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HomeMy WebLinkAbout10-4081. • STEVEN P. IBANEZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 16 - '5/681 010-'L'-Tiz"J EMILY E. IBANEZ, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 4t" Floor, One Courthouse Square Carlisle, PA 17013 (717) 240-6200 cr- ?T 04? cry sa- C 1 c L' CL 1-N -1 - oaf/ 3 9oa ., C"i Z) Q STEVEN P. IBANEZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. EMILY E. IBANEZ, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. Plaintiff is Steven P. Ibanez, an adult individual who resides at 2200 Parkside Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Emily E. Ibanez, an adult individual who resides at 2200 Parkside Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. The plaintiff and defendant were married on August 19, 2000 at Spring, Texas. 5. There have been no prior actions for divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that plaintiff has the right to request that the court require that the parties participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce Timothy . O'Connell, Esquire TURNER AND O'CONNELL 4701 North Front Street Harrisburg, PA 17110 (717) 232-4551 Attorney for plaintiff Verification I verify that the statements made in the foregoing Complaint are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Date: ??? °? Steven P. Ibanez COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN P. IBANEZ Plaintiff v. EMILY E. IBANEZ Defendan# TO THE PROTHONOTARY: NO. 10-4081 Civil Term CIVIL ACTION -DIVORCE PRAECIPE Please withdraw the appearance of Timothy J. O'Connell, Esquire and enter the appearance of Theresa Barrett Male, Esquire as counsel for Plaintiff in this proceeding. Date: October ~, 2010 i oth O' re ~_ Theresa Barrett Mafe, Esquire Date: October ~, 2010 c a ~ -'~' zrn ~r-- ~ -+ rnr=- ~p <~ ~. o~ ?o a ~c~ yc~ ~?? _°„ir*~ ,_„r ~ rv p ]> ~ STEVEN P. IBANEZ IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 10-4081 CIVIL TERM EMILY E. IBANEZ, :CIVIL ACTION -LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint under Section 3301(c) or (d) filed in the above captioned action. Date Complaint Received: June, 2010 Emily E Ibanez c ~ c~ -^ -p 3 a --~ ~'=1 s n ' c nr` ~ ~y ~ ~ ~rn ~ 17 <~ 3s 3 ~' 7 2p y= ~ ~ ~ o ~ -[ .~ STEVEN IBANEZ : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. a®lD -? j EMILY IBANEZ, : CIVIL ACTION - LAW Defendant : DIVORCE' ,rn fm TO PROTHONOTARY: vir- PO b C:) 35n = C WITHDRAWAL OF APPEARANCE zQ a 5:2 N> Kindly withdraw my appearance as attorney of record for Plaintiff, Steven Ibanar16Tso mark the docket. Dated: {'BEN sa Barrett Male, Esq ENTRY OF APPEARANCE Kindly enter my appearance as attorney of record for Plaintiff, Steven Ibanez, and so mark the docket. 1 V "2 61;z.- Dated: )At,( a g?-A- - F. King, Esq. ID#: 61919 4076 Market Street Camp Hill, PA 17011 (717) 695-2222 (717) 695-2207 Fax L • r STEVEN IBANEZ : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2010-4081 EMILY IBANEZ, : CIVIL ACTION - LAW Defendant : DIVORCE `'7 b' M. p CDi MOTION FOR APPOINTMENT OF MASTER rQ — f K —r Cr! (Plaintiff)(De€eridant),moves the court to appoint a master with respect to the following claims: (x) Divorce (x) Distribution of Property ( ) Annulment O Counsel Fees ( ) Support O Alimony Pendente Lite ( x)Alimony ( ) Costs and Expenses and in support of the motion states: (1) Discovery(is) (is not) complete as to the claims(s) for which the appointment of a master is requested. (Plaintiff propounded Request for Production of Documents (two requests)upon Defendant counsel on or about 4/3/13, which has not yet been answered by Defendant.) (2) The defendant(has) (has,4e4) appeared in the action (by attorney) (3) The Statutory ground(s) for divorce (is)(are): 3301(c) and(d) (4) Delete the inapplicable paragraph(s): a The eiaims: C. The action is contested with respect to the following claims: Equitable distribution, alimony, divorce (5) The action(ifrvelees)(does not involve) complex issues of law or fact. (6) The hearing is expected to take 69 (hours)(4wys). (7) Additional information, if any, relevant to the motion: Date: April_2013 hn F. King, Esq. 61919 4076 Market Street Camp Hill, PA 17011 OF THE r R0TH0N TAR`-( 813 MAY 16 PM 1: 56 CUMBERLAND COUNTY PENNSYLVANIA STEVEN IBANEZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2010-4.081 EMILY IBANEZ, CIVIL ACTION—LAW Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY: -Please withdraw the appearance of John F. King, Esquire, on behalf of Steven Ibanez, Plaintiff in the above-captioned action, and enter the appearance of Maria P. Cognetti, Esquire. Respectfully Submitted, COGNETTI & ASSOCIATES &_ kt F. King, Esquire Maria P. ogj tt , Esquire ttomey ID No.-61919 Attorney ID . 27914 4076 Market Street 3304 Market Street Camp Hill, PA 17011 Camp Hill, PA 17011 Telephone: (717) 695-2222 Telephone: (7 7) 9 -4060 DATE: DATE: S �� STEVEN IBANEZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2010-4081 EMILY IBANEZ, CIVIL ACTION—LAW Defendant IN DIVORCE C;. C AMENDED MOTION FOR APPOINTMENT OF MASTER , =- Plaintiff moves the court to appoint a Master with respect to the following Ai CD ® Divorce ® Distribution Annulment ❑ ❑ Counsel Fees CD Alimony r- ❑ y ❑ Costs and Expenses ❑ Alimony Pendente Lite ❑ Support and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant has appeared in the action by her attorney, Samuel Andes, Esquire. (3) The statutory ground(s) for divorce is: 3301(d). (4) Delete the inapplicable paragraph(s): (a) The aetion is not eonlested. (b) An Agreement ent has bee.-, reaehed with, eet to the f lle' „.,x. el ;ffis- (c) The action is contested with respect to the following claims: ALL CLAIMS (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one day. (7) Additional information, if any, relevant to the motion: This Motion amends the prior claims for which the Master was appointed. No claim for alimony has been pled by Defendant. Date: �- Maria P. Cogne i,Ysquire Attorney for PlAiRfiff b' STEVEN IBANEZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2010-4081 EMILY IBANEZ, CIVIL ACTION—LAW Defendant IN DIVORCE ORDER APPOINTING DIVORCE MASTER AND NOW, , 2013, E. Robert Elicker, Esquire is appointed as Divorce Master with respect to the following claims: Divorce and Equitable Distribution. BY THE COURT, J. STEVEN IBANEZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2010-4081 EMILY IBANEZ, CIVIL ACTION—LAW Defendant IN DIVORCE ORDER APPOINTING DIVORCE MASTER AND NOW, 2013,E. Robert Elicker, Esquire is appointed as Divorce Master with respect to the following claims: Divorce and Equitable Distribution. BY THE COURT, J. C-) MW P& L4 (D : Cn . h O l i 2[t14FE8 25 AM 10: 24 CUMBERLAND COUNTY PENNSYLVANIA STEVEN IBANEZ, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA ) vs. ) CIVIL ACTION - LAW ) ) NO. 2010-4081 CIVIL TERM EMILY IBANEZ, ) Defendant ) IN DIVORCE DEFENDANT'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: COUNT I - EQUITABLE DISTRIBUTION 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II - ALIMONY 2. Defendant lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Defendant is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. gJ. ® a � �drhAla p '" 36O ' 4. The Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Defendant and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to support and maintain Defendant in the station of life to which she has become accustomed during the marriage. COUNT III - ALIMONY PENDENTE LITE 5. Defendant is without sufficient income to support and maintain herself during the pendency of this action. 6. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her reasonable alimony pendente lite during the pendency of this action. COUNT IV - COUNSEL FEES AND EXPENSES 7. Defendant is without sufficient funds to retain counsel to represent her in this matter. 8. Without competent counsel, Defendant cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 9. Plaintiff enjoys a substantial income and is well able to bear the expense of Defendant's attorney and the expenses of this litigation. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal fees and expenses incurred by Defendant in the litigation of this action. Samuel L. Andes Attorney for Defendant Supreme Court ID 17225 • I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ,L-O- (9--0 14 - EMILYIBANEZ 1 STEVEN IBANEZ, Plaintiff vs. EMILY IBANEZ, Defendant 473 .60 P .14.4.1 at.4 ly6y 31/7/7 QCT-{ PH12:43 BERLAND COUNT ,; PENNS YL � NIA IN THE COURT OF COMMON ) PLEAS OF CUMBERLAND COUNTY, ) PENNSYLVANIA ) CIVIL ACTION - LAW ) NO. 2010-4081 CIVIL TERM ) IN DIVORCE NOTICE TO RESUME PRIOR SURNAME NOTICE IS HEREBY GIVEN THAT EMILY IBANEZ, Defendant in the above matter prior to the entry of a Final Decree in Divorce, hereby elects to resume the prior surname of EMILY ELIZABETH BREMER, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. Date: Q'2$t'Zo 14 EMILY B MER IBANEZ Signature f name being resumed EMILY ELIZABETH BREMER COMMONWEALTH OF PENNSYLVANIA ) ( COUNTY OF CUMBERLAND SS.: On the day of L\.Q,p _)'n IAtr , 2014, before me, the undersigned officer, personally appeared EMILY BREMER IBANEZ, known to me (or satisfactorily proven) to be the person whose name is signed to the within Notice to Resume Prior Surname and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 10J/J6L-4.6 cOmmotovaratirm or petaten.vAreA NOTARIAL. SEAL AMY M. HARKINS, Notary folic Lemoyne go gh, Cumberland Cou My Commission ires February 4. STEVEN IBANEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 10 - 4081 CIVIL EMILY IBANEZ, Defendant : IN DIVORCE ORDER OF COURT AND NOW, this day of 2014, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated September 16, 2014, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. cc: Maria P. Cognetti Attorney for Plaintiff / Samuel L. Andes Attorney for Defendant ODpi es was /ed /0/0/H BY THE COURT, 11, C=, . i i }''S W \4 M�{ i r /0- 4/D8I 3,fv1'l7erth -F1EED-0FFICE OF THE PROTHONOTARY 2014 OCT 13 PM 12.0 7 CUMBERLAND COUNTY PENNSYLVANIA 09.04.2014 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 4 day of 2014, is by and between: STEVEN P. IBANEZ of 3121 Dickinson Avenue in Cainp Hill, Pennsylvania, hereinafter referred to as "Husband"; and EMILY E. IBANEZ of 2200 Parkside Road in Camp Hill, Pennsylvania, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on 19 August 2000 and are the natural parents of two minor children: Amber Ibanez, born 2 February 2001 and Lily Ibanez, born 4 August 2005 (hereinafter referred to as "children"); and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Husband has initiated an action in divorce filed to No. 2012-4080 before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Samuel L. Andes, Esquire, and Husband by Maria P. Cognetti, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for their children and for their rights and responsibilities in and toward such children, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. Page 1 of 14 NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1. CUSTODY. Legal and physical custody of the parties' minor children have been addressed in action for custody filed by Husband to No. 2012-2977 and an order has been entered in that case regarding custody of the children. The parties agree that each of the matters regarding custody of their children will be resolved by them by private agreement or, if the parties cannot reach agreement, by subsequent actions and orders entered in that custody action. . 2. CHILD SUPPORT. Husband and Wife are parties to an action for support filed to No. 1142 S 2012 with the Court of Coininon Pleas of Cumberland County, Pennsylvania (PACSES # 827113670). An order entered in that case dated 4 January 2013, obligates Husband to pay $1,600.00 as child support for the parties' two daughters. The parties agree that Husband shall continue to pay $1,600.00 per month, through the Cumberland County Domestic Relations Office, for the support of the parties' two children. The parties further agree, however, that the order may be modified upon a significant change in the incomes or other financial circumstances of the parties in the future. The parties agree to cooperate with each other and to comply with future orders entered in that support case. 3. MARITAL RESIDENCE. The parties own a single family residence at 2200 Parkside Road in the Borough of Cainp Hill, Cumberland County, Pennsylvania, as tenants by the entireties. The property is currently encumbered by two mortgages given to USAA to secure two debts which have a total balance, as of 6 July 2014 of approximately $146,844.00. The parties agree to distribute and divide their interest in that property as follows: a. Wife will obtain the funds necessary to refinance or otherwise satisfy the mortgages which now encumber the property, to obtain Husband's Page 2 of 14 unconditional release from the debts secured by those mortgages. Wife shall have until 31 December 2014 to obtain Husband's release from those obligations. b. When Wife obtains Husband's release from the financial obligations secured by the two mortgages against the property, as provided in Sub Paragraph a above, Husband shall grant, convey, transfer, and assign to Wife, by Special Warranty Deed, all of his right, title and interest in the property. Husband represents that he has executed a Deed to convey the property to Wife and place that Deed with his attorney and authorize and direct her to release and deliver the Deed to the attorney or title company conducting settlement at or immediately prior to the time set for settlement on the transaction which will obtain Husband's release from the two mortgages against the property. c. From the date of this Agreement, Wife shall be responsible to pay and satisfy, in accordance with their terms, all of the debts which encumber the said property, including the installment payments due on the two USAA mortgages until they have been satisfied or Husband has otherwise been released from any liability on thein, together with all other expenses and obligations arising out of her occupancy and her ownership of the property. Further, Wife agrees that she shall indemnify and save Husband harmless from any loss, cost, or expense caused to him by her failure to pay such obligations as they become due. d. After delivery of the Deed to Wife in accordance with Sub Paragraph b hereof, Husband acknowledges that he shall have no further interest in or claim against the said property and confirms it to be the sole and separate property of Wife upon the delivery of Deed. e. In the event that Wife is not able to obtain Husband's unconditional release from the debts secured by the mortgage against the property within the time Page 3 of 14 set in this Agreement, the property will be listed for sale and, upon sale, the mortgage debt will be paid and the net proceeds of sale will be paid to Wife. The parties will cooperate with each other and with their respective attorneys and representatives to complete the division and distribution of the marital residence in accordance with this Paragraph as promptly as possible after the execution of this Agreement. 4. ASSETS TO BE TRANSFERRED TO OR RETAINED BY HUSBAND. The parties agree that Husband shall be the sole and separate owner of the following assets, whether those assets are now held in joint names or the naive of either of the parties individually: a. His account within the Advanced Internet Company 401 (k) Plan which has a value at this time of approximately $40,000.00. b. Husband's 2005 Toyota Tacoma vehicle or the proceeds of his disposition of it. c. All accounts at financial institutions and other assets obtained by Husband after the date of separation. The parties agree that they will make, execute, acknowledge and deliver, within thirty (30) days after the date of this agreement, all documents necessary to transfer such items to Husband's naive alone and for Wife to waive any further claim to or interest in such assets and Wife does hereby acknowledge those assets to be the sole and separate property of Husband from and after the date of this agreement. 5. ASSETS TO BE TRANSFERRED TO OR RETAINED BY WIFE. The parties agree that Wife shall be the sole and separate owner of the following assets, whether those assets are now held in joint naives or the name of either of the parties individually: a. Wife's Roth IRA with USAA which has a balance, as of July 2014, of approximately $1,622.00. Page 4 of 14 b. Wife's benefits within the Pennsylvania Public School Employees Retirement System which was created entirely after the date of the parties' final separation. c. The 2008 Rav 4 motor vehicle which Wife retained at the time of separation, or the proceeds of its disposition. d. Those items, which Wife has identified as her non-marital property, which are listed on Schedule A, attached hereto and made a part hereof. e. All accounts at financial institutions and other assets obtained by Wife after the date of separation. The parties agree that they will make, execute, acknowledge and deliver, within thirty (30) days after the date of this agreement, all documents necessary to transfer such items to Wife's name alone and for Husband to waive any further claim to or interest in such assets and Husband does hereby acknowledge those assets to be the sole and separate property of Wife from and after the date of this agreement. 6. ALIMONY. Husband shall pay alimony to Wife in the amount of $800.00 per month, for a period of sixty (60) months, commencing on the first day following the month in which this Agreement is executed by both parties. The teen and the amount of alimony shall be subject to modification only as set forth in this Paragraph. With regard to the alimony, the parties specifically agree as follows: a. The amount of alimony shall be subject to adjustment only if Husband loses his present employment through no fault of his own. The amount of alimony shall be reduced to 7.1% of Husband's gross income from all sources, including any disability income or unemployment compensation, provided that the alimony shall not be more than $800.00 per month. Otherwise, the amount of alimony shall not be subject to modification absent the mutual consent and agreement of the parties reduced to writing. Page 5 of 14 b. Husband shall pay alimony to Wife, unless extended by the provisions of Sub Paragraph a, until the earlier of the following events to occur: Husband's death, Wife's death, or Wife's remarriage. The alimony will not be terminable by Wife's cohabitation. Otherwise, the term of alimony shall be subject to modification only if the amount of alimony is reduced in accordance with Sub Paragraph a hereof. In the event of such a reduction, the term of the alimony shall be extended for that time required to pay to Wife any reduction in the alimony resulting from the provisions of Sub Paragraph a hereof. By way of example, if Husband loses his employment and, as a result, his alimony is reduced by $400.00 per month for a total of eight (8) months, and is restored thereafter at the rate of $800.00 per month, the term of alimony will be extended for four (4) months. Otherwise, the tern of alimony shall not be subject to modification absent the mutual consent and agreement of the parties. c. Payments made by Husband to Wife pursuant to this Paragraph shall be treated by both of thein as alimony for purposes of their federal income taxation. Wife shall report the payments as income and Husband shall be entitled to deduct thein from his income for tax purposes. d. Husband's payment of alimony shall be made directly to Wife by Husband and shall be due on or before the 1st of each month. In the event that Husband fails to make any of those payments within twenty (20) days of the date the payment is due, Wife shall be entitled to have an alimony order entered and administered by the Domestic Relations Office of Cumberland County to assure Husband's timely payment of the alimony. 7. TAX MATTERS. The parties acknowledge that they have filed joint tax returns during the marriage and each represents to the other that they have accurately reported all income and deductions used to prepare those returns. In the event that the parties are compelled Page 6 of 14 to pay additional tax, interest, or penalty as a result of any inaccuracy or defect in their prior joint tax returns, the party responsible for the inaccurate information resulting in such assessment shall be responsible to pay that tax and indemnify the other for any additional tax, interest, or penalty the other is compelled to pay. The parties agree that, as long as Husband is paying alimony to Wife pursuant to this Paragraph, and as long as he is otherwise entitled to under tax law, Husband shall have the right to claim the personal exemption of the parties daughter Amber and shall also be entitled to claim all other tax credits and benefits, including the child tax credit, the independent care credit, and the like for Amber and relating only to the credits available because of Amber. Wife shall be entitled to make claim of all such matters for their other daughter Lily. The parties. will cooperate with each other to execute and deliver all necessary documents to implement the provisions of this Paragraph. 8. PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal 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 tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. This Paragraph specifically includes all items of jewelry now in Wife's possession and all items of art work in either party's possession. 9. SPOUSAL SUPPORT. The parties acknowledge that, as a result of the support action entered in the action between the parties cited above, Husband is currently obligated to pay Wife the sum of $1,400.00 per month as spousal support. The parties agree that Husband's obligation to pay that spousal support shall terminate at the end of the month in which this Page 7 of 14 Agreement is signed by both parties so that the spousal support ends at the same time as the alimony obligation, as set out in Paragraph 6, commences. Wife or her attorney shall be responsible to notify the Domestic Relations Office of this change promptly after the execution of this Agreement and the parties will cooperate with each other and with the Domestic Relations Office to implement that change promptly. 10. WAIVER OF FURTHER CLAIMS FOR ALIMONY, SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 11. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each of thein have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraiseinent, and the right to have the court review the assets and claims of the parties and decide thein as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of Page 8 of 14 the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 12. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of thein, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and unposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 13. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto inay dispose of his or her property in any way, and each party hereby expressly 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, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right Page 9 of 14 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 waiver and relinquishment of all such interests, rights, and claims. 14. WAIVER OF FURTHER PROCEEDINGS BEFORE COURT. The parties hereby represent that they have agreed to the foregoing division or distribution of property in an effort to resolve all disputes relating to their marital property and obligations and to make an equitable distribution of their marital property as contemplated by the Divorce Code of Pennsylvania. The parties acknowledge that they have the right to ask a court of appropriate jurisdiction to make equitable distribution of their marital property and to engage in formal litigation to have the court do so. Because of the division or distribution of marital property to which they have agreed, as provided for in this Property Settlement Agreement, and knowing their rights to have the court equitably distribute or divide their marital property following litigation by the parties, the parties hereto do hereby waive and release any right to have the court make such equitable distribution or for them to litigate any claims relating to equitable distribution in the divorce action contemplated by the parties. 15. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent to the other than neither of thein has incurred ally debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the naive of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint naives without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. Further, each of the parties shall pay, in accordance with their terms, any debt now existing in their naive alone and any debt which they have agreed, elsewhere in this Agreement, to assume Page 10 of 14 and be responsible to pay, and each of the parties shall indemnify and save the other harmless from any loss, cost, or expense caused to the other party by their failure to pay such debts in accordance with their terms. 16. DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income sources owned, controlled, or enjoyed by either of thein and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or may be filed between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and voluntarily decide not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owned by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations. Being so aware and satisfied, the parties mutually accept the terns and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their marital status or the divorce action now pending or to be filed between them. 17. CONCLUSION OF DIVORCE. The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been filed or will be filed shortly by one of the parties hereto. Both of the parties hereto agree that they shall, contemporaneously with the execution of this agreement, execute and deliver to their respective attorney or attorneys, an Affidavit of Consent under Section 3301(c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of further notice for the entry of such decree. Both parties agree that they shall accept the terms and provisions of this Page 11 of 14 agreement in full satisfaction of any claims they may have under the Divorce Code of the Commonwealth of Pennsylvania, including, but not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like. 18. BREACH. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 19. RELEASE. Each party does hereby waive, relinquish, and release any claim they have against the other for bank accounts, stocks, bonds, and other and similar investment assets which are now owned by or in possession of the other, regardless of whether such assets were owned by the parties jointly or separately prior to the date of this agreement. Each party hereto does hereby waive and release any claim they inay have under the laws of the Commonwealth of Pennsylvania for the equitable distribution or the other division of such assets or any claim to them as marital property. 20. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 21. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 22. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. Page 12 of 14 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (.o/awe,i/z4 itness Page 13 of 14 COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND ) On this, the 1 & day of , 2014, before me, the undersigned officer, personally appeared EVEN P. IBANEZ known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Cgifiimission Expires: COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COMMONWEALTH OF PQNNSYWMM NOTARIAL SEAL KAREN A SHERIFF Notary Public CAMP HILL BORO. CUMBERLAND COUNTY My Commission Expires May 16. 2018 ( SS.: On this, the / 2/ day of i! I / i , 2014, before me, the undersigned officer, personally appeared MILY E. IBANEZ known to me (or satisfactorily proven) to be the person whose naive is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL AMY M. HARKINS, Notary Public Lemoyne scion F errand 4,20Casty My Commission February 4, 2017 y Cor ssion Expires: Page 14 of 14 Att rtvi A aitq�jti k;TrsQIR VTIW3E1M03 ,0°O8 1110 gMA3 8:0 mic1 ? ^o,tt'mwr Moo �,,..�..� CA rfr.tionew$Qmmoa ia�p,a�Ql�.� ,M YklA . of jiguoirA o5iyomoi :?r, x no;zzimrno3 �M N • SCHEDULE A NON -MARITAL PROPERTY ASSET VALUE DATE OF REASON FOR LIENS AMOUNT VALUATI EXCLUSION OF LIEN ON Wife's investment account with Edward Jones (Account No. 734-11541-1-5) $14,539.49 June 2010 This account contains funds and assets given to Wife by her family. As such gifts, to her alone, they are excluded as marital property. No liens known N / A Custodial accounts held for the benefit of the parties' children: (1) Custodial accounts with Metro Bank for the benefit of children $500.00 (approxima te) June 2010 These funds were set aside for the children and belong to them and not to either of the parties. No liens known N / A (2) Custodial account with USAA for the benefit of children $33,733.58 June 2010 These are custodial accounts funded by Wife's family for the benefit of the children. The accounts belong to the children and not to husband or wife. No liens known N / A (3) Custodial accounts with USAA for the benefit of children $25,346.24 June 2010 These are custodial accounts funded by Wife's family for the benefit of the children. The accounts belong to the children and not to husband or wife. No liens known N / A (4) Custodial accounts for the benefit of children, including a Coverdell College Savings Account $22,418.00 June 2010 These are custodial accounts funded by Wife's family for the benefit of the children. The accounts belong to the children and not to husband or wife. No liens known N / A (5) Edward Jones custodial accounts held by Wife for the benefit of children $22,000.00 January 2014 These are custodial accounts funded by Wife's family for the benefit of the children. The accounts belong to the children and not to husband or wife. No liens known N / A Wife's interest in Catherine M. Thompson Trust $289,547.7 0 June 2010 These are funds held for the benefit of Wife but not yet available to Wife. Moreover, these funds represent an inheritance received by Wife and are not marital property. No liens known N / A Wife's benefits in the Pennsylvania Public School Employees Retirement System $3,029.18 June 2012 All of these benefits were earned after the parties separation and, as such, are not marital property. No liens known N / A Wife's checking account No. 4617 with USAA $2,133.63 February 2014 This account was opened after the date of separation with Wife's post -separation funds. No liens known N / A Wife's Edward Jones ROTH $7,500.00 January This account was opened after No liens N / A IRA 2014 the parties' separation with funds provided by Wife's family as gifts. known USAA brokerage account $27,287.93 January 2010 This account contains gifts given to Wife by her family which are excluded as marital property. No hens known N / A Wife's checking account No. 512 with USAA $1,849.34 June 2010 This account represents part of the joint account which the parties divided at the date of separation. Because it has been previously divided by agreement it is no longer marital property. No liens known N / A Wife's USAA savings account No. 253 $2,097.43 June 2010 This account represents part of the joint account which the parties divided at the date of separation. Because it has been previously divided by agreement it is no longer marital property. No liens known N / A Wife's 2008 Toyota RAV4 $11,000.00 September This vehicle was purchased No liens N / A (est'd) 2012 with funds gifted to Wife by her family.' known 2011 Hyundai Sonata $8,900.00 January 2014 This vehicle was purchased after the date of separation with Wife's post -separation funds Hyundai Finance $6,000.00 1 This vehicle was sold in September of 2012 and the proceeds of the sale, approximately $11,000.00, were spent to make improvements and repairs to the marital residence. STEVEN P. IBANEZ, : IN THE COURT OF COMMON PLEAS Plaintiff : CUBMERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 2010-4081 CIVIL TERM EMILY E. IBANEZ, CIVIL ACTION — LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 17, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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: TEVEN P. IBANEZ L 'OCTJ7 ptl ,. 2: 0 o PE:Ht cm '1' STEVEN P. IBANEZ, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 2010-4081 CIVIL TERM EMILY E. IBANEZ, : CIVIL ACTION — LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER Mac) OF THE DIVORCE CODE 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 h //Li STEVEN P. IBANEZ STEVEN P. IBANEZ, Plaintiff : CUBMERLAND COUNTY, PENNSYLVANIA 08 : IN THE COURT OF COMMON PLEAS v. : DOCKET NO. 2010-4081 CIVIL TERM EMILY E. IBANEZ, : CIVIL ACTION — LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 17, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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: /0 if I - ONO' A r 1 7 2: 09 CUNBE7?1._ A COLIN PENNS YLV,A STEVEN P. IBANEZ, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO. 2010-4081 CIVIL TERM EMILY E. IBANEZ, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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: CI -aq- COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff STEVEN P. IBANEZ, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO. 2010-4081 EMILY E. IBANEZ, : CIVIL ACTION — LAW 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. Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on June 29, 2010. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff, on October 15, 2014; by Defendant, on October 15, 2014. 4. Related claims pending: Settled by Agreement dated September 16, 2014. 7 5. (Complete either (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: 10/17/14. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: 10/17/14. Date: October 27, 2014 By: COGNETTI & ASSOCIATES MARIA P. OG ¢ T I, ESQUIRE Attorney I.D. No. 27.14 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Praecipe to Transmit Record at the address indicated below: Service by: Samuel L. Andes, Esquire 525 North 12th Street P. O. Box 168 Lemoyne, PA 17043 Personal service via hand delivery X Service by First Class, United States Mail, postage pre -paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail Date: October 27, 2014 By: COGNETTI & ASSOCIATES MARIA . CO ETTI, ESQUIRE Attorney I.D. N e'er 7914 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA STEVEN P. IBANEZ • V. • EMILY E. IBANEZ : NO. 2010-4081 DIVORCE DECREE AND NOW, „o , it is ordered and decreed that STEVEN P. IBANEZ , plaintiff, and EMILY E. IBANEZ , 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 parties' Property Settlement Agreement dated September 16, 2014, which is attached hereto, are incorporated herein but not merged herewith. By the Court, Attest J. vim QUPI Prot, onotary Oert Cop W mai.Led 4 a neth 'Nlo tice spy rnar led 11' Argyle zl�