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HomeMy WebLinkAbout08-1004ow- ,a-RICK A. PACE, V. SHELBY L. PACE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 08 - 160 Y Defendant : IN DIVORCE CIVIL TERM You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and 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 hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 0- Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 08 - /may CIVIL TERM : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Rick A. Pace, an adult individual, who resides at 281 Boyer Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant is Shelby L. Pace, an adult individual, who resides at 78 East Pomfret Street, Apt. 1, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on October 8, 2005, in Monroe Township, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. RICK A. PACE, V. SHELBY L. PACE, 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Respectfully submitted, Rominger & Associates Date: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff RICK A. PACE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . : CIVIL ACTION - LAW SHELBY L. PACE, : NO. 08 - CIVIL TERM Defendant : IN DIVORCE VERIFICATION 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: A--Zo- C? 8 ck A. Pace, Plaintiff n ? ? ?, N ? W ?-' ? ? ? {? ? ?? t. ? ? -? `? ? ? N r "t'S r-} ?,?. ?? :??. c???, RICK A. PACE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SHELBY L. PACE, : NO. 08 - 100' CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. 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: Ri&A. Pace/Plaintiff ?? c,. ? ..rya-, ', t t' -?^ .., 1..'4 ?...: ,«... > 4 .+- r?-3 a?. "'. --? RICK A. PACE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SHELBY L. PACE, : NO. 08 - 100Y CIVIL TERM Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 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. §4904, relating to unsworn falsification to authorities. Date: ?1 -_..._. Rick A. Pace/PlairAff r' rv RICK A. PACE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SHELBY L. PACE, : NO. 08 - 1000 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. 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: oil r Shelby L. P c efendant =I t? w' cri 4w RICK A. PACE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SHELBY L. PACE, : NO. 08 -100Y CIVIL TERM Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 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. §4904, relating to unsworn falsification to authorities. Date: ?.:.> -,?-a r ?i ?. ?? ? :? n?, .? : c ?. r, ??? ?' w.,. RICK A. PACE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SHELBY L. PACE, : NO. 08 -100' CIVIL TERM Defendant : IN DIVORCE MARTIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of GCY1e , 2008, by and between Rick A. Pace, hereinafter referred to as "HUSBAND", and Shelby L. Pace, hereinafter referred to as "WIFE." WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on October 8, 2005, in Monroe Township, Cumberland County, Pennsylvania. WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE 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 and real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and 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, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. 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. 2. The parties have attempted to divide their matrimonial property in a manner that conforms to just and right standards, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity, as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition or any property now owned and not specified herein or property hereafter acquired by the other. 4. 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 is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 5. Each party to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel of his or her own choosing or has voluntarily elected not to obtain counsel; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all his or her property, interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate consideration without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on half of both parties during the marriage. 7. DEBTS: It is further mutually agreed by and between the parties that the debts of the parties existing as of the time of the execution of this agreement shall not be finally released or addressed by the foregoing agreement, and that any debts incurred by the parties after the execution of this agreement shall be the sole responsibility of the party incurring that obligation. If either party fails to pay a debt for which the other is obligated, the injured party may pay that debt at their own discretion, and recollect any monies expended, plus costs and attorney's fees, an additional liquidated damages of twenty-five (25%) percent of any such funds expended. It is further mutually agreed by and between the parties that HUSBAND shall assume the debt of the dog and cat payment, pay one-half (%) or eighty ($80.00) dollars towards the joint personal loan in which both parties are borrowers of the loan until all debts are paid. WIFE shall assume the debt of the vehicle loan, rent, Comcast, personal school loans, and pay one-half ('/2) or eighty ($80.00) dollars towards the joint r personal loans in which both parties are borrowers of the loan to HUSBAND or to the loan office directly until all debts are paid. 8. REAL PROPERTY: The parties agree to waive any interest they may have in real property as neither party is in possession of real property. 9. PERSONAL PROPERTY: The parties agree that HUSNBAND will retain all of his personal effects and the flat screen Sanyo television and that WIFE shall retain the furniture, cloths, second television, personal lat top computer and the kitchen ware. If any debts are associated with the items of the property herein, the party receiving the same shall assume the debt and hold the other party harmless from such debts. Any property not specifically divided herein shall be subject to distribution at a later time. 10. AUTOMOBILES: The parties agree that HUSBAND shall keep the vehicle that he now has and WIFE shall keep the vehicle she now drives. Each side will be responsible for any debt on their vehicles and each side agrees to cooperate removing the other should their name be on any debt or on any titles. 11. INCOME TAX RETURNS: All future income tax returns will be filed separately and the parties will each retain any refund due to them. 12. SUPPORT AND ALIMONY: Except as provided herein, both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony or spousal support before or after any divorce which may be granted. 13. RETIREMENT ACCOUNTS: The parties agree to waive any interest they may have in the others retirement accounts and said retirement accounts become the sole properties of the parties to whom the retirement accounts belong to. 14. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, { under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take the intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waive and relinquishment of all such interest, rights and claims. 15. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonable required to give full force and effect to the provisions of this agreement. 16. VOLUNTARY EXECUTION: Both parties fully understand the terms of this agreement and were given full opportunity to discuss said terms with their respective attorneys. Both parties agree that they are executing this agreement freely and voluntarily. Both parties acknowledge that it has been suggested to them that they review this agreement with independent legal counsel and has either done so or has voluntarily chosen not to do so. 17. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 18. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 19. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. This agreement shall become effective immediately upon its execution by both parties. f 20. BINDING EFFECT OF AGREEMENT: This Agreement shall remain in full. force and effect unless and until terminated 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 not be construed as a waiver of any subsequent default of the same or similar nature. 21. SEVARABILITY: 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. 22. BREACH OF CONTRACT: Any party breaching this agreement is liable to the other party for all costs and counsel fees reasonably incurred by the non-breaching party to enforce his or her rights under the Martial Settlement Agreement subsequent to the date of the signing of this Agreement. The aggrieved party may file in either law or equity, in any court of competent jurisdiction, including, but not limited to the county in which they or the opposing party reside. Should either party fail in the due performance of the terms under this Agreement, the other party shall be able at his or her discretion to sue for performance or for damages for a breach of the Agreement. The party who is deemed to have failed in the due performance of the terms hereunder shall be liable for all reasonable costs and expenses incurred by the other in suing for performance or for damages for breach of the Agreement, including counsel fees. 23. EXECUTION IN COUNTERPARTS: This agreement may be executed in counterparts, each of which shall be deemed an original, but all of which constitute one and the same instrument. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Date Date Date &' r `0 0 Date A. 4e' % Karl . Rominger, Attorney for Rick A.Pace Witness for Shelby L. Pace COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. On this, the 9)0 \`day of , 2008, before me, the subscriber, a _tLj,? Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared Rick A. Pace and in due form of law acknowledged the above Agreement to be his act and deed and desired the same to be recorded as such. c Notary Public COMMONWEALTH OF PENNSYLVANIA NoWW Seal Taml T. Dim, Notary Pubic Steelton Bozo. Dauphin County My Comn*sslon Expires.* 23, 2011 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) On this, the day of Y:::ez? , 2008, before me, the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared Shelby L. Pace and in due form of law acknowledged the above Agreement to be her act and deed and desired the same to be recorded as such. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Tama T. MM Notary Pubic Steelton Bore, Da #*i County My Qorrirriweion fthn w = 2011 Abmbar, Psnnsylvsnie ft"" M of Nolsoo r.a C. %C t-A I RICK A. PACE, Plaintiff V. SHELBY L. PACE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL. ACTION - LAW : NO. 08 -100y CIVII. TERM : IN DIVORCE PROOF OF SERVICE EXHIBIT "A" t Cwaplete hems 1, 2, and 3. Also complete AM 4 if Restricted Delivery is desired. ¦ P*d your narm and address on the reverse so that we can return the card to you. ! Aftd this card to the back of the mailpiecs, or on the front if spare permits. ?b ? A(-e- k 04 cmF/A; Uf• l/1_PAgerd of DAW bWr Mnfc-111-1:?TWby D. Is delKwy Aldraw di fma d from hm 1? 13 Yes K YES, enter dellvM address below. XNo 3. Type AAall ? Express Man O Re*wed )Kt mm Pa no for Ma &mumme ? insured Man ? C.O.D. 4. 01 ijI rws0mji*rVT0ft0W i. Article Number (ftm 7006 0100 0007 1050 7112 ?? ?ea+ a wb as PA rwm 5811, ftws ty =04 Damrwc ftwm A - n IF - , `l RICK A. PACE, V. SHELBY L. PACE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 08 -1005 CIVIL TERM Defendant : 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. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: 3. Date of execution of the affidavit of consent required by § 3301(c) of The Divorce Code: by the Plaintiff July 23, 2008; by the Defendant July 23, 2008. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: July 23, 2008, Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: July 23, 2008. Respectfully Submitted, Rominger & Associates Date: July 24, 2008 F,vairl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID No. 81924 ? era C_- =t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Rick L. Pace No. 1 o09 - 2008 VERSUS Shelby L. Pace DECREE IN DIVORCE 3.-iod /of, AND NOW, iot IT IS ORDERED AND DECREED THAT Rink T.- Pace , PLAINTIFF, AND Shelby L_ Pace 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 Marital Settlement Agreement is Attached and is ATTEST' J. PROTHONOTARY f-OC-L