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HomeMy WebLinkAbout04-2613 " TERI DUANE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No, 01..{ - J(()((J C< vI t : CIVIL ACTION - AT LAW IN DIVORCE vs, ROBIN DUANE, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Harrisburg, Pennsylvariia, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 LmERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (800) 990-9108 " , !i TERI DUANE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. D 'i ~ :J..(,-13 ROBIN DUANE, Defendant : CIVIL ACTION. AT LAW IN DIVORCE COMPLAINT FOR DNORCE AND CUSTODY AND NOW, comes the above captioned Plaintiff, Teri Duane, through her attorneys, The Law Offices of Patrick F. Lauer, Jr., L.L.C., and makes the following averments: I. Plaintiff is Teri Duane, an adult individual, who currently resides at 32 Flower Road, Carlisle, Cumberland County, and State of Pennsylvania. 2. Defendant is Robin Duane, an adult individual, who currently resides at 10330 Gateway North Apt 10-D, EI Paso, and State ofT exas. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. ~OUNT I-COMPLAINT FOR nNORCE The Plaintiff, through her attorney's, seeks to obtain a Decree in Divorce from the above named Defendant, Robin Duane, upon the grounds hereinafter set forth: 4. Paragraphs one (1) through three (3) are incorporated herein through reference. 5. The Plaintiff and Defendant were married on July 20, 1984. 6. The Plaintiff and Defendant are both Citizens of the United States of America. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. The 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. II 9. The Plaintiff avers that the marriage is irretrievably broken. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter a Decree in Divorce, COUNT II - COMPLAINT FOR CUSTODY The Plaintiff, through her attorney's, seeks to obtain custody of her minor child and makes the following averments in support thereof: 10. Paragraphs one (1) through nine (9) are incorporated herein through reference. 11. Plaintiff is "Mother," an adult individual, who currently resides at 32 Flower Road, Carlisle, Cumberland County, and State of Pennsylvania, 12. Defendant is "Father," an adult individual, who currently resides at 10330 Gateway North Apt 1O-D, EI Paso, and State of Texas. 13. Plaintiff seeks custody of the following minor child: Name: Address: Age: Zachary Duane 32 Flower Road Carlisle, P A 17013 16 14, The child was not born out of wedlock. 15, The child is presently in the custody of Mother, whose address is 32 Flower Road, Carlisle, Pennsylvania, 17013. 16. During the past five years, the child has resided with the following persons at the following address: Persons: Address: Dates Teri Duane 32 Flower Road Carlisle, P A 17013 December 7, 2003- Present Teri Duane Robin Duane 32 Flower Road Carlisle, P A 17013 June 1, 1999- December 7, 2003 II 17, The Mother of the child is Teri Duane, who currently resides at 32 Flower Road, Carlisle, Cumberland County, and State of Pennsylvania. She is Married. 18. The Father of the child is Robin Duane, who currently resides at 10330 Gateway North Apt 10-D, EI Paso, and State of Texas. He is Married. 19, The relationship of Plaintiff to the child is that of Mother. Plaintiff currently resides with the following people: Names: Relationship: Zachary Duane Bronson Duane Son Son 20. The relationship of Defendant to the child is that of Father. Defendant currently lives alone, 21, Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court, 22. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 23. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child 24, The best interests and permanent welfare of the child will be served by granting the relief requested because Plaintiff is in a better position to take care of the child as both mother and appointed nurse, and has been doing so since the child has been born. Defendant has no compatible skills or training to take care of child. II 25. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order granting her custody of the child. Date:OC/o~-r r;(b !/n D, Caraciolo, Esquire ~1~ket Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID#90919 Tel.(7I7)763-1800 II TERI DUANE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs, : No. ROBIN DUANE, Defendant : CIVIL ACTION - AT LAW IN DIVORCE VERIFICATION I verifY that the statements made in this Complaint for Divorce and Custody are true and correct. I understand that false statements herein aT" made subject to the penalties of 18 Pa. C.S, 9 4904, relating to unsworn falsification to authorities. F\ ../ I'v l. Date: V,}-Uf ilL" ;AiF\. & t (l Signature~... J /J[ ~1 1'~ Teri Duane r " ....-------------------. tfIJl 0 II TERI DUANE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs, : No, ROBIN DUANE, Defendant : CIVIL ACTION - AT LAW IN DNORCE CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Complaint for Divorce and Custody upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing a copy of the same, certified mail, return receipt requested, to the person named as follows: Robin Duane 10330 Gateway North Apt lO-D EI Paso, Texas, 79924 Date:oyC/ 10'-1 Respectfully submitted, /ltJt Jo'l~caraciolo, Esquire 2~~~et Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717) 763.1800 ,;>,\ () >0 \ --- ~., .~ ---- 1'" '::~ ......:-1 ---D ::, r) C:J ~, J. c, --- ') , J', ~ - ~ 0- .."" 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"- ~ TERI DUANE, Plaintiff IN THE COURT OF COMMON CUMBERLAND COUNTY, PENN vs. No. 04-2613 EAS OF LVANIA CIVIL ACTION - AT LAW IN DIVORCE ROBIN DUANE, Defendant SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this J,Of't day of ~. by and between TERI DUANE of Newville, Cumberlan 2004, County, Pennsylvania, hereinafter referred to as Wife; and ROBI DUANE of Fayetteville, State of North Carolina, hereinafter refe red to as Husband, WITNESSETH THAT: WHEREAS, Husband and Wife were married on July 20, 1 84; and WHEREAS, Wife is a bona fide resident of the Commo wealth of Pennsylvania and has been so for at least the past six mo ths; and WHEREAS, certain differences have arisen between t e parties hereto and, as a consequence, they have ceased living s Husband and Wife since December 7, 2003; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, make an equitable distribution of their marital property, and determine th ir rights considered under the Divorce Code; and to alimony, spousal support, and all other matters whi h may be 1 \ .. .. 1 , . WHEREAS, it is the intention and purpose of this Ag eement to set forth the respective rights and duties of the par ies while they continue to live apart from each other and to ettle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entere into an agreement for the division of their jointly owned a sets, the provisions for the liabilities they owe, and provisio s for the resolution of their mutual differences, after both hav had full and ample opportunity to consult with attorneys of their espective choice, and the parties now wish to have that agreement educed to writing; and WHEREAS, in preparing this Agreement and ne otiations contemporaneously therewith, Wife was represented by Joseph D. Caraciolo, Esquire; and Husband, after being given oppo tunity to seek independent legal council, is unrepresented, with espect to the preparation and execution of this Agreement; and NOW THEREFORE, the parties, in consideration of he mutual promises set forth hereinafter, and for other good an valuable consideration, intending to be legally bound and to le ally bind their heirs, successors, assigns, and personal represent tives, do hereby covenant, promise, and agree as follows: ARTICLE I - SEPARATION 1.1 Separation. It shall be lawful for Husband a d Wife at 2 > . ., . all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as hey shall respectively deem fit, free from any control, rest aint, or interference, direct or indirect, by each other. Neit er party shall molest the other or compel or endeavor to compel th other to cohabit or dwell with him or her by any legal or other pr ceedings. The foregoing provisions shall not be taken to be an a ission on the part of either party of the lawfulness of the causes eading to them living separate and apart. 1.2 Effect of Reconciliation. This Agreement sha 1 not be deemed to have been waived or otherwise affect by a between the parties. The parties shall not be deeme to have reconciliation, cohabitation, or resumption of marital relations reconciled with the intention of vitiating or termina ing this Agreement unless they make such actions through a written instrument, executed, and acknowledged in the same manne as this Agreement. ARTICLE II - DIVORCE 2.1 Divorce Action. This Agreement is not pred cated on divorce. Notwithstanding the foregoing, it is, in fact, greed and acknowledged between the parties that Wife has filed divorce action against Husband, and that both parties agree, as a condition to this agreement, to execute the necessary divorce consents 3 l . . , / " , . required by Section 3301 (cl of the Divorce Code, incl ding the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly finalize said action. It is warranted, coven nted, and represented by Husband and Wife, each to the other, hat this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose 0 inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and al possible claims that this Agreement is, for any reason, il egal, or unenforceable in whole or in part. Husband and Wife do e ch hereby warrant, covenant and agree that, in any possible event, e and she are and shall forever be estopped from asserting any ill gality or unenforceability as to all or any part of this Agreement. 2.2 Final Resolution. It is further specifically nderstood and agreed that the provisions of this Agreement relat' g to the equitable distribution of property of the parties are a cepted by each party as a final settlement for all purposes w atsoever. Should either of the parties obtain a decree, judgment, 0 order of separation or divorce in any other state, country, or jur'sdiction, each of the parties to this Agreement hereby consents nd agrees that this Agreement and all its covenants shall not be a fected in any way by any such separation and divorce; and that noth'ng in any such decree, judgment, order or further modification 0 revision thereof shall alter, amend or vary any term of this greement, 4 , . , .I , . whether or not either or both of the parties should r arry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, j dgment or order of divorce or separation. 2.3 Incorporation of Aareement into Decree. It is specifically agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties heret Such incorporation, however, shall not be regarded as a merger it being the intent of the parties to permit this Agreement to s rvive any such judgment or decree. ARTICLE III - E UITABLE DISTRIBUTION F MARITAL PRO RTY 3.1 Criteria of Distribution. The parties have at empted to divide their marital property in a manner which confor s to the cri teria set forth in Section 3502 of the Pennsyl vani Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior ma riages of the parties; the age, health, station, amount and s urces of income, vocational skills, employability; estate, liabil ties, and needs for each of the parties; the contribution of one pa ty to the education, training or increased earning power to the ot er party; the opportunity of each party for future acquisition f capital assets and income; the sources of income of both parties, including 5 . . but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each par y in the acquisition, preservation, depreciation, or appreciation f marital property, including the contribution of a party as a home aker; the value of the property set apart to each party; the s andard of living of the parties established during their marriage' and the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the divisi of the property is to become effective. 3.2 Satisfaction of Ri hts of E itable Distribut'on. The division of existing marital property is not intend by the parties to constitute in any way a sale or exchange of a sets. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of p rties. 3.3 Relinauishment of Claims. Husband agrees to elinquish all claims to any assets that may be acquired by wife pr or to the finalized divorce decree, and Wife agrees to relinquish 11 claims to any assets that may be acquired by Husband pri r to the finalized divorce decree, except as may be otherwise set forth herein. 3.4 Marital Residence. Wife agrees to transfer 0 Husband all of her interest in the marital residence at 442 Shel y street, Clarksville, state of Tennessee. Husband shall have sole and exclusi ve possession thereof, and Wife shall if necess ry at any 6 , , -, \ time make, execute, and deliver any and all documents in the usual form conveying, transferring, and granting to Husban all her right, title, and interest in and to the marital residenc 3.5 Personalty. The parties have agreed between hemselves to a division of all household furnishings and persona property that would be considered "marital property" under the Pe nsylvania Divorce Code, including any pensions or retirement saving accounts or plans. Husband acknowledges that wife's filing status for the 2004 federal and state income taxes, to be completed in 005, and thereafter, will include the parties' son, Zachary Du ne, as a dependant. Husband further agrees to relinquish all claims to ny assets that may be acquired by Wife prior to the finalized divor e decree. 3.6 Property to Wife. Wife agrees to take sole and exclusive possession and, ownership, of the 1994 Dodge Ram Van, regularly driven by wife, and acknowledges title, owne ship, and possession of the vehicle, free from any claim of title, wnership, or possession, by Husband. Wife agrees to relinquish all claims to any assets t at may be acquired by Husband prior to the finalized divorce decree 3.7 Certain Pavrnents to Wife. Husband hereby sp cifically acknowledges wife's waiver of her rights to the marital esidence, and, in consideration of such waiver, herby agrees to make the 7 . . . -" , following payments to Wife: A. Husband will make any and all vehicle insuranc payments of Wife until the parties' child, Zachary W. Duane, dies. B. Husband will make any and all automobile insurance payments for the parties' child, Bronson Duane, unti attaining the age of twenty-one (21). c. Husband will pay any medical and dental b'lls, not covered by any other insurance of the parties, for Zacha y Duane, and Bronson Duane until the later of Zachary's Duane's eath, or Bronson Duane attaining the age of twenty-one (21). 3.7 Retirement. Each party specifically acknowle ges that Husband has acquired a retirement account through the mili ary, and such account is considered marital property. The parties esire to distribute the proceeds of such account in accordance wi h proper mili tary procedures. As such, Wife will receive fift percent (50%) of Husband's military Retirement, payable in monthly increments, when Husband retires from the military. further agrees to execute immediately upon demand any doc may be required by the retirement plan administrator retirement coordinator of Husband's retirement any documentation required to evidence and/or effectu Bronson other all this agreement. ARTICLE IV - DEBTS OF THE PARTIES During the course of the marriage, Hu band and 4 . 1 Debts. 8 . . Wife have incurred certain bills and obligations and have amassed a i variety of debts. It is hereby agreed, without the nee essi ty of ascertaining for what purpose and to whose use each of the bills were incurred, that, except as otherwise provided her in, both parties are equally responsible for all such bills, ob igations, and debts. Husband and Wife each agree to hold the othe free and harmless from any and all liability that may arise from any outstanding bills, obligations, and debts incurred after the date of separation, and further agree to indemnify and defend the other from any claim regarding same. Both parties agree tha, in the future, neither shall cause or permit to be charged to er against the other any purchase which either of them may hereafteJ make and shall not hereafter create any engagements, debts, or OJ ligations in the name of or against each other. 4.2 Morta-aa-e for residence located at 442 Shel)-, Street Clarksville. Tennessee. Husband agrees to acce t sole responsibili ty for any and all mortgages encumbering thE property located at 442 Shelby Street, Clarksville, Tennessee, an to hold Wife free and harmless from any and all liability which nay arise from said mortgage, and to indemnify Wife from any acticll related to the marital residence. 4.3 Specific Outstandina Debts of Husband. Husba d agrees to accept sole responsibility for, and to hold Wife free and harmless from any and all liability which may arise from any 9 . 1', . account or debt that is solely in Husband's name. 4.4 Specific Outstandina Debts of Wife. Wife accept sole responsibility for, and to hold Husband harmless from any and all liability that may arise from a or debt that is solely in Wife's name. ARTICLE V - ALIMONY SPOUSAL SUPPORT AND CHILD SUP RT 5.1 Child SuPPOrt. With consideration given to the recommended guideline amounts, the parties hereby agre upon a reasonable child support amount of One-Thousand Dollars ($1000.00) payable monthly from Husband to Wife for the suppor of the parties' minor children. Such amount will be payable ntil the minor child, Zachary W. Duane, dies. 5.2 Alimonv. Pursuant to this Agreement of the parties, Husband hereby aCknOWledges and agrees to pay to wife the ount of One-Thousand Dollars ($1000.00) per month as alimony payme ts after the parties' child, Zachary W. Duane dies. Such payme ts shall continue until the earlier of Wife obtaining full time em loyment, or six months after the parties' child, Zachary W. Duane, ies. ARTICLE VI - MISCELLANEOUS PROVISIONS 6.1 Attornevs Fees upon Breach. Each of the parti s agrees that should either of them be in breach of contract an fail to comply with the terms of the Agreement herein the breach ng party shall be responsible for all court costs and attor ey fees reasonably necessary to enforce the Agreement. grees free to and 10 . . 6.2 Advice of Counsel. The parties acknowledge hat they have been given full and fair opportunity to consult leg I counsel regarding the legal effect of this agreement. They ackno ledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and vo untarily, after having received such advice and with such knowl dge that execution of this Agreement is not the result of any uress or undue influence and that is not the result of any col usion or improper or illegal agreement or agreements. 6.3 Counsel Fees. Husband and Wife agree for their respective attorney fees. For purposes of contract interpretation and for the purpose of resolving any iguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. 6.4 Mutual Release. Husband and Wife each d hereby mutually remise, release, quitclaim and forever discharge he other and the estate of such other, for all times to come an for all purposes whatsoever, of and from any and all right title, interest, or claims in or against the property (includi g income and gain from property hereafter accruing) of the other, 0 against the estate of such other, of whatever nature and wh resoever 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, engage ents, or 11 + . + - . liabilities of such other as by way of dower, curtesy, or claims in the nature of dower, curtesy, widow's or widower's righ s, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the righ to treat a lifetime conveyance by the other as testamentary, or any other rights of a surviving spouse to participate in a decease spouse's estate, whether arising under the laws of (a) Pennsylvani , (b) any state, commonwealth, or territory of the United states, r (c) any country. The parties further release any claim to all ri hts which either party may have or at any time hereafter have or past, present, or future spousal support or maintenance, alimon , alimony pendente lite, counsel fees, costs or expenses, whether rising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of hatsoever nature arising or which may arise under this Agreement r for the breach of any thereof. It is the intention of Husband a d Wife to give each other by execution of this Agreement a full, co plete and general release with respect to any and all property of a y kind of nature, real or personal, not mixed, which the other n owns or may hereafter acquire, except and only except, all r' ghts and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of an thereof. Both parties acknowledge that they have been advised tha each may have the right to assert a claim for spousal support, alimony, 12 . . ~ . . alimony pendente lite, attorneys fees, costs and/or Except as otherwise provided herein, each party hereby right to such economic claims ancillary to the divorce a the provisions of this Agreement relating to these cl final settlement for all purposes, as contemplated expenses. i ves any accepts by the Pennsylvania Divorce Code. 6.5 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or lia ility or obligations for which the estate of the other part may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold harmless from and against any and all such debts, ities or obligations of each of them, including those for ne ssities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenants, represent and agree hat each will, now at all times hereafter, save harmless and keep he other indemnified from all debts, charges, and liabilities in urred by the other after the execution date of this Agreement, exc pt as is otherwise specifically provided for by the terms of this greement and that neither of them hereafter incur any liability w atsoever for which the estate of the other may be liable. 6.6 Modification. No waiver or modification of a y of the terms of this Agreement shall be valid unless in writing a d signed by both parties, and no waiver of any enforcement claims f r breach 13 . or default shall be deemed a waiver of any subsequent the same or similar nature. faul t of 6.7 Document Execution. The parties agree that hey will promptly execute any and all written instruments, as releases, satisfactions, deeds, notes, or such other may be necessary or desirable for the proper implementati Agreement, and as their respective counsel shall should be so executed in order to carry out fully the terms of this Agreement. 6.8 Governina Law. This Agreement shall be con trued in accordance with the laws of the Commonwealth of Pennsylva ia which are in effect as of the execution date of this Agreement. 6.9 Bindina. This Agreement shall be binding d shall inure to the benefit of the parties hereto and their r spective tings as of this ly agree heirs, executors, administrators, successors, and assigns. 6.10 Entire Aareement. This Agreement constitutes t e entire understanding of the parties and supersedes any and 11 prior agreements and negotiations between them. There are no representations or warranties other than those expressly et forth herein. 6.11 Severabi1itv. If any term, condition, clause, section, or provision of this Agreement shall be determined or de lared to be void or invalid in law or otherwise, then only t t term, condition, clause, or provision shall be stricken f om this 14 . . . ., . Agreement, and in all other respects, this Agreement shal be valid and continue in full force, effect and operation. Like ise, the failure of any party to meet his or her obligation under ny one or more of the articles and sections shall in no way void or alter the remaining obligations of the parties. The parties expressly represent that the headings of each paragraph are s lely for purposes of convenience and are not to be construed as con rolling. 6.12 Eauitable Division. It is specifically under tood and agreed that this Agreement constitutes an equitable distri ution of property, both real and personal, which was leg lly and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Cod of the Commonwealth of Pennsylvania. 6.13 Disclosure. The parties warrant and represent hat they have made a full disclosure of all assets prior to the exe ution of this Agreement and that this agreement was entered into in reliance upon that disclosure. 6.14 Effective Date. The effective date of this greement shall be the date upon which it is executed. This Agreem nt shall be deemed to have been executed on the date the last part signing it shall have signed. 6.15 Enforceabili tv and Consideration. This Agreem nt shall survive any action for divorce and decree of divorce d shall forever be binding and conclusive on the parties, and any 15 . . . . . , . independent action may be brought, either at law or in it shall have been fully satisfied and enforce the terms of the Agreement by either Husband or consideration for this contract and agreement is t ity, to until The mutual benefi ts to be obtained by both of the parties heret the covenants and agreements of each of the parties to the ot er. The adequacy of the consideration for all agreements herein ontained and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the eve t either party breached the aforesaid Agreement and it is determine through appropriate legal action that the alleged party has so bre ched the Agreement, the breaching party shall be responsible for an and all attorney's fees as well as costs and expenses associ ted with litigation incurred by the non-breaching party to enf rce this Agreement against the breaching party. 16 . ., r . IN WITNESS WHEREOF, the parties hereto have set their ands and seal the day and year first written above. WITNESSED BY: ~l~ ~(JQ ~~ A/rid. ~ f~IIw-S 17 . . . . .. I . COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the~ day Of . ^ ,^" i" c , ,U"-,, ., ,vIi.v '---/ , 2004, before me, the undersigned officer, personally appeared Teri Duane, kno satisfactorily proven to be the person whose name to me or to in the foregoing Marital Settlement Agreement, nowledged that she executed the same for the purposes therein contai ed. IN WITNESS WHEREOF, I hereunto set my hand and offici 1 seal. . My n Expires. r.' ,.I" "g- 'J-Nj ~<"-' NOOlrial Seal Betty S. Kistler, Notary Public Carlls1t Boro, Cumberland County My Commi..ion Bxpire. May 14. 200S M_',l"IlM/lyhIilnla AUocietion ofNotar1ea 18 . f. .. . .. c -J STATE OF NORTH CAROLINA COUNTY OFC'wl"""be.~Le.~ On this, the~ day of ~r.~~, 2004, before me, the I' . i undersigned officer, personally appeared Robin Duane, kn wn to me SS or satisfactorily proven to be the person whose name is ubscribed that he executed the same for the purposes therein contai to in the foregoing Marital Settlement Agreement, and ac nowledged IN WITNESS WHEREOF, I hereunto set my hand and offic'al seal. ~ V.'SVIK't' Expires:~ter~:~ 19 # . (J ..., 0 ,~~. ) r: ~i2 .~n " C" .... f';l :r: "'Tl ,--) ,1'1 \~~';~ (',) \..(J ~, r.: f:,"S >r1 .' C"! , -, U) ..............,.~- -'"-'~~'~~--~i ! I, TERI DUANE, Plaintiff vs. ROBIN DUANE, Defendant : IN THE COURT OF COMMON PLEAS F : CUMBERLAND COUNTY, PENNSYLV NIA : NO.: 04-2613 : CIVIL ACTION - LAW : IN DIVORCE AFFTnA VTT OF SF.RVTCF. TO THE PROTHONOTARY: I, Joseph D. Caraciolo, Esquire, verify that the Complaint in Divorce has been served upon the Defendant indicated above by first class, restricted delivery, certified ail # 7000-1670-0005-2769-4309, postage prepaid, return receipt requested, pursuant to e requirements ofPa. R.C.P. 1930.4. 'Q; SENDER: 'C ;;; ~ ~ ~ > ~ ~ :; I also wish to receive the folio ing services (for an extra fee): o Complete items 1 and/or 2 for additional services. Complete Items 3, 4a, and 4b. o Print your name and address on the reverse of this form so that we can return this card 10 you. o Attach this form to the front of the mailpiece, or on the back if space does not permit. o Write "Return Receipt. Requested' on the mailpiece below the article number o Th~ Return Receipt Will show to whom the article was delivered and the date delivered. 3. Article Ad(~ressed to: '; o >- .!!! G-11J..... . Sig fure (Addressee or Agent) ROBiN L. U Ie PS Form 3811 , December 1994 Date: I )-1). 7/ u 1 1. 0 Addressee's Address 2. Jf Restricted Delivery 7. Date of Delivery 8. Addressee's Addre fee is paid) 102595-99-6.0223 Oom ecei t ~'~~b~,~ Jo eph D. Caracio 0, Esquire t~w Offices of Patrick F. Lauer, Jr., L C 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID#90919 Tel.(717)763-1800 ~ u -;; ~ c. '~ u ~ a: E ~ 1;; a: '" c '~ ~ 2 ~ o >- .. c ~ '" I- ~ = ..,. ~ N >..D o ~:, ""OltJ n'i! ~,."y t=?(~--. ~'.:_~.. ""1;r zc5 7C: :z -'j -- -0 Q .. ~ ...--\ r~~- -.o\!? ~"~~ ,> <0 .~ o U> Plaintiff, : IN THE COURT OF COMMON LEAS OF : CUMBERLAND COUNTY, PE SYL VANIA TERI DUANE, vs. : No. 04-2613 CIVIL TERM ROBIN DUANE, Defendant, : CIVIL ACTION - AT LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE COD 1. A complaint in divorce under Section 3301(c) of the Divorce Code was ed on June 10, 2004. 2, The marriage of the Plaintiff and the Defendant is irretrievably broken have elapsed from the date of filing and service of the Complaint. ninety days 3, I consent to the entry of a final decree of divorce after service of noti of intention to request entry of the decree, 4. I verify that the statements made in this affidavit are true and correct, understand that false statements herein are made subject to the penalties of 18 Pa. C.S, ~ 4904 re to unsworn falsification to authorities. DATE:lI-!JJ-D4 Signature: " . !i-, ) . Will Plaintiff, : IN TIlE COURT OF COMMON LEAS OF : CUMBERLAND COUNTY, PE SYL VANIA TERl DUANE, vs. : No, 04-2613 CIVIL TERM ROBIN DUANE, Defendant, : CIVIL ACTION - AT LAW : IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTIO TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE COD 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 prope , 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 y the Court and that a copy of the decree will be sent to me immediately after it is filed with the proth 4, I verify that the statements made in this affidavit are true and correct. fulse statements herein are made subject to the penalties of 18 Pa, C,S. ~ 4904 re to unsworn falsification to authorities, DATE: ! 1-30.04 Plaintiff, : IN THE COURT OF COMMON LEAS OF : CUMBERLAND COUNTY, PE SYLVANIA TERI DUANE, v, : No, 04-2613 CIVIL TERM ROBIN DUANE, Defendant, : CIVIL ACTION - AT LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE COD 2004. 1. A complaint in divorce under Section 3301(c) of the Divorce Code was cd on June 10, 2, The marriage of the Plaintiff and the Defendant is irretrievably broken have elapsed from the date of the filing and service of the Complaint, ninety days 3. I consent to the entry of a final decree of divorce after service of noti of intention to request entry of the decree, 4, I verifY that the statements made in this affidavit are true and correct, I understand that fulse statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 re fulsification to authorities, DATE: J bEe D'I Signature: to unsworn TERI DUANE, Plaintiff, : IN THE COURT OF COMMON LEAS OF : CUMBERLAND COUNTY, PE SYLVANIA v, : No. 04-2613 ROBIN DUANE, Defendant, : CIVILACTION-ATLAW : IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTI N TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE COD 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 prope , 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 y the Court and that a copy of the decree will be sent to me innnediately after it is filed with the protho otary, 4, I verifY that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa, C,S, ~ 4904 reI' to unsworn falsification to authorities. DATE: ~ 1>FCOY Signature: , TERI DUANE, Plaintiff : IN THE COURT OF COMMON PLEAS F : CUMBERLAND COUNTY, PENNSYL V NIA vs. : NO.: 04-2613 ROBIN DUANE, Defendant : CIVIL ACTION - LAW : IN DIVORCE PR A F,C'TPF. TO TR A NSMTT RF.C'ORn To the Prothonotary: Transmit the record, together with the following information, to the Court for ntry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under 9 3301(c) 9 JJ01(J)(l) fthe Divorce Code. (Strike out inapplicable section) 2. Date and Manner of service of the Complaint: Service by certified mail #7000-1670-0005-2769-4309, delivered on June 18,2004. See attached Affidavit of Service. 3. (Complete either paragraph (a) or (b)) (a) Date of execution of the affidavit of consent required by 9 330 (c) of the Divorce Code: by the Plaintiff Novemher ,0 7004 by the Defendant f)ecemher? 7004 (b) Date of execution of the affidavit required by 9 3301(d) of the Divorce Code: Date of filing of the Plaintiffs affidavit upon the respondent: Date of service of the Plaintiffs affidavit upon the respondent: _' 4. Related claims pending: Date:' I :J.- /} 7/(; 1 (, 5. (Complete either paragraph (a) or (b)) (a) Date and manner of service of the Notice of Intention 0 File Praecipe to Transmit Record, a copy of which is attached, (b) Date Plaintiffs Waiver of Notice in 9 3301(c) Divorce was fil d with the prothonotary: necemher 9 7004 Date Defendant's Waiver of Notice in 9 3301(c) Divorce s filed with the prothonotary: n..,cemher Q. ?O~4, ~ R";t~m'V!r- J~Jph D. Cara 010, Esquire uk Offices of Patrick F. Lauer, Jr., L C 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 1D#90919 Tel. (717) 763-1800 -..}~\ 1~??, 2./L. r:;, ,'__ ~I~~ (] '---; r--> c:.? CC> ;- % e""> N ..0 :::, -'" ""'"' :::;-:: ~~ .-\ -.'C -1\ rnc -t.1~ ~,n""',) 'C)() ,-~,\ .....,., ~j;' -1-'\ t__.~6 ~{~~I ~ <~::2 ~ o ..0 . . . PROTHON TARY . . . . ~~ ~~~ ~ ~~ ~~~ +++++++ ~ ~ . <f:+++++if.:f. . . . Of. ++++ :Ii +++++++ '+' +++ '+' +++++++++ ++++++ ++++~++ +++++ ++++++ ++ IN THE COURT OF COMMON PLEAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OF CUMBERLAND COUNTY TERI DUANE, PENNA. STATE OF Plaintiff NO. 04-2613 VERSUS ROBIN DUANE, Defendant DECREE IN DIVORCE -.>267 ,C;- , ?D8$: IT IS ORDERED AND AND NOW, Teri Duane DECREED THAT , PLAINTIFF, Robin Duane AND , DEFENDAN , ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHIC BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HA YET BEEN ENTERED; The attached Separation and Property Settlement Agreemen December 20, 2004, is incorporated, without merger, herein. ++++++++++ +'f.+ '" + ,.; HAVE NOT dated J. ;':;I;:+; "'", . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -~ ~ t/7ftV ~u: ~Y/~l/ ~ ~ Z~~~,?~.np 5(7.(7/,/ , . , .