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HomeMy WebLinkAbout09-3719ATHENA L. EBAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RYAN S. EBAUGH, NO: O9--3 719 CIVIL TERM Defendant IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LINDSAY SAIDIS, RFLONVER LIlVDSAY Awmanz 26 West High Street Carlisle, PA Maroo,d as, Esq11 Attorney 4919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff ATHENA L. EBAUGH, Plaintiff V. RYAN S. EBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: o y- -97 117 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Athena L. Ebaugh, an adult individual currently residing at 23 East South Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Ryan S. Ebaugh, an adult individual currently residing at 136 Darr Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 29, 2001 in Boiling Springs, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. The Plaintiff has been advised that counseling is available and that she has FLONVERR & UNDSAY 26 West High Street Carlisle, PA the right to request that the court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance L with §3301 (c) or (d) of the Pennsylvania Divorce Code. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Maryl , Esquir Attorney Id. 919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: (p??jly Counsel for Plaintiff SAMIS, RFLONVIER LINDSAY ZTERNIMM 26 West High Street Carlisle, PA ATHENA L. EBAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RYAN S. EBAUGH, NO: CIVIL TERM Defendant IN DIVORCE VERIFICATION ecif}, that the-statements rnnde ir` th? foragoir!Cr? d3c?ttt rnt are trite :and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. (;& T NA L. EB GH Date: SAM FTANVER ,& LIlVDSAY 26 West High Street Carlisle, PA Ci A(.Q}- YFICE OF THE MTHONOTARY 2`JUM-5 A» ! (: 3 1 PE"YLVAW :z6 -;t :? ? ATHENA L. EBAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RYAN S. EBAUGH, NO: 2009-3719 CIVIL TERM Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, RYAN S. EBAUGH, Defendant, accept service of the Divorce Complaint in the above-captioned matter. C '-p 6)(1 /'0 j , c Date RYA S. E GH SAIDIS, FLOWER & LINDSAY ulv uw 26 West High Street Carlisle, PA JUN222009 _ FUE t I r { ?ul3v.._:.? C..3 1 ii • Lis ATHENA L. EBAUGH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. RYAN S. EBAUGH DIVORCE DECREE AND NOW, Oho ~v Z~ Lam , it is ordered and decreed that ATHENA L. EBAUGH _, plaintiff, and RYAN S. EBAUGH No. 2009-3719 defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The terms of the Separation and Property Settlement Agreement dated September 25, 2009 are incorporated, but not merged, into this Decree of Divorce. By the Court, /6 • aa~o4 Flo ~-a~,~r/ ~ ~~~` ATHENA L. EBAUGH, Plaintiff v. RYAN S. EBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: 09-3719 CIVIL TERM IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this ~ ~ day of ~, 2009, BETWEEN RYAN S. EBAUGH, of 136 Darr Avenue, Carlisle, Cumberland County, Pennsylvania 17013, hereinafter referred to as Husband, AND ATHENA L. EBAUGH, of 23 East South Street, Carlisle, Cumberland County, Pennsylvania 17013, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on, September 29, 2001, in Boiling Springs, Cumberland County, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 2009-3719 Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendenfe lite. R4: The parties also desire to settle their issues of custody of their minor children Raegen O. Ebaugh, born June 13, 2002, and Briar A. Ebaugh, born March 4, 2005; counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: i (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action, and will execute and file the necessary documents to finalize the divorce after the expiration of ninety (90) days of the service of the Complaint and the moving party shall move for the entry of the divorce decree at that time. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 136 Darr Avenue, Carlisle, Cumberland County, Pennsylvania 17013. The parties agree to list this real estate for sale with a realtor of their choosing. Currently, the property is listed for sale with Kristy Davis of Hooke, Hooke & Eckeman, and is under contract for sale. Both parties shall cooperate with the signing of any and all documents necessary to sell the home, including but not limited to, any re-listing agreement, sales contract, and any final seller's document to facilitate settlement. During the time the parties reside together through the date that Wife moves, they shall share expenses incurred equally, including but not limited to, mortgage, taxes, insurance, and reasonable utilities. Wife moved from the real estate on or about May 21, 2009. From the time Wife moves from the marital residence and forward until final settlement, Husband shall be responsible for all mortgages and liens of record, real estate taxes and a insurance and all household utilities. At the time the real estate is sold the parties shall make payment for mortgages and liens of record and all necessary closing costs. The remaining proceeds after settlement and mortgage payoff will be divided equally between the parties. (4) DEBT: A. MARITAL DEBT: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement, except the following date of separation debts: i. Members 1St Visa - $503 (Wife) ii. Fashion Bug - $500 (Wife) iii. Capital One - $2,547 (Wife) iv. Union Plus Credit Card - $8,926 (Wife) v. Kohl's - $1,000 (Wife) vi. Sears - $2,210 (Wife) vii. The Children's Place - $700 (Wife) viii. Members 1St Visa - $1,000 (Husband) ix. Cabela's Visa - $300 (Husband) x. Kohl's - $100 (Husband) xi. Sears - $700 (Husband) xii. Lowes - $600 (Husband) 1: Wife shall pay the obligations listed in subparagraph i through vii that are in her name by making timely monthly payments in at least the minimum amount required by the creditors until paid in full. 2: Husband shall pay the obligations listed in subparagraph viii through xii that are in his name by making timely monthly payments in at least the minimum amount required by the 3 creditors until paid in full. Each party shall pay the outstanding debts as set forth herein and further agrees to indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on May 21, 2009, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Husband shall retain the truck titled in his name individually which currently has a loan balance of approximately $20,255. Husband shall make said monthly loan payments until paid in full and shall hold Wife harmless and indemnify her from any claim or loss thereon. Husband also shall retain the trailer. Wife shall retain the GMC Van, which is paid in full and titled in her name individually, and hold Husband harmless and indemnify him from any claim or loss thereon. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and 4 other household persona{ property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. 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 possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. Specifically, Wife owns or has an interest with a retirement and/or pension benefit through her employment with the Clairemont Nursing Home. Husband waives any right, title or interest he may have in any of this benefit. (8) CUSTODY OF CHILDREN: The parties agree that legal custody of their minor children, Raegen O. Ebaugh, born June 13, 2002, and Briar A. Ebaugh, born March 4, 2005, shall be joint, with both parties having the right to make major parenting decisions affecting the children's health, education and welfare. Wife sha11 have primary physical custody of the children subject to Husband's partial physical custody at times as the parties may agree. The parties shall share the holidays and provide each other with reasonable periods of vacation time with the children, with specific times to be agreed upon by the parties as necessary from time to time. (9) LIFE INSURANCE: Wife owns or has an interest in a Voluntary Spouse life insurance policy through her employment with the County of Cumberland with Lincoln Financial Group, in the amount of $50,000. This policy has a Conversion option and a Portability option. 5 en , ign waive her interest in this poii~ca-tgat-Hesb_a~~} n~frthts~~olicy. ki~t~d-sip$II-tie-respet~i~b+e--fa~~H~-p~ en s, su ferments to the insurance era rance pslicy ^-~~ ~ ocumen 1-I-~«[~~ ~c~ w~ ~ ue S 6'i ~ 5~~n (~ The parties agree that the each party shall have sole ownership and possession of any life insurance policy owned by the other, through his or her employment or privately. Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of the respective policies free of any right or claim by the other. Each party shall sign any documents necessary to waive, relinquish or transfer any rights in such policy to the party who presently owns such policy. (10) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to support his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony pendente Iite. (11) MEDICAL INSURANCE: From the date of separation forward, previously identified as May 21, 2009, Husband and Wife shall each be responsible for the cost of any unreimbursed medical expenses for themselves for all medical, dental, eye, and/or any other health related costs, to include and not be limited to psychological and counseling expenses. Wife shall be responsible the orthodontic bill incurred, in the approximate amount of $3000.00, for herself, and shall hold Husband harmless and indemnify him from any claim whatsoever related to this expense. Wife shall maintain coverage for Husband's health insurance and shall maintain that coverage until the time a final decree in divorce is entered. Upon entry of the decree in divorce, 6 Husband shall elect his own health, medical and dental insurance, either under the applicable provisions of COBRA, with Wife's group health insurance or any other plan he so chooses. (12) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Wife is represented by Marylou Matas, Esquire and Husband has been advised that he may be represented by counsel of his choice. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. (13) LEGAL FEES: Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. Wife has incurred additional costs and expenses and the distribution of the estate considers that Wife had this additional expense. (14) 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 reasonably required to give full force and effect to the provisions of this Agreement. (15) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. For so long as Wife maintains primary custody of the children and for so long as they are able to be claimed as dependents she shall claim the children as dependents on her tax return. (16) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (17) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (18) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (19) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is s further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (20) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased 9 spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; f. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (21) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (22) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (23) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shalt have the right, at his or her election; to sue for damages for such breach or to seek io such other and additional remedies as may be available to him or her. (24) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (25) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNE> : ~,~ ~ g zs o ate AN S. EBAUGH 0.a A H NA L. EBA H 1i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS. On this ,~ s day of ~~ ~~C..~-~~609, before me, the undersigned, personally appeared RYAN S. EBA GH, whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal Notary Public NOTARIAL SEAL BARBARA E. STEEL, Notary Public Carlisle Boro, Cumberland County, PA My Commissioa Ex Tres June 7, 2011 COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF CUMBERLAND On this ~~ day of ~~ ~. /)L~.~ , 2009, before me, the undersigned, personally appeared ATHENA L. EBAUGH, whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal ~..._ Notary Public BARBARA E. STEEI, No Carlisle Boro, Cumberlaad ~ Poblic A1y Commissioa Ex ices June y~ajj 12 ~:^ T' r ~ ; I}~:i~'t r ;,,, r...-... ._ _. -,i ...~ ,