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HomeMy WebLinkAbout04-6115 , .. TAMMY M. TUBBS, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW ~ NO. 2004 -tJ l) CIVIL : IN DIVORCE LARRY G. TUBBS, 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 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, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 Telephone: (717) 249-3166 " 1\ T I TAMMY M. TUBBS, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW LARRY G. TUBBS, Defendant : NO. 2004 - : IN DIVORCE CIVIL COMPLAINT UNDER SECTIONS 3301(c) AND 3301 (a) OF THE DIVORCE CODE 1. Plaintiff is Tammy Marie Tubbs, an adult individual who currently resides at 1855 Sterretts Gap Avenue, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Larry Glenn Tubbs, an adult individual who currently resides at 162 West Louther Street, Apartment 1, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June28, 1997, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that she may , have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, the Plaintiff requests the Court to enter a Decree of Divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~~ Robert L. O'Brien, Esquire Attorney for Plaintiff 1.0. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 "1-' VERI FICA liON I, Tammy M. Tubbs, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. ~~y;; T~~ Date: December 7, 2004 rlo\Domestic\Tubbs\divorce.comp pg~~~ f') -- :::>- . -.() . ~~:H: (;;.. l!\ ~ ~~ ~ C0 :::0 .... tN I (U ~ ." , . ' ..' ~,' . ,:: ~~ . " ~ - " C) ;~:~~ ::~ "'.:) c::..,. c~:.) .....- o "II :::-J fh :::.~ 1"" :;~ rT.1 ~~ ~ J ........ ;.-J/ ) "'~ ;:F~ 't;! ~~ r..::J 1"'7 CJ I -.J ::'1 r::) (~) 0) .- \, RONALD WHEELER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, DEFENDANT 00-6115 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT BEFORE BAYLEY. J. ORDER OF COURT AND NOW, this 1-V\~ day of August, 2001, thl3 preliminary objections of defendant to plaintiffs complaint, ARE DISMISSED. Ronald Wheeler, AM-8074, Pro se SCI Frackville 111 Altamont Blvd. Frackville, PA 17931 / Laura J.N. Failing, Esquire For Defendant :saa RONALD WHEELER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, DEFENDANT 00-6115 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT BEFORE BAYLEY. J. OPINION AND ORDER OF COURT Bayley, J., August 2, 2001 :-- Plaintiff, Ronald Wheeler, an inmate under the jurisdiction of the Pennsylvania Department of Corrections, filed a complaint against defendant, Pennsylvania Department of Corrections, for reimbursement of the value of his personal property that he maintains was lost while under the care, custody, and control qf defendant. Plaintiff avers that when he was being transferred from the State Correctional Institution at Smithfield to the State Correctional Institution at Greene, defendant lost his personal property which was listed on his "Inmate Personal Property Inventory." Defendant filed preliminary objections to the complaint. It maintains that plaintiffs claim is barred by sovereign immunity. The issue has been briefed and is ready for decision. Plaintiff maintains that his claim falls within the excE~ption to sovereign immunity in the Judicial Code at 42 Pa.C.S. Section 8522. The Code at Sections 8522(a) and 00-6115 CIVIL TERM (b)(3) provides: (a) Liability imposed.- The General Assembly, pursuant to section 11 of Article I of the Constitution of Pennsylvania, does hereby waive, in the instances set forth in subsection (b) only and only to the extent set forth in this subchapter and within the limits set forth in section 8528 (relating to limitations on damages), sovereign immunity as a bar to an action against Commonwealth parties, for damages arisin~J out of a negligent act where the damages would be recoverable under the common law or a statute creating a cause of action if the injury were caused by a person not having available the defense of sovereign immunity. (b) Acts which may impose liabUity.-The following acts by a Commonwealth party may result in the imposition of liability on the Commonwealth and the defense of sovereign immunity shall not be raised to claims for damages caused by: (3) Care, custody or control of personal property.-The care, custody or control of personal p,'operty in the possession or control of Commonwealth par1ies, including Commonwealth- owned property and property of p,ersons held by a Commonwealth agency, except that the sovereign immunity of the Commonwealth is retained as a bar to actions on claims arising out of Commonwealth agency activities involving the use of nuclear and other radioactive equipment, devices and materials. (Emphasis added.) Defendant cites Nicholson v. M & S Detective, Agency, Inc., and the Commonwealth of Pennsylvania, 94 Pa. Commw. 5,21 (1986), and Serrano v. Pennsylvania State Police, 130 Pa. Commw. 531 (1990), in support of its position that sovereign immunity is applicable to plaintiff's claim. In Nicholson, a detective agency sought a criminal records check by the Pennsylvania State Police for a potential employee. The records check came up negative and the individual was hired by the detective agency and assigned to a bank as a security officer. This individual -2- 00-6115 CIVIL TERM subsequently robbed the bank and terrorized an employe<<:. The employee instituted suit against the detective agency and the Commonwealth" By statute, the Pennsylvania State Police is obligated to examine its records and provide private detective agencies criminal history information regarding prospective empIOYE~es. Plaintiff alleged that the Commonwealth was negligent in the care, custody and control of Commonwealth property, namely, the security officer's criminal record. The Commonwealth Court concluded that the action was barred because "[f]or the iPE~rsonal property waiver to apply [42 Pa.C.S. ~ 8522(b)(3)], the personal property it~elf must be in some manner responsible for the injury." The criminal records were nqt responsible for plaintiffs injury because the error was caused by the state police in checking the records. In Serrano, plaintiff was charged with possession of heroin. He was incarcerated and the suspected heroin was sent to a Pennsylvania State Poli~e laboratory. The item was not analyzed until three months after the arrest. It was found to contain only aspirin. The charge was dropped and plaintiff instituted suit against t~e state police claiming that the white powder taken from his possession was placed in t~eir care, custody and control, and it was their failure to expeditiously perform a chemical analysis on the substance that resulted in his continued incarceration, and the deni~1 of his liberty and freedom. The Commonwealth Court concluded that while the white powder was in the care, custody and control of the state police, it was not that substance that resulted in plaintiffs prolonged imprisonment, but rather the failure tp E~xpeditiously perform a chemical analysis. Thus, Section 8522(b)(3) of the Judidial Code did not apply and the -3- 00-6115 CIVIL TERM claim against the Commonwealth was barred by sovereign immunity. The facts in Nicholson and Serrano are completely different from the facts in the case sub judice. In those cases the plaintiff's personal property was not responsible for their injuries. Here, plaintiff alleges that his property was lost while in the care, custody and control of the Commonwealth. The lost property has caused plaintiff's injury. This is an exception to sovereign immunity in Section 8522(b)(3) of the Judicial Code: "The care, custody or control of personal property in the possession or control of the Commonwealth. . . including. . . property of persons held by a Commonwealth agency. . . ." (Emphasis added.) Becau:se plaintiff has alleged that a Commonwealth agency, the Pennsylvania Department of Corrections, lost his property that was in its care, custody and control, he has stated aCcluse of action that is not barred by sovereign immunity. ORDER OF COURT AND NOW, this ~ day of August, 2001, the preliminary objections of defendant to plaintiff's complaint, ARE DISMISSED. Edgar B. Hayey, J. '. /' -4- 00-6115 CIVIL TERM Ronald Wheeler, AM-8074, Pro se SCt Frackville 111 Altamont Blvd. Frackville, PA 17931 Laura J.N. Failing, Esquire For Defendant :saa -5- vs. In the Court of Common Pleas of Cumberland County, Pennsylvania -=ra'^'" ~ 1 f\1. To bbs No. Co l \~ Civil. ~ ZOO 4f La... (' r""'( c:r Tvhb~ D\~u.. ~ ~~~~~{: 71-e.. Q. ~'""'- ~ l~ ~~ --t"k~ ~bo~~ c:t'~'l>{"C..~ a.~. To Prothonotary , /3 19"" fJ.5:"' ~Q~ Attorney for Plaintiff No. 'Tenn. 19 _ '.> VS., PRAECIPE Filed 19_ . Atty. V:i\iV/\1/SI\;\J.~1d I/N'('"'''' ~", ...'..',.'n'"' "".t.! ;'./.'!:, "-':,\ Iv L ry :01 ~lj C - NVP SODZ M3V10,\JOH10Hd 3t-U .::10 30Ii-lO-031f:J TAMMY M. TUBBS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004 - 6115 CIVIL TERM LARRY G. TUBBS, : IN DIVORCE Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jane Adams, Esquire as Attorney of record for Larry G. Tubbs, Defendant in the above-captioned matter. Date: l-/~ - O~~ Respectfully Submitted: ~ J e Adams, Esquire .D. o. 79465 64 S uth Pitt Street C isle, Pa. 17013 17) 245-8508 ATTORNEY FOR DEFENDANT :.,(\ (_... c' \~" c> SHERIFF'S RETURN - REGULAR CASE NO: 2004-06115 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TUBBS TAMMY M VS TUBBS LARRY G DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon TUBBS LARRY G the DEFENDANT at 1536:00 HOURS, on the 5th day of January ,2005 at 162 W LOUTHER STREET APT 1 CARLISLE, PA 17013 by handing to LARRY TUBBS a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.70 .00 10.00 .00 31.70 ""..,/'.? ~;. . 'if ~"./ ~,!;t~ .4"~~ ", . R. Thomas Kline 01/06/2005 OBRIEN BARIC SCHERER Sworn and Subscribed to before By: n ~~/'~ ~ VV '/ ~ Deputy Sheriff ' ~ me this .2'1~ day of .., .' i ./ L;)~L1'(A~J.i7 ;J 005 A. D. ( }~~th~nttif~'~ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-6115 CIVIL TERM TAMMY M. TUBBS, Plaintiff LARRY G. TUBBS, Defendant CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on December 7, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Section 4904 relating to unsworn falsification to authorities. Date: J; -I 3- 05 j~VV\ (i~ ammy M. Tubbs .,,,) =, r-""""l (-:it C'.) -J )":< \:;-' en -J 'I TAMMY M. TUBBS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-6115 CIVIL TERM v. , I II ,I I: Ii Ii II I I LARRY G. TUBBS, Defendant CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on December 7,2004, and reinstated January 3'd, 2005. II 'I 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Section 4904 relating to unsworn falsification to authorities. , / 0"'" (IJ /3,! 0 S- f ... /'I / /(Z1 ~// / /.,/ //71 P c-//" V ~ / Larry G. Tubbs n ''1 ,.;; (,;' ------ -'-:066 _5 V J ) t-< 0-hS '/7 0, (3..ooLf - 4, II e;- C:. 1-- ; J T (',y W) MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~day Of~ , 2005, by and between Larry G. Tubbs, hereinafter called Husband, and Tammy M. Tubbs, hereinafter called Wife; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 28, 1997 in Cumberland County; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they have determined to live separate and apart from each other and have consented to a mutual consent divorce; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations, including the settling of their property rights and other rights and obligations growing out of their marriage in accordance with the provisions of the Divorce Code of Pennsylvania. NOW, THEREFORE, the parties, intending to be legally bound hereby, agree as follows: 1. Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as admission on the part of either party of the lawfulness or unlawfulness of the causes leading to them living apart. Each party shall be free from interference, authority and control, direct or 1 indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 2. Division of Property and Joint Debt. The parties have divided between them, the personal effects, tools, equipment, household furniture and furnishings, and other articles of personal property which have heretofore been used by them, individually or in common. The parties' residence located at 1855 Sterretts Gap Avenue, Carlisle, Pennsylvania, shall become the sole and separate property of Wife. Wife shall assume and be fully responsible for the real estate taxes, utilities, mortgage payments and other expenses for the property. Husband shall tender to Wife a Special Warranty Deed, prepared by Wife, transferring his interest in the home to Wife. Wife shall have sole and exclusive possession of the home. In consideration of the Husband's releasing his interest in the real estate, Wife shall pay Husband $2,000.00, in cash, upon the signing of this agreement and pay Husband an additional $10,000.00, without interest, on or before the fifth anniversary of this agreement. Additionally, Wife will assume and payoff up to $12,000.00 of Husband's credit card debt that Husband has been paying. To permit Wife to make the payments, Husband will have the statements forwarded directly from the creditor. Wife anticipates that she will secure financing to do a loan consolidation and pay up to the $12,000.00 amount inclusive of any monthly payments she has made. 2 Each party shall retain his/her pension/retirement accounts and they agree that they will each sign any documentation reasonably requested to release and extinguish any interest that they may have in the other's accounts(s). 3. Alimonv and Spousal Support. Neither party will pay alimony and/or spousal support to the other. 4. Debts. Except for the debts and obligations created hereunder, each party agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by him or her subsequent to the date of separation which occurred in September, 2004. If any claim, action or proceeding is hereafter brought seeking to hold the other party liable on account of such debts or obligations, each party will at his or her sole expense defend the other party against any such claim, action or proceedings, whether or not well-founded, and indemnify the other party against any loss or liability resulting therefrom. Except for the payment of up to $12,000.00, each party agrees to pay and hold the other harmless from any and all credit cards held by each party in his/her name alone. 5. Equitable Property. This Agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of 3 , ' assets, and the division is being effectuated without the introduction of outside funds or other property not constituting the matrimonial estate. Each party hereby acknowledges that this Agreement adequately provides for his or her needs and is in his or her best interest, and that the agreement is not the result of any fraud or undue influence exercised by either party upon the other or by any other person or persons upon either party, Both parties hereby waive the following procedural rights: A. The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. B. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have the court determine which property is marital and which in non-marital, and equitably distribute between the parties that property which the court determines to be marital. D. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), and counsel fees, costs and expenses. 6. Mutual Release. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or 4 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 them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted, or suffered to be done by said other party prior to and including the date hereof; further, the parties hereto have been advised by their legal representatives, respectively, of all their rights under the Pennsylvania Divorce Code, and such rights as are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed 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. 7, Release of All Claims. Each party, except as otherwise provided for in this Agreement, releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred, or may be incurred, relating to or arising from the marriage between the parties, including waiving any claim to their respective pensions or retirement accounts. However, neither party is relieved or discharged from any obligations under this Agreement or under any instrument or document executed pursuant to this Agreement. 8. Breach. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, 5 and seek any other remedy allowed in law or equity. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. Waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any subsequent, similar breach or other breaches. 9. Full Disclosure. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the source and amount of the income of such party of every type whatsoever and all other facts relating to the subject matter of this Agreement. 10. Divorce. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to a true and absolute divorce on legal and truthful grounds as they now exist or may hereafter arise. It is understood, however, that Wife has filed an action in divorce in the Court of Common Pleas of Cumberland County, in which she alleges that the marriage is irretrievably broken. Both parties understand and agree that Wife shall pursue said divorce on the grounds that the marriage is irretrievably broken, and that both parties will execute, deliver and file the necessary affidavits and all other petitions or documents necessary to effectuate the divorce pursuant to Section 3301 C of the Divorce Code. Husband agrees that the marriage is irretrievably broken. 6 11. Representation of Parties bv Counsel. Each party has had the opportunity to have legal counsel to represent each of them in the negotiation and preparation of this Agreement and has either been so represented or has voluntarily chosen not to be represented. Each party has carefully read this Agreement and is completely aware, not only of its contents, but also of its legal effect. 12. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with the provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 13. Modification and Waiver. Modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 14. Descriptive Headinqs. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 15. Successors and Assiqns. This Agreement, except as otherwise expressly provided herein, shall be binding upon and shall inure to the benefit of the respective 7 , " legatees, devisees, heirs, executors, administrators, assignees and successors in interest to the parties. 16. Governinq Law. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 17. Order of Court. With the approval of any court of competent jurisdiction in which any divorce proceeding may now be pending or which may hereafter be instituted, this Agreement shall be incorporated in any decree of absolute divorce which may be passed by said court. In the event the court shall fail or decline to incorporate this agreement or any provisions thereof in said decree, then and in that event the parties, for themselves and their respective heirs, personal representatives and assigns, agree that they will nevertheless abide by and carry out all of the provisions thereof. It is further agreed that regardless of whether said agreement or any part thereof is incorporated in any such decree, the same shall not be merged in said decree, but said agreement and all the terms thereof shall continue to be binding upon the parties and their respective heirs, personal representatives and assigns. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. :a.l /;:J';/ ~ c::/ Larry G. Tu s -J ~ "'rV\. (t~ Tammy M. Tubbs (SEAL) (SEAL) COMMONWEALTH OF Pennsylvania SS. COUNTY OF Cumberland : AND NOW, this \~day of O~ ,2005, before me, the undersigned officer, personally appeared Larry G. Tubbs, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set Notary Public COMMONWEALTH OF PENNSYLVANIA S Notarial Seal Jane Adams Notal)' Public Carlisle Boro Cumberland County My Commissio~ Expires Sept. 6, 2008 COMMONWEALTH OF Pennsyl COUNTY OF Cumberland AND NOW, this Ilc#1 day of ,2005, before me, the undersigned officer, personally appeared Tammy M. Tubbs, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. rob/dom/tubbs.agr COMMONWEALTH OF PENNSYLVANIA Notarial Seal ,:-l Jennifer S. Lindsay, Notary PUbllC Cariisle Bora, Cumberland County My Commission Expires Nov, 29, 2007 Member. Pennsylvania Association Of Notaries :~ " \-;1 r t.> r.\ CY', MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of CJ::~/\ ,2005, by and between Larry G. Tubbs, hereinafter called Husband, and Tammy M. Tubbs, hereinafter called Wife; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 28,1997 in Cumberland County; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they have determined to live separate and apart from each other and have consented to a mutual consent divorce; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. including the settling of their property rights and other rights and obligations growing out of their marriage in accordance with the provisions of the Divorce Code of Pennsylvania. NOW, THEREFORE, the parties, intending to be legally bound hereby, agree as follows: 1. Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as admission on the part of either party of the lawfulness or unlawfulness of the causes leading to them living apart. Each party shall be free from interference. authority and control, direct or 1 indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 2. Division of Prooertv and Joint Debt. The parties have divided between them, the personal effects, tools, equipment, household furniture and furnishings, and other articles of personal property which have heretofore been used by them, individually or in common. The parties' residence located at 1855 Sterretts Gap Avenue, Carlisle, Pennsylvania, shall become the sole and separate property of Wife. Wife shall assume and be fully responsible for the real estate taxes, utilities, mortgage payments and other expenses for the property. Husband shall tender to Wife a Special Warranty Deed, prepared by Wife, transferring his interest in the home to Wife. Wife shall have sole and exclusive possession of the home. In consideration of the Husband's releasing his interest in the real estate, Wife shall pay Husband $2,000.00, in cash, upon the signing of this agreement and pay Husband an additional $10,000.00, without interest, on or before the fifth anniversary of this agreement. Additionally, Wife will assume and payoff up to $12,000.00 of Husband's credit card debt that Husband has been paying. To permit Wife to make the payments, Husband will have the statements forwarded directly from the creditor. Wife anticipates that she will secure financing to do a loan consolidation and pay up to the $12,000.00 amount inclusive of any monthly payments she has made. 2 Each party shall retain his/her pension/retirement accounts and they agree that they will each sign any documentation reasonably requested to release and extinguish any interest that they may have in the other's accounts(s). 3. Alimonv and Soousal Suoport. Neither party will pay alimony and/or spousal support to the other. 4. Debts. Except for the debts and obligations created hereunder, each party agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by him or her subsequent to the date of separation which occurred in September, 2004. If any claim, action or proceeding is hereafter brought seeking to hold the other party liable on account of such debts or obligations, each party will at his or her sole expense defend the other party against any such claim, action or proceedings, whether or not well-founded, and indemnify the other party against any loss or liability resulting therefrom. Except for the payment of up to $12,000.00, each party agrees to pay and hold the other harmless from any and all credit cards held by each party in his/her name alone. 5. Equitable Prooerty. This Agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of 3 assets, and the division is being effectuated without the introduction of outside funds or other property not constituting the matrimonial estate. Each party hereby acknowledges that this Agreement adequately provides for his or her needs and is in his or her best interest, and that the agreement is not the result of any fraud or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: A. The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. B. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have the court determine which property is marital and which in non-marital, and equitably distribute between the parties that property which the court determines to be marital. D. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), and counsel fees, costs and expenses. 6. Mutual Release. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or 4 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 them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted, or suffered to be done by said other party prior to and including the date hereof; further, the parties hereto have been advised by their legal representatives, respectively, of all their rights under the Pennsylvania Divorce Code, and such rights as are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed 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. 7. Release of All Claims. Each party, except as otherwise provided for in this Agreement, releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred, or may be incurred, relating to or arising from the marriage between the parties, including waiving any claim to their respective pensions or retirement accounts. However, neither party is relieved or discharged from any obligations under this Agreement or under any instrument or document executed pursuant to this Agreement. 8. Breach. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, 5 and seek any other remedy allowed in law or equity. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. Waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any subsequent, similar breach or other breaches. 9. Full Disclosure. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the source and amount of the income of such party of every type whatsoever and all other facts relating to the subject matter of this Agreement. 10. Divorce. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to a true and absolute divorce on legal and truthful grounds as they now exist or may hereafter arise. It is understood, however, that Wife has filed an action in divorce in the Court of Common Pleas of Cumberland County, in which she alleges that the marriage is irretrievably broken. Both parties understand and agree that Wife shall pursue said divorce on the grounds that the marriage is irretrievably broken, and that both parties will execute, deliver and file the necessary affidavits and all other petitions or documents necessary to effectuate the divorce pursuant to Section 3301 C of the Divorce Code. Husband agrees that the marriage is irretrievably broken. 6 11. Representation of Parties bv Counsel. Each party has had the opportunity to have legal counsel to represent each of them in the negotiation and preparation of this Agreement and has either been so represented or has voluntarily chosen not to be represented. Each party has carefully read this Agreement and is completely aware, not only of its contents, but also of its legal effect. 12. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter. execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with the provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 13. Modification and Waiver. Modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 14. Descriptive HeadinQs. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 15. Successors and AssiQns. This Agreement, except as otherwise expressly provided herein, shall be binding upon and shall inure to the benefit of the respective 7 legatees, devisees. heirs. executors, administrators, assignees and successors in interest to the parties. 16. Governina Law. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 17. Order of Court. With the approval of any court of competent jurisdiction in which any divorce proceeding may now be pending or which may hereafter be instituted, this Agreement shall be incorporated in any decree of absolute divorce which may be passed by said court. In the event the court shall fail or decline to incorporate this agreement or any provisions thereof in said decree, then and in that event the parties, for themselves and their respective heirs. personal representatives and assigns, agree that they will nevertheless abide by and carry out all of the provisions thereof. It is further agreed that regardless of whether said agreement or any part thereof is incorporated in any such decree, the same shall not be merged in said decree, but said agreement and all the terms thereof shall continue to be binding upon the parties and their respective heirs, personal representatives and assigns. IN WITNESS WHEREOF. intending to be legally bound hereby. the parties hereto have hereunto set their hands and seals the day and year first above written. 44':/UA C>/ Lar? G. Tubbs (1 ~ ~. (:t ~);-. Tammy M. Tubbs (SEAL) (SEAL) , " COMMONWEALTH OF Pennsylvania 55. COUNTY OF Cumberland AND NOW, this \~day of ~ ,2005, before me, the undersigned officer, personally appeared Larry G. Tubbs, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. :rH Of PENNSYLVANIA Notarial Seal Jane Adams, Notary Public Carlisle 30m, Cumberland County My Commission Expires Sept. 6, 2008 COMMONWEALTH OF Pennsylva COUNTY OF Cumberland AND NOW, this 1I<th day of ~ ' 2005, before me, the undersigned officer, personally appeared Tammy M. Tubbs, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. rob/dom/tubbs.agr ~~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer S. Undsay, Notary Public Cartisle Bom, CUmbertand County My Commission Expires Nov. 29, 2007 Member. Pennsylvania AssocialioTi Of Notaries I TAMMY M. TUBBS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-6115 CIVIL TERM V. LARRY G. TUBBS, Defendant CIVIL ACTION-LAW 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 Section 3301 (c) and 3301 (d) of the Divorce Code. 2. Date and manner of service of the Complaint: The Complaint was served when Jane Adams, Esquire entered her appearance on January 18, 2005. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff on May 18, 2005; and Defendant on October 24,2005. B. (1) date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: n/a I' II i , (2) date of service of the Plaintiff's Affidavit upon the Defendant: n/a 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301 (d)(1 )(i) of the Divorce Code: None. Respectfully submitted, '~D~ Robert L. O'Brien, Esquire <+ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +0+' of.:+:+:+:+ H +:+:+:+:+++ +++++++ :++:++++ ++:+++++:+:++++:+:++++++++++++++++++++++++++++++++~ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +++++:+++++++:+++:++:++++++.+:++:+:++:++++++:+++++++:+++:+++++++++++ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. TAMMY M. TUBBS No. 2004 - 6115 CIVIL Plaintiff VERSUS LARRY G. TUBBS Defendant DECREE IN DIVORCE AND NOW, tJ~1 o:J- ;:'01-1'1 . ~S, IT IS ORDERED AND DECREED THAT TAMMY M. , PLAINTIFF, TUBBS AND LARRY G. , DEFENDANT, TUBBS ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties' Marriage Settlement Agreement dated October 18, 2005, is incorporated, rein as a final Order of Court. mme~ < PROTHONOTARY J. """'7'll ~ 7> ~ 7)1, 5- e J/ ~G 'Z ~ 4JP'iJ :,oe!/ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMIv\.\.j VVI - 01 b ld Plaintiff Vs FileNo. J.. 0 04 - 6 1/ .s- IN DIVORCE LqRt'I...'1 C-'Tu~bs Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff I defendant in the above matter, [select one by marking "x"] _ prior to the entry of a Final Decree in Divorce, or ~ after the entry of a Final Decree in Divorce dated II' 1- 05 hereby elects to resume the prior surname of :r S /?,A {. L , and gives this written notice avowing his I her intention pursuant to the provisions of 54 P.S. 704. Date: 11- J. j - 05 (.i. ('tMV.",,&!,,^ ;::t u.~ J r1 SIgnature ~~ 'P\ ~",Q Signa e of name bemg resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ~k....L-Q On the ..<'3.vl..day of I LiJ-(.L<'.~~ ,200';' before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he I she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official sea!. ,_."-_.....~-.'".,..._,.._---_.._._.. - i NOTARiAl SEAL , PROTHONOTARY, NOTARY PUBLIC I CARLISlE WMSERLAND COUNTY COURT HOUSE . MY COMMISSION EXPIRES JANUARY 2, 2006 ()..". () h1.pi,,/ /l...1M I a Prothonotary or Notary Public r1 At L 1~J.O(J.("Il... ~ -........... .'\-', -...:..... ~ -..c:: ----..,') ~ ~. ------ '''\ ,;':. "S ~ ~--_. \-~~:-i e..., UJ c. \:"\ \1\ 3 .('"