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HomeMy WebLinkAbout05-0328 Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy l.D. No. 77950 30 I Market Street P. 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OC"- 3,;if CIVIL TERM JOAN K. ROBINSON, v, CIVIL ACTION - LAW IN DIVORCE WILLIAM T, ROBINSON, Defendant NonCE 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 Courthouse, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-316(;' Johnson, Dnffie, Stewart & Weidner By: Melissa Peel Greevy LO, No, 77950 301 Market Street p, 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO,QS - J~ CIVIL TERM JOAN K, ROBINSON, v, CIVIL ACTION - LAW WILLIAM T, ROBINSON, IN DIVORCE Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Joan K, Robinson, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, William T, Robinson: 1, The Plaintiff is Joan K, Robinson, an adult individual, residing at 13 Meade Drive, Carlisle, Cumberland County, Pennsylvania 17013, Plaintiff's Social Security Number is 210- 38-4423, 2, The Defendant is William T, Robinson, an adult individual, residing at 18 Fulton Avenue, Stewartstown, York County, Pennsylvania 17363, Defendant's Social Security Number is 219-84-7513. 3, The Plaintiff and Defendant were married on October 21, 1989, in Altoona, Blair County, Pennsylvania, 4, The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There have been no prior actions for divorce or annulment of marriage between the parties in this or any other jurisdiction, 6, Defendant is presently a member of the United States Air Force Reserves and will be on active duty in Dover, Delaware beginning on or about February 7, 2005, 7, The marriage is irretrievably broken, 8. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling, WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce, COUNT 1/ - EQUITABLE DISTRIBUTION 9, Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 8 inclusive, of the Complaint as if the same were set forth herein at length, 10, Plaintiff and Defendant have legally and beneficially acquired certain real and personal property during their marriage, 11, The parties may but have not yet entered agreements for the resolution of their divorce and equitable distribution, WHEREFORE, the Plaintiff respectfully requests that your Honorable Court equitably divide all marital property, COUNT /1/ - ALIMONY 12, Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 11 inclusive, of the Complaint as if the same were set forth herein at length, 13, Plaintiff requires reasonable alimony to adequately maintain herself in accordance with the standards of living established during the marriage, COUNT IV - EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE Pursuant to 23 Pa,C,S, g3502(c) 14, Plaintiff incorporates herein by reference the allegations set forth in paragraphs 1 through 13 inclusive, of the Complaint as if the same were set forth herein at length, 15. The parties are the parents of one child, Brooks W, Robinson, born August 2, 1995, born to this marriage, 16, Husband has consistently demanded prompt settlement of this divorce and has forcefully and loudly indicated demands to which he insists the Plaintiff agree. 17, Husband's alcohol abuse and the significant tension that exists between the parties is having a negative impact on the parties' child, 18, It is anticipated that Husband will be deployed on or about February 7,2005 to active duty in the Air Force with a station assignment of Dover, Delaware, 19, Husband assaulted wife on January 10, 2005, 20, Husband is employed full-time and is able to secure temporary housing arrangements with family until he is deployed, 21, The parties intend to sell the marital residence, 22. Wife believes, and therefore avers, that granting Wife exclusive right to reside in the marital residence with the child will effectuate the purposes of the Divorce Code as set forth in ~3102(a), including the goal of mitigating the harm to spouses and their children which is being caused by disillusion of this marriage. 23, Husband vacated the marital residence at wife's request on January 11, 2005, WHEREFORE, Wife respectfully requests this Court to enter an Order awarding Wife exclusive possession of the marital residence, and such other further relief as this Court in Equity deems just. uZB; & WEIDNER Me Issa Peel Greevy :242632 VERIFICA TlON I, Joan K. Robinson, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa, C.S.A ~4904, relating to unsworn falsification to authorities, Date: I/JS!() b I ~ k.1?cb~ oan K. ~obinson Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy 1.0. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JOAN K. ROBINSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. CIVil TERM v. CIVil ACTION - LAW WilLIAM T. ROBINSON, IN DIVORCE Defendant AFFIDA vir JOAN K. ROBINSON, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling, 2, I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3, Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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: J/J.JID S I (.J fJ7'l tl _ '- t...J ~ P ~ ~ -- ~ --- ~-c C> C> C) lI) C> C> . I ~?v i!: ~~ '--L.. r' ~,~.) (::J ~ 'c~ "n '<.....> ~: :~l~ ~",: Ii l w ..'.-- en :::.:! I'.:"? -....l Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy LD, No. 77950 301 Market Street p, O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JOAN K. ROBINSON, Plaintiff v, WILLIAM T. ROBINSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 05-328 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERViCE I, Debra D. Cantor, Esquire, attorney for Defendant, William T. Robinson, hereby accept service and acknowledge receipt of the Complaint in Divorce filed on January 18, 2005 by the Plaintiff in the above-captioned divorce action, I certify that I am authorized to accept service on behalf of Defendant. Date:~ :242632-7 REAGER & ADLER, p, i~.< ~-' ';~:~~ G,.r~ l._ >;>' -:l? f" C) ......./ '-r"\ l;? en CO - JOAN K, ROBINSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 05-328 CIVil TERM v, CIVil ACTION - lAW WilLIAM T, ROBINSON, IN DIVORCE Defendant AFFIDA VIT OF CONSENT 1, A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on or about January 18, 2005, 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service 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, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 above are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, S 4904 relating to unsworn falsification to authorities, Date /"2- -/f'.r0.5 )-\ i '-" :262669 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 05-328 CIVil TERM JOAN K, ROBINSON, v, CIVil ACTION - LAW WilLIAM T. ROBINSON, IN DIVORCE Defendant AFFIDA VIT OF CONSENT 1, A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on or about January 18, 2005, 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service 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, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 above are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, !l4904 relating to unsworn falsification to authorities, Date: is? (Vo" Z.OG,r ul~~~,,,- William T, Robinson, Defendant :262669 ... ) " . . MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this /f1-L day of ~~ fJte~ ,2005, by and between JOAN K. ROBINSON (hereinafter referred to as "Wife"), 491 Highland Court, Carlisle, Pennsylvania 17013, and WilLIAM T, ROBINSON (hereinafter referred to as "Husband"), 18 Fulton Avenue, Stewartstown, York County, Pennsylvania, WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully married on October 21, 1989, at Altoona, Blair County, Pennsylvania, and are the parents of the following child: Name Date of Birth Brooks William Robinson August 2,1995 WHEREAS, the parties separated on January 11, 2005; and, WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters betweEln them relating to the ownership of real and personal property, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. AND NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties herefo, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: . , , . 1, ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Debra D, Cantor, Esquire, of McNees Wallace & Nurick LLC, for Husband, and Melissa p, Greevy, Esquire, of Johnson Duffie, for Wife. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equifable, and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements, In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting -2- > the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation, 2. DISCLOSURE OF ASSETS, Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the court of this Commonwealth or any other court of competent jurisdiction. Husband and Wife represent and warrant that each has disclosed to the other in full his or her respective assets, liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable and is satisfactolY to them, The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity. Each party retains the right to assert a claim against the of her for failure to fully and fairly disclose his or her income, assets and liabilities, if it is later determined that there has been a failure to disclose, including but not limited to a claim of constructive trust. -3- 3. PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, live separate and apart, Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried, Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which 110 him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the cause that led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. Wife has filed an action for divorce in Cumberland County, Pennsylvania filed to No, 05-328. Said action shall be limited to divorce and neither party may assert any ancillary economic claims otherwise authorized by the Divorce Code, which are specifically waived by the terms of this Agreement. Counsel for Wife shall execute a Praecipe withdrawing Wife's ancillary claims now pending of record at or prior to the execution of this Agreement. The parties agree that the divorce shall not be finalized prior to December 2005, In December 2005, the parties agree that each shall sign an Affidavit of Consent to a divorce and a Waiver of Notice upon execution of this agreement. Said Affidavits and Waivers shall -4- be promptly transmitted to counsel for Husband who will promptly file a Praecipe to Transmit Record and Vital Statisfics form to precipitate the prompt entry of a decree of divorce no later than December 31, 2005. 5. EQUITABLE DISTRIBUTION. 5.1. Marital Residence. The parties acknowledge that they were the joint owners of that certain house and lot and all improvements thereupon situated at 13 Meade Drive, Carlisle, Cumberland County, Pennsylvania. The parties sold said home and Wife retained all proceeds from the sale and shall also receive the escrow account proceeds, Husband hereby sets over, transfers and assigns these proceeds to Wife, now and forever relinquishing any claim thereon. 5.2. Contents of the Parties' Residences and Other Personal Property. 5.2,1. Husband shall and does hereby set over, transfer and assign to Wife all of his right, title, claim and interest in and to all of the contents of the residence at 491 Highland Court, Carlisle, Cumberland County, Pennsylvania, including but not necessarily limited to all furniture, furnishings, rugs, earpets, household appliances and equipment, clothes, jewelry, personalty and other items of tangible property of whatever nature currently located in the residence as well as other jewelry and personal property in Wife's possession as of the date of this Agreement. 5,2,2. Wife shall and does hereby set over, transfer and assign to Husband all of her right, title and interest in and to all of the eontents of the residence af 18 Fulton Avenue, Stewartstown, York County, Pennsylvania, including but not necessarily limited to all furniture, furnishings, rugs, carpets, household appliances and -5- equipment, clothes, jewelry, personalty and other items of tangible property of whatever nature currently located in the said residence, as well as other jewelry and personal property in Husband's possession as of the date of this Agreement. 5.3, Husband's Air Force Reserve Retirement Account. Husband is a member of the Air Force Reserve and, as such, has earned credits towards an Air Force Reserve retirement account. Wife does hereby set over, transfer and assign to Husband any and all of her right, title, claim and interest in and to all or any portion of Husband's Air Force Reserve retirement account. 5.4, Wife's Mutual Fund Account. Wife is the owner of a mutual fund account with American Express, Account # 0432 9601 1001 Husband hereby agrees to set over, transfer and assign to Wife any and all of his right, title, claim and interest in and to all or any portion of Wife's mutual fund account. 5.5. Bank Accounts. Husband and Wife are the joint owners of a savings and checking account with PSECU. Wife has received the balances of both accounts valued at approximately $3,100. Husband hereby agrees to set over, transfer and assign to Wife any and all of his right, title, claim and inferest in and to all or any portion of these proceeds. Wife also has a savings account with M& T Bank. Husband does hereby agrees to set over, transfer and assign to Wife any and all of his right, title, claim and interest to this account. Husband is the owner of an account with Harborstone Credit Union, Wife hereby sets over, transfers and assigns to Husband any and all of her right, title, claim and interest in and to all or any portion of Husband's bank account. -6- , 5.6. Husband's PSERS Account. The parties acknowledge that Husband is the owner of a PSERS account. Husband continued to contribute to the account post-separation, Wife hereby agrees to set over, transfer and assign to Husband any and all of her Husband's PSERS account. 5,7, 2000 Ford Explorer. The parties are the owners of a 2000 Ford Explorer, which Wife operates, The Explorer is unencumbered by a vehicle loan with monthly payments of $289 per month. Wife shall retain the Explorer and Husband does hereby set over, transfer and assign to Wife any and all of his right, title, claim and interest in said vehicle. From the execufion of this Marital Settlement Agreement forward, Husband agrees to pay the monthly loan payment on this vehicle, During the period of time that alimony is paid pursuant to paragraph 8:1, Husband shall deduct this monthly payment from the alimony amount prior to paying it to Wife. Upon the termination of alimony under paragraph 8.1, Husband shall continue to make this loan payment until it is satisfied. Husband agrees to execute any and all documentation necessary to transfer his interest in the Ford Explorer at the time the final loan payment is made, 5,8. 1985 Ford Mustano. Husband is the owner of a 1985 Ford Mustang, which he owned prior to marriage. Wife does hereby set over, transfer and assign to Husband any and all of her right, title, claim and interest to this vehicle, 5.9. 2004 Ford Ranoer. The parties are owners of a 2004 Ford Ranger, Husband shall retain this vehicle, and Wife does hereby set over, transfer and assign to Husband any and all of her right, title, claim and interest in said vehicles, This vehicle is -7- subject to a loan and Husband agrees to assume responsibility of all payments associated therewith and shall indemnify and hold Wife harmless from said payments. Wife agrees to execute any and all documentation necessary to transfer her interest in the Ford Ranger to Husband within 10 days of a request to do so. 5.10, Car Insurance, From the date of execution of this Agreement, Wife shall assume responsibility for the vehicle insurance covera(jle on the 2000 Ford Explorer. Husband shall assume responsibility for insurance coverage on the 2004 Ford Ranger and the 1985 Ford Mustang, 5.11. Life Insurance Provision. Husband is the owner of a term life insurance policy with a death benefit amount of $40,000 through his employment with The Commonwealth of Pennsylvania. Wife is the owner of a life insurance policy with a death benefit value of $50,238 with Prudential. The parties 81gree that they shall name their son, Brooks Robinson, as the sole beneficiary on said life insurance policy. Said beneficiary designation shall remain in place until Brooks reaches the age of 18. Both parties agree to establish a trust for the benefit of Brooks and said life insurance proceeds shall be placed in that trust. The parties agree that the proceeds may be used for the general maintenance and welfare of Brooks, including medical and educational costs. 5.12, Prooerty of Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights therElto, together with any -8- insurance policies covering that property, and any escrow aGcounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife, 5.13. Propertv of Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating fo that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 5.14. Taxes. By this Agreement, the parties have intended to effectuate and equitably divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. Except as may be otherwise expressly provided herein, the division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and fhe division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the division of the marital property and the marital settlement herein contained, each party shall receive each item of property at the tax basis that existed for the item immediately before the execution of this Agreement, and that this Agreement is not intended to affect the tax basis or tax status for the property received by the party, The parties agree to -9- save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided, The parties acknowledge that they have filed various joint income tax returns during the course of fheir marriage. In filing each such return, each party has relied exclusively upon the other party to provide truthful and accurate information relating to the other party's employment income, business income or deductions, or income from any other source. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. For calendar year 2005, unless otherwise agrEied, each party shall report the year 2005 earnings on the assets distributed to them on their respective federal, state and local tax returns for 2005. 5,15, Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities, -10- 5,16, Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by WifE! in connection therewith, 5,17, Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therElfrom, including, but not limited to, costs of court and attorney's fees incurred by Husband in connection therewith, 5,18. Warrantv as to Future Obliqations. EW3pt as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible, From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property -11- harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof, 5.19. Release of Claims. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute ;an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code. Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties hereby exprElssly release and relinquish, each to the other, every claim, demand, right and interest hE! or she may have in or against the other, or against his or her estate, together with ;any income or earnings thereon, arising from and during the marriage and of or from any other reason growing out of the marital relationship. Neither party, however, is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of execution of this Agreement with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. -12- 6, MARITAL DEBT. The parties have marital debt as follows: Sears Credit Card Account # 07-85449-996-103, CitiBank Card AccounUf 5424-1806-0421-0333, CitiBank Card Account # 5424-1803-7972-3965 and MBNA Account # 5490-9938-0821- 8848, Wife shall assume payment responsibility for the CitiBank Card Account # 5424- 1806-0421-0333, and shall indemnify and hold husband harmless from said balance, Husband shall assume responsibility for the Sears Account, CitiBank Card Account # 5424-1803-7972-3965 and the MBNA Account and agrees to indemnify and hold Wife harmless from any claim or liability. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens, and all the property each will hold subsequent to the date of this agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability. 7. MEDICAL INSURANCE COVERAGE FOR WIFE. Husband currently is providing medical insurance coverage for Wife. The parties agree that Husband shall continue to pay for medical insurance coverage for Wife until the entry of the Divorce Decree. Thereafter, Wife shall assume responsibility for her insurance coverage, 8. SPOUSAL SUPPORT/ALIMONY. 8.1, Monthlv Payments. In recognition of thE! criteria set forth in the Divorce Code, and subject to the other provisions of this Agr,eement, commencing on the first business day of the month following the month in which the divorce decree is entered, Husband shall pay to Wife for her support and maintenance the sum of $698 per month until such time as Husband is no longer deployed with the Air Force Reserve, -13- but no later than December 31, 2006, Said payments shall be made by the fifteenth (15th) day of each month directly to Wife, 8.2, Tax Consequences, It is the intention, understanding and agreement of the parties that the cash payments described in subparagraph 8,1 of this paragraph shall constitute spousal -support or alimony as those terms are defined in the Internal Revenue Code of 1986, as amended, and any succe,ssor thereto, and that, accordingly, all such payments shall be includable in Wife's Slross income and deductible by Husband for federal income tax purposes pursuant to Sections 71 and 215 of the Internal Revenue Code, 9, CUSTODY AND CHILD SUPPORT. By separate agreements, the parties have resolved child custody and child support issues. This allreement does not modify those separate agreements, Both parties reserve the right to modify the agreements on child support and child custody, 10, MODIFICATION AND SEVERABILITY, No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto, If any provision of this Agreement is held by ,I court of competent jurisdiction to be void, invalid or unenforceable, the remaininll provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way, 11, BREACH, If either party hereto is in breach of any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, The -14- non-breaching party shall be entitled to recover from the bmaching party all reasonable costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party, 12. WAIVER OF BREACH. The waiver by one pclrty of any breach of this Agreement by the other party will not be deemed a waiver of any other provision of this Agreement. 13. NOTICE. Any notice to be given under this A9reement by either party to the other shall be in writing and may be affected by registered or certified mail, return receipt requested, Notice to Wife will be sufficient if made or addressed to the following: Joan K, Robinson 491 Highland Court Carlisle, PA 17013 and to Husband, if made or addressed to the following: William T, Robinson 18 Fulton Avenue Stewartstown, PA 17363 Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 14, APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 15. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on -15- which the Agreement was signed by the last party to executEl this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 16, EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT. This Agreement shall remain in full force and effect even if the palrties effect a reconciliation, cohabit as Husband and Wife or attempt to effect a reconciliation, This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 17, HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely of convenience of reference and shall not constitute a part of this Agreement nor shall they effect its meaning, construction or affect. 18. AGREEMENT BINDING ON PARTIES AND HEIRS, This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 19. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including other documents to which it refers; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreemEmts between the parties. -16- This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 20, MUTUAL COOPERATION. Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 21, AGREEMENT NOT TO BE MERGED, This A9reement shall remain in full force and effect in the event of the parties' divorce. This Agreement shall not be merged into said decree, The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are not waived or released by this Agreement. WITNESS WHEREOF, the parties hereto set their hands and seals on the dates &-,!; 7 . ~ , Robinson, Wife '?-Uf JJdMivJ11- ITNESS , U;~~:~ William T. Robinson, Husband -17- COMMONWEALTH OF PENNSYLVANIA COUNTY OF (u..!U6d ( %d- BEFORE ME, the undersigned authority, on this day personally appeared JOAN K. ROBINSON, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed, , ~ ", GIVEN UNDER MY HAND AND SEAL OF OFFICE this J' day of ~H({/(Jx{. 2005, ~ '; Notarial Seal Kristee K. Myers, Not.ary Public Lemoyne Boro, Cumberland County My Commission Expjres Dee, 2, 2006 Member. Pennsylvama Associatlon Of Notaries -18- . ' COMMONWEALTH OF PENNSYLVANIA COUNTY OF U~ BEFORE ME, the undersigned authority, on this day personally appeared WilLIAM T, ROBINSON, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. .lfVl~ 2005, ~ COMMONW OF PENNSYLVANIA Notarial Seal Michelle C. Annour, Notary Public City of H8Ilisburg, Dauphin County My Commlsslon ExpIres Oct, 2, 2009 -19- ("> .....' c;::>- = w, co r-tl C'") :"'-' rv ~~ o 'TI ::;1 61(2 -uLn f}'___j ;'~, !.. ~;\ :!; . '.'1 ), -) ~;rn :::~ ".~ .< u.l 'i'"",) C;) JOAN K. ROBINSON, IN THE COURT OF CCMMON PLEAS OF CUMBERLAND COUNrY, PENNSYLVANIA NO. 05-328 CIVIL TERM Plaintiff vs. WILLIAM T. ROBINSON, Defendant PRAECIPE TO TRANSMIT RECOFlD To the Prothonotary: Transmit the record, together with the following infOImation; to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c) ~of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: J\cct.'ptance of SfCrvice signE'd by Dt'fendant's counsel on January 25, 2005 and filed with this Court on January 28, 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 the plaintiff Decemb"r 15, 2005 by the defendant November 18, 2005 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: NOnE'.' The Marital Settlement AgrE"'ITknt dab'd November 18, 2005 shall bt, incorporab,d, but not ITk,rged" into the DecrE'e in Divorce~ 5. Indicate date and manner of service of the noti.ce of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code Waiver of Notice signed by Plaintiff on Dec,'mber 15, 2005 and fiIt'd on DecembtT 16, 2005 Waiver of Notice signed .by Defendant on ~~~f(t,:;am"< lC, 00" Attorney for Plaintiff/Defendant Melissa Peel GrE,evy, Esquire Attv ID # 77950 ,..., (.',? = cf' f?, C"l r" N Q. ..... :1;,"'" (h r:: "<<O~ "o.er ':.~~c.) '~::;'1 ()C) .,(:"f{\ ,:::" -c:-.~ ''-~J '':'';: ? ::;t '-P. co:) OJ '*'1I:'f.:f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'f.~~~~ ~ 'f.:f.~:f.~:f.~ ~:f.~:f.~ :f.~:f.~ ~:f.~ ,*,:f.:f.:f.~:f.~:f. :f.Cf.:f.'f. ~:f.:f.:f.~:f.:f.~:f.'f.:f.:f.:f.~:f.:f.1I:~~~~:f.~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . incoL"[.X)rab;~d, : . . . . . . . . . . . . . . . . . . . . . . . . . . Of ,.; 'f"; ~ Of ~,.; Of;+::.f.'f IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY JOAN K. ROBINSON, PENNA. STATE OF Plaintiff NO. 05-328 CIVIL TERM VERSUS WILLIAM T. ROBINSON, Defendant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DECREE IN DIVORCE .;r '-(:(iOtA, ~~;7 2005 --. AND NOW, IT IS ORDERED AND JOAN K. ROBINSON , PLAINTIFF, DECREED THAT WILLIAM T. ROBINSON , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY, . . . . . . . . . . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BE:EN RAISE:D OF RE:CORD IN THIS ACTION FOR WHICH A, FINAL ORDE:R HAS NOT YE:T BE:EN ENTE:RED; The Marital Settlo'l",nt AgreeIT'<,nt dated November 18, 2005 shall bt, but not merged, into this Decree in J?:i,Y d is enforceable as an Order of . . . . . Court as provided in 23 Pa. C.S. ~3~~5f.~ B~ ATTESTC tudt:i"2 C ::t- /-- P OTHONOTARY ~ ~:+:;t;:+: . . . . . . . . . . . . . . . . ~. . .. . :+: :+:~ 'f:+:~ .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J, ~, Qt 1';'7 ~11.1 .~d~ /..\I~ j"tft/ Qt-r1'"'''' '/...cln-U "lOj ft /'0 _ ")0/0/'&0 Joh"nson, Duffie, Stewart & Weidner By: Melissa Peel Greevy J.D. No. 77950 301 Market Street p, O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 05-328 CIVil TERM JOAN K, ROBINSON, v, CIVil ACTION - lAW WilLIAM T, ROBINSON, IN DIVORCE Defendant STlPULA TION OF THE PARTIES AND NOW, this jJ day ~06, the Plaintiff, Joan K, Robinson, and the Defendant, William 1. Robinson, hereby stipulate and agree as follows: 1, Defendant shall pay $593.43 per month to Plaintiff for child support of the parties' son, Brooks W, Robinson, born August 2, 1995, 2, Payments shall be made bi-monthly directly from Defendant to Plaintiff provided, however, that if Defendant is more than five (5) days late with a payment, Plaintiff shall be entitled to use this Stipulation as a basis to obtain a wage attachment for future payments, 3, The parties agree that the effective date of this Support Order is February 7, 2006, 4, The parties stipulate and agree that there are no arrears or past due support, 5, At his sole expense, Defendant will maintain medical and dental insurance on the parties' son, Brooks W, Robinson, 6. Plaintiff shall be responsible for the first $250,00 per year of unreimbursed medical expenses for Brooks and for herself, and Defendant is responsible for 57% percent of the unreimbursed medical expenses and Plaintiff is responsible for 43% percent of the unreimbursed medical expenses, thereafter, 7, The parties agree that the support agreement provisions of this Stipulation shall be modifiable as provided in accordance with the Pennsylvania Support Guidelines, 8, The parties agree and intend that this Stipulation shall be entered as an Order of Court. /1 kJ) I- ;_.-JP' (J/ll ,\0 )(;I1,~'lR- () Joan K, Robinson ~1lop w~~~-. William T, Robinson ,~) / -/ De6ra'Denison Cantor, Esquire :268596 , , . RECEIVED I r; I MAY ~ 1 2006 . Plaintiff ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 05-328 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE JOAN K. ROBINSON, v, WILLIAM T. ROBINSON, Defendant ORDER OF COURT AND NOW, this ;...J... day of y agreement of the parties, the attached Stipulation is hereby made into an 0 J, Dist.: ~lissa p, Greevy, Esq" 301 Marl<el Slreet, p, 0, Box 109, Lemayne, PA 17043 ,.,)'ebra D, Cantor, Esq" 100 Pine Slreel, p, 0, Box 1166, Harrisburg, PA 17108 62 :2 U J ""...r, ""',0. ' Atl L:.U..';i '"j,' U -',".: Z- 'VII. 'U'')Z J j\_" J I.; _'..'1,,'-' 'u;j ~Hl (:!T:! :.10 ~ ,'I' .' _., / Joh"nson, Duffie, Stewart & Weidner By: Melissa Peel Oreevy J.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-328 CIVIL TERM JOAN K. ROBINSON, v, CIVIL ACTION - LAW WILLIAM T, ROBINSON, IN DIVORCE Defendant STlPULA TlON OF THE PARTIES AND NOW, this 3J.. day ~06, the Plaintiff, Joan K, Robinson, and the Defendant, William T. Robinson, hereby stipulate and agree as follows: 1, Defendant shall pay $593.43 per month to Plaintiff for child support of the parties' son, Brooks W. Robinson, born August 2, 1995, 2. Payments shall be made bi-monthly directly from Defendant to Plaintiff provided, however, that if Defendant is more than five (5) days late with a payment, Plaintiff shall be entitled to use this Stipulation as a basis to obtain a wage attachment for future payments, 3, The parties agree that the effective date of this Support Order is February 7, 2006. 4, The parties stipulate and agree that there are no arrears or past due support. 5. At his sole expense, Defendant will maintain medical and dental insurance on the parties' son, Brooks W, Robinson. ~. . . f ,"" . 6. Plaintiff shall be responsible for the first $250.00 per year of unreimbursed medical expenses for Brooks and for herself, and Defendant is responsible for 57% percent of the unreimbursed medical expenses and Plaintiff is responsible for 43% percent of the unreimbursed medical expenses, thereafter. 7, The parties agree that the support agreement provisions of this Stipulation shall be modifiable as provided in accordance with the Pennsylvania Support Guidelines, 8. The parties agree and intend that this Stipulation shall be entered as an Order of Court, w~~b..... William T, Robinson ~I.fIOh ~ k'1intxj,~! Joan K. Robinson :268596 . -, ~::; d"" $ ~;; ,-:, ,;:"n -::} \ -0 C) .. o 0'