage. 24. Defendant is financially able to provide for the reasonable needs of Plaintiff and the children. WHEREFORE, plaintiff prays that a decree in divorce be entered divorcing defendant from the bonds of matrimony between the said plaintiff and defendant. 25. As to Count I, that a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant. a. AS to Count II, in the alternative, should Defendant execute an Affidavit consenting to a divorce because the marriage is irretrievably broken, that a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant. b. As to Count III, that this Court determine marital property and order an equitable distribution thereof. c. As to Court VI, that joint, shared legal custody of the minor children, Jessica Marie Sebastian, born March 30, 1992 and James Richard Sebastian born July 26, 1995, be awarded with physical custody of the children to be with the mother, and liberal visitation of the children with the father shall be as the Court deems in the best interests of the children. d. As to Count VII, that Plaintiff be awarded child support for the parties' children. e. Such other additional relief as the Court deems necessary and appropriate. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Diane Sebastian, Ruby~ Attorney for Plaintiff 10 West High Street Carlisle, PA 17013 (717) 243-1294 ~OMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND The above named, Diane Sebastian, being duly sworn according to law, deposes and says that the facts contained in the foregoing Complaint are true and correct, and the Complaint is not made out of levity or by collusion between her and the said Defendant for the mere purpose of being freed and separated from each other, but that it is brought in sincerity and in truth for the cause mentioned in the said Complaint. ~ia~e ~eba~t±a~ ~±~±ff Sworn and subscribed to beforetime thi~ ~_~day Diane Sebastian Plaintiff Richard Sebastian Defendant : CIVIL ACTION - LAW : # CIVIL TE~M IN THE COURT OF COMMON PLEAS OF CUM~ERLkND COUNTY, PENNSYLVANIA COMPLAINT FOR JOINT AND SHARED CUSTODY TO THE HONOP~%BLE, THE JUDGES OF SAID COURT: The Plaintiff is, Diane Sebastian, hereafter referred to as the natural mother, residing at 390 Limestone Road Carlisle, Cumberland County, Pennsylvania, 17013, The Defendant is Richard Sebastian, hereafter referred to as the natural father, residing at 76 West Willow Street Carlisle, Cumberland County, Pennsylvania, 17013. Plaintiff seeks legal custody of the followin~ children: Name Present Residence Aqe Jessica Marie Ssbastian 390 Limestone Road Carlisle 11 James Richard Sebastian 390 Limestone Road Carlisle 8 The children were born on March 30, 1992 and July 26, 1995, respectively. The children are presently in the custody of the natural mother, who resides at 390 Limestone Road Carlisle, Cumberland County, Pennsylvania 17013. d. The child has resided with the following persons and at the following addresses for the past 16 months: Persons Address Dates Diane Sebastian 390 Limestone Road February 1996 - Present 10. The best physical, granting mother. 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 information of a 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. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the children, so none will be given notice of the pendency of this action and the right to intervene. Pursuant to the Custody and Grandparents Visitation Act, the mother requests this Court to grant an award of legal custody to her. The mother requests physical custody of the children in that she is in a better position to provide consistent and stable care for the child and she is the parent more likely to assure that the child have a relationship with both parents. interests and permanent welfare of the children and, their spiritual, emotional and moral well-being will be served by the relief requested of legal and physical custody with the Plaintiff, mother prays for an Order awarding legal custody of the minor children, Jessica Marie Sebastian born March 30, 1992 and James Richard Sebastian born July 26, 1995, to the Plaintiff, mother and with partial custody awarded to Defendant father as this Court determines is in the best interests of the child. WHEREFORE, Plaintiff, mother prays for an Order awarding legal custody of the minor children, Jessica Marie Sebastian and James Richard Sebastian, to the mother, with actual physical custody to the mother. Respectfully submitted, Ruby D. Weeks, Esquire Attorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 243-1294 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Personally appeared before me, A Notary P~lblic in and for the Commonwealth and County aforesaid, the under-signed, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Complaint are true and correct. Sworn to and subscribed to before r~e~this /~ day NOtary Publi~ /J DIANE SEBASTIAN PLAINTIFF RICHARD SEBASTIAN DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-6403 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesd_~y, December 17, 2003 __, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before J~ac~qEeline M. Ver~, thc conciliator, at 4th Floor, Cumberland Count~ Courthouse, Carlisle on Tuesday, January 20, 2004_~ at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made · · ~ ,f th~s cannot be accomphshed, to define and nanow the ~ssues to be heard by the c~t~r~e~s-°lav-e- the.,ss~es ~n d,spute, or .... , ,mu ro enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours I~rior to scheduled hearing. FOR Tt-IE COURT, By: /s/ ~ t~___ Custody Conciliator The Court of Common Pleas of Cumberland County is required by/aw to comply with the Americans w/th Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hear/rig conference or hearing, or business befbre the court. You must attend the scheduled YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEy AT ONCE. IF YOU DO NOT ttAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET F ORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Diane Sebastian, Plaintiff vs. Richard Sebastian, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLV~NIA CIVIL ACTION - LAW IN DIVORCE %03-6403 CIVIL TERM 2003 AFFIDAVIT OF SERVICE BY MAIL pURSUANT TO PA R.C.P. 1920.4 (a) (1) (ii) COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : ss I, RUBY D. WEEKS, ESQUIRE, Attorney for Diane Sebastian, being duly sworn according to law, depose and say that a true and correct copy of the Divorce Complaint, Custody Complaint and Property Settlement Agreement was served on Richard Sebastian, at 76 West Willow Street Apt. 2, Carlisle, Cumberland County, Pennsylvania, 17013, by mailing the same to him by certified mail, restricted delivery, No. P 7002 0860 0000 1074 5077, on December 11, 2003. Service was not accepted, documents were returned for insufficient address. A true and correct copy of the Divorce Complaint, Custody Complaint and Property Settlement Agreement was re-served on Richard Sebastian, at 76 West Willow Street Apt. 2, Carlisle, Cumberland County, Pennsylvania, 17013, by mailing the same to him by certified mail, restricted delivery, No. 7002 0860 0000 1074 5084, on December 15, 2003. Service was accepted December 18, 2003. Sworn and subscribed to beform-4ne this ~/w~ day of ' , OCA SL ' i O i A L E~ Sent TO r,- l~i'ii;i.'iW.~ ............................................................................ ~&'~,'~':i ....................................................................... CARLISLE MPO CARLISLE, Pennsylvania 170132935 4134870013-0093 12/15/2003 (800)275-8777 03:22:34 PM Sates Receipt Product Sale Unit Final Description Oty Price Price CARLISLE PA 17012 $2.67 First-Class Restricted Delivery $3.50 Return Receipt $1.75 Certified $2.30 Label Serial #: 70020860000010745084 Issue PVI: $10.22 Total: ,~ $10.22 Paid by: ~ Cash $10.22 Bill#: 1000700658577 ClerK: 14 -- All sa/es final on stamps and postage. -- Refunds for guaranteed services only. Thank you for your business. ~ .... ~r Copy ~ I J[ II J III II .............. I FEB U 6 2004 DIANE SEBASTIAN, Plaintiff VS. RICHARD SEBASTIAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03-6403 : : IN CUSTODY ORDER OF COURT AND NOW, this ~/_ ~ day of ~' k, ,2004, upon consideration of the within Parenting Agreement and Stipulation, the terms thereof hereby are made an order of court. FORTHECOURT, SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIs ~/[/FF, FLOWER & LINDsAy !6 W. High Street Carlisle, PA DIANE SEBASTIAN, Plaintiff VS. RICHARD SEBASTIAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 03-6403 : : IN DIVORCE ~,,.-,;;.,..~._vr I HE DIVORc A.D 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed December 10, 2003. 2. The marriage of Plaintiff and defendant is irretrievably broken and ninety days from the date of filing and service of the Complaint. have elapsed 3. I COnsent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. J vedfy that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I Understand that false stalements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to Unswom falsification to authorities. rdchard Set~ - ' - ,--,- ~ rD-- DIVORc~ 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 pxpenses if ~ do not claim them before a divome is grantEd. 3. I Understand that I wi~ not be divorced until a Divorce that a copy of the Decree will be sent to me immediately after it Js filed with the Prothonotary. i3ecree is entered by the Court and I vedfy that the statements made in this Affidavit are true best of my knowledge, information and be ief I Understand that~a~ Correct to the subject to the penalties of 18 Pa C S .... '- 'Ise statements herein am made · · *~u~ re a~mg to unsworn falsification to authorities Date: PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, dated the __ day of , 20__, by and between Diane Sebastian, residing at 390 Limestone Road, Carlisle, Cumberland County, PA 17013 Social Security Number 210-60-766i, hereinafter called the "Wife", and Richard Sebastian, residing at 76 West Willow Street, Carlisle , PA 17013, Social Security Number 191-46-4302, hereinafter called the "~{usband", who agree as follows: W I T N E S S E T H : WHEREAS, the parties are Husband a~d Wife, having been married on October Pennsylvania. The parties separated 21, 1989, in Carlisle, Cumberland County, September 25, 2003. WHEREAS, there have been issue of the marriage, to wit: Jessica Marie Sebastian born 3/30/92 and James Richard Sebastian born 7/26/95, hereinafter referred to as the Children. WHEREAS, diverse unhappy, and irreconcilable differences, disputes, and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the promises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a2 mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980 as amended by Act No. 1990, 206 effective 3-19-91, et. seq. and shall execute affidavits of consent and waiver of notice of intent to finalize the divorce at the time this agreement is signed, 2. EFFECT OF DECREE, NO MERGER It is further specifically understood and agreed that the 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 of its covenants shall not be affected in any way by any such separation or 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. It is further understood that Pennsylvania law provides that "a provision of an Agreement regarding child support, visitation or custody shall be subject to modification by the Court upon a showing of changed circumstances~'. 2 It is specifically agreed, however, that a copy of this Agreement may be incorporated by reference, into the divorce judgment or decree. This 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, unless otherwise specifically provided herein, and for this Agreement to continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall survive such decree. That is, this agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. Except with regard to child support and child custody, no court may change the terms of this agreement, and it shall be binding and conclusive upon the parties. In the event of a reconciliation, attempted reconciliation, or other cohabitation of the parties hereto after the date of this agreement, this agreement shall remain in full' force and effect in the absence of a written agreement signed by both parties expressly stating that this agreement has been revoked or modified. 3. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall take place simultaneously with the execution of this Agreement. 4. ADVICE OF COUNSEL The provisions of this agreejment and their legal effect have been fully explained to the parties by their respective counsel, Carol J. Lindsay, Esquir for the husband, and Ruby D. Weeks, Esquire, for the wife. The parties acknowledge that they have received independent legal advice from counsel of their seletion and that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept 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 and that the execution of this agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement(s). 5. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and that Wife and Husband do not wish to exercise their right to have . appraisals by experts as to the value of the various interests of the parties. The parties understand that such appraisals would be necessary to fix the fair market value of these interests for purposes of equitable distribution. 6. WARRANTY OF DISCLOSURE The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an information exchange of information by the parties' attorneys and this Agreement between the parties is based upon this disclosure. 7. OBTAINING INFORMATION ON FINANCES Each party acknowledges that they have been informed they may have the right, as provided by statute and Pennsylvania Rules of Civil Procedure, to obtain information regarding the parties' finances with regard to equitable distribution. Such information would include, without limitation, their present and past income; and the identity and value of assets both presently owned and transferred previously. Such information may be obtained by one or more of several methods including depositions upon oral examination, written interrogatories, production of documents or entry upon property for inspection. The parties agree to waive any further discovery. 8. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. However, each party shall make best efforts to maintain employment with comparable benefits and salary as they now hold or for which they are in training. 9. NO MOLESTATION Husband and Wife shall not molest or interfere with each other, nor shall either of them attempt to compel the other to cohabit or dwell with her or him, by any means whatsoever. Neither party shall harass or be verbally or physically abusive to the other. 10. M73TUAL RELEASES Husband and Wife 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, title and 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 or by way of dower or curtesy, or claims in the nature of dower or curtesy or 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 all 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, 5 Commonwealth or territory of the United States, or (c) any other country, or any 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, equitable distribution, 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 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 or 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. ~QUITABLB DISTRIBUTION OF PROPBRT¥ 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 Act of April 2, 1980 (P.L. 63, No. 26) known as "The Divorce Code," 23 P.S. 3101 et. seq. of the Commonwealth of Pennsylvania. And further, that the parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in 3502 of the Pennsylvania Divorce 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 of each of the parties; the contribution of one party to the education, training, or increased earning power of 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 [he property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 12. Distribution of Personal Property: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property, and hereafter Wife agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife; and Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband, except that the Husband to the extent said satalite dish and receiver are located at 390 Limestone Road, Carlisle, Pennsylvania, husband is to remove these items prior to June 30, 2004. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possessions of each of the parties hereto. 13. Real Property: The parties recognize that they own as tenants by the entirety real property known as 390 Limestone Road, Carlisle, Cumberland County, Pennsylvania. For the mutual promises and covenants contained in this Agreement, Husband agrees to convey to Wife all right, title, claim, or interest he may have by equitable distribution or otherwise in and to this property. This conveyance shall take place within thirty (30) days of the date of this Agreement. It is recognized that this conveyance is subject to an existing first mortgage, in the wife's sole name, naming General Motors Acceptance Corporation as mortgagee and having an approximate balance of $150,000.00. Wife agrees to indemnify Husband for any loss, including counsel fees, that he might suffer as a result of default upon this mortgage. 14. Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 2003 Chevy Malibu titled to Wife, shall become and remain the sole and exclusive property of the Husband. It is security for a loan at M&T Bank with a balance of approximately $11,669.00, and Husband agrees to indemnify and hold harmless the Wife from any and all liability for this debt. (b) The 2000 Chevy Venture, titled jointly, shall become and remain the sole and exclusive property of the Wife. It is security for a loan at GMAC Bank with a balance of approximately $11,753.00, and Wife agrees to indemnify and hold harmless the Husband from any and all liability for this debt. 15. G~N~RAL: (1) Husband hereby waives all interest in Wife's property including but not limited to all accounts, certificates of deposit and securities. (2) Wife hereby waives all interest in Husband's property including but not limited to all accounts, certificates of deposit, and securities. (3) Husband and Wife agree that the party who is receiving the property shall pay all costs, including attorney fees, of transferring any property necessary to be titled from joint ownership to that of either party. 16. FILING INVENTORIES AND APPRAISEMENT The parties further acknowledge their understanding that they each have the right to file Inventories and Appraisement with the Court and to require the other party to do so. Such Inventories and Appraisement require a party to indicate, under oath, information regarding all marital property in which either party has an interest as of the date the action was commenced. Fully knowing the same, each party nonetheless waives their respective rights to request additional 8 discovery be conducted~ to file Inventories and Appraisement with the Court, or to require the other party to do so. 17. AFTER-ACQU~RED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible and intangible, subsequently acquired by the other party. 18. MARITAL DEBTS: Husband and Wi~e agree that the debts incurred by Husband and Wife during the marriage shall be allocated as follows: Wife shall assume and be solely responsible for the repayment of the Bank One Visa, account number 4366 133051940368 with an approximate balance of 11,270.00, the Bank One Visa, account number 4417 125979426842 with an approximate balance of 15,000.00, Chase visa, account number 4253330001782207 with an approximate balance Of 12,599.00, Discover Card with an approximate balance of $5438.00, Discover Platinum with an approximate balance of $5468.00, Texaco/Shell with approximate balance of 298.00, Sears with an approximate balance of $5482.00, Walmart with an approximate balance of $1305.00, Boscov's with an approximate balance of $1219.00 and Loan at PNC bank with an unknown balance at this time. It is acknowledged by the parties that the Bank One Visa and the PNC loan have been rolled into the GMAC mortgage on the marital residence assumed by the wife. The party assuming a debt agrees to hold the other party harmless and to indemnify the other party from and against repayment for any and all such debts liabilities, or obligations of any kind whatsoever arising from the debt. 19. FUTURE DEBTS: Husband and Wife hereby mutually agree that subsequent to the execution of this Agreement neither party shall incur any debts which will obligate the other to make payment for same. Husband and Wife hereby acknowledge that there are no outstanding bills or other indebtedness which have been incurred by either for the liability of the other, and both parties hereby covenant and a~ree that neither shall have any financial obligation to pay any financial obligations which are solely the financial obligation of the other and which have been contracted by either party solely for their own benefit and without the knowledge or consent of the other party. Husband and Wife further agree that they will indemnify the other from any and all claims or demands made against the other by reason of any debts or obligations contracted in violation of this Agreement. 20. WARR3tNTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation 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 every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 21. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each covenant, warrant, represent and agree that each will now and 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 may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 22. ASSUMPTION OF LIAEILITIES, This provision sets forth the method for the payment and assumption of the debts and liabilities of the parties, since the assumption is not binding on the creditor, the party assuming the debt agrees to indemnify the other party in the event the creditor seeks to hold such other party liable, should the parties wish to bind the creditor and relieve the original debts from all liability, a novation should be executed. 23. WAIVER OF SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with which 10 to provide themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 24. HEALTH INSURANCE From the date of the divorce decree, Husband agrees to be responsible for obtaining his own health insurance coverage at his own expense. 25. RETIREMENT FUNDS A. The Husband, who is unemployed has no retirement benefits B. The Wife, who is employed at Dataquest, Inc., Harrisburg, Pennsylvania, has retirement and other employee benefits. It is agreed by the parties that the Husband shall waive any interest he may have in any of the benefits, including retirement, which the Wife may have as a result of her employment. 26. FEDERAL INCOME TAXES For 2003, the parties filed joint tax returns and agreed that the wife alone should receive any refund. For 2004 and thereafter, each party shall file his or her own separate federal, state and local tax returns and each party shall be solely entitled to receive any refund therefrom or pay any tax due thereon. Wife, who has paid the car payments and mortgage, shall be entitled to deduct any interest for these obligations and to claim the children as dependents. 27. ATTORNEY FEES, COSTS & EXPENSES The parties agree to waive receipt of and to be responsible for their own attorney fees, costs and expenses in connection with the negotiation and preparation of this Agreement and the granting of a divorce decree. 11 BREACH OF AGREEMENT If either party fails in the due performance of obligations under this Agreement at their election, the non-breaching party shall have the right to sue for damages for breach of this Agreement. The breaching party shall be responsible for actual legal fees and costs incurred by the non-breaching party necessary to the enforcement of this Agreement. 29. LAW OF PEN~SYLV~NIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 30. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 31. SEVEP. ABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 32. INTEGRATION 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. 12 33. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be · construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 34. WAIVER OR MODIFICATION TO BE IN WRITING NO modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties. 35. SUBSEQUE~ DIVORCE Wife has filed a divorce complaint. In the event such divorce action is concluded, Nusband shall be entitled to receive a copy of the Decree in Divorce for the normal fee charged by the Prothonotary and shall not be assessed any costs of the proceeding, except as previously agreed to herein in Paragraph 31. In the event such divorce action is concluded, the parties shall be bound by al/ the terms of this Agreement, which shall be incorporated by reference into the Divorce Decree, and this Agreement shall not be merged in such Decree, but shall in all respects survive the same and be forever binding and conclusive upon the parties. 36. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 13 AND the parties hereto state and agree that this Agreement shall not in any way be construed as a collusive agreement. 38, DIVORCE Husband and Wife agree that Wife shall file a Complaint in divorce seeking a divorce on the basis of mutual consent. Husband and Wife both agree that ninety (90) days following the filing of a Divorce Complaint by Wife that both parties will execute the required Affidavits of Consent to be filed with the Court to allow the Court to grant a divorce on the basis of mutual consent. Wife agrees to pay all counsel fees, costs, and expenses incident to obtaining the aforesaid divorce IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness COMMONWEALTH OF P~NNSYLVA~IA COUNTY OF CUMBERLAND Dlahe Sebast i~ Richard Sebastian On this, the day of , 20 , before me, a Notary Public, the undersigned officer, personally appeared Richard Sebastian, known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. Notary Public 14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the I~ day of 20~)~ , before me, a Notary Public, the undersigned officer, personally appeared Diane Sebastian, known to me to be the person whose name is subscribed to the within Property Settlement and acknowledged that she executed the same for the purposes therein Agreement, contained. Notary Public 15 Diane Sebastian, : Plaintiff : Richard Sebastian, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE $03-6403 CIVIL TERM 2003 AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 10, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90} 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 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. 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. Dated: ~0- ~-Ot~ ~ ~'~ ' Diane Sebastia~ Sworn and subscribed to before me, this I~'~x day , of , 20C . Notary Public gAROL A. ~IORROW, N~ Publ~ Diane Sebastian, Plaintiff vs. Richard Sebastian, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW iN DIVORCE #03-6403 CIVIL TERM 2003 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER S 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. 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. S 4904 relating to unsworn falsification to authorities. Date: I0' ~t-O'~-~. ~ ~' Diane Sebastian,/Plaintiff Diane Sebastian, Plaintiff Richard Sebastian, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE #03-6403 CIVIL TERM 2003 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) 2. Date and manner of service of the complaint: Certified mail, restricted deliverv no. 7002 0860 0000 1074 5084 on December 15, 2003 deliverv was accepted on December 18, 2003. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the plaintiff October 11, 2004; by the defendant October 7, 2004. 4. Related claims pending: N/A 5. Date plaintiff's Waiver of Notice in § 3301(c) Divorce was filed with tbs prothonotary: October 11, 2004 Date defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: October 7, 2004. Date: October 11, 2004 ~ L{j'o~J~P----~-- Ruby D. W~ks, Esquire Attorney [or the Plaintiff IN THE COURT OF COMMON PLEAS DIANE SEBASTiA/~. OFCUMBERLANDCOUNTY STATE OF ~ PENNA. pLAINTIFF NO. $03-6403 CIVIL TERM VERSUS RICHARD SEBASTIAN, DEFENDANT DECREE IN DIVORCE AND NOW, 6)L~, )_[ DIANE SEBASTIAN DECREED THAT RICHARD SEBASTIAN AND , ]7_~., IT IS ORDERED AND , PLAINTIFF, , 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; A PROPERTY SETTLEMENT AGREEMENT IS ATTACHED AND MADE A PART HEREOF FOR PURPOSES OF ENFORCEMENT. PROTHONOTARY