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HomeMy WebLinkAbout05-2358 WALTER D. DEIBLER, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA OS- - ..z 3 S-1 ~,J.J.M- NO. TINA D. DEIBLER, DEFENDANT IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High streets, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 WALTER D. DEIBLER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-2358 CIVIL TERM TINA D. DEIBLER, DEFENDANT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 9, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42 (e) I have waived the requirement that I receive notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 8- 182005 ~~~J2~~!lJ WALTER~DEIBLER ~ (j'> \'" :;:" ~. .-l ~-r"\ rne -<:,(\'1 ~flq cy;;]. ..-0 ctS:11 ~ ':-:t~ ',S ~,A ~ ...;; "" c:P ~ ~ WALTER D. DEIBLER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-2358 CIVIL TERM TINA D. DEIBLER, DEFENDANT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 9, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42 (e) I have waived the requirement that I receive notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: ~'^-) ~ J s4 JoO..s ..;g:: \)\~ TINA D. DEIBLER ~ ';;i!. ~ ~ G) r,) - - r -0 ..-;~ ..- ~ ~:I) fi;:;] ~Q "OJ ~ ~:;r:~~~\ C).l") '(.tn l~?\ :B: ~ r:;.? N cP MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ;2o'K. and between WALTER D. DEIBLER, "Husband") and TINA D. DEIBLER, "Wife") . day of -:J Jy , 2005, (hereinafter referred to (hereinafter referred to by as as WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on March 21, 1984; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly-owned assets, the provisions for their liabilities and provisions for the resolution of their mutual differences, after both have had free and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1 . SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission by either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2 . INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. DIVISION OF PERSONAL PROPERTY The parties have equitably divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. 4. AUTOMOBILES Each party is to keep their respective vehicles. Husband shall have all right and title to the 1997 Nissan Quest. He shall maintain insurance on his vehicle and be responsible for all maintenance, liens and other payments related thereto. Husband shall indemnify and hold Wife harmless for all matters related to his vehicle. Wife shall have all right and title to her 1997 Dodge Status. She shall maintain insurance on her vehicle and be responsible for all maintenance. Wife shall indemnify and hold Husband harmless for all matters related to her vehicle. 5. DIVISION OF REAL PROPERTY The parties marital residence at 120 S. locust street, Shiremanstown Cumberland County is to be transferred to Husband. Husband shall refinance the marital mortgage on the real estate. Wife shall sign the deed and any other documents required by Husband's financial institution to place the marital home solely into his name. At settlement, or at the signing of this Agreement, whichever is later, Husband shall pay Wife $22,000.00. 6. FINANCIAL ACCOUNTS, STOCKS, BONDS AND INVESTMENTS The parties have fully disclosed their marital financial assets. The parties agree that Husband shall have possession of his checking and savings accounts with Member's l't FCU, his Edward Jones retirement account, his Prudential retirement annuity and his ING retirement account. The parties agree that Wife shall have possession of the Joint Prudential mutual fund and M&T account, her M&T personal account, her U.S. Treasury savings bonds and her 401(k) retirement account at Footlocker. In addition, at the settlement on the marital home or upon signing of this Agreement, whichever last occurs, Husband shall pay Wife $6,000.00. Each party shall be liable for any tax consequences related to the sale or exchange of their accounts, real estate, stocks or bonds or other assets under their control. Each party shall maintain their separate accounts and investments as set forth in this agreement and hereby releases any interest they may have in the other's accounts or investments and shall sign all documents required to distribute the assets as set forth in this agreement. 2 The parties agree that the distributions of assets as set forth above is a fair and equitable division of their marital assets considering all the factors set forth under the Pennsylvania Divorce Code. 7. MARITAL DEBTS Husband shall be responsible for all debts solely in his name, specifically including the marital debt of his student loan, and Wife shall be responsible for all debts solely in her name, specifically including the marital debt of the M&T line of credit. Each party agrees to indemnify and hold the other harmless for any debt that they are responsible for pursuant to this Agreement and shall take any action required to remove the other from responsibility for a debt as set forth in this Agreement. 8. PENSION AND RETIREMENT ACCOUNTS The parties' pension and retirement accounts are included in paragraph 6. Husband and Wife shall maintain their separate pension and/or retirement accounts. Husband relinquishes any and all rights he may have in Wife's pension or retirement accounts and Wife relinquishes any and all rights she may have in Husband's pension or retirement accounts. 9. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE up any support, Each party hereby waives, releases, discharges and gives rights either may have against the other to receive alimony pendente lite or alimony. 10. FILING OF IRS RETURN Husband and Wife agree to separate tax returns. 11 . DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage that Husband has filed, Cumberland County Court of Common Pleas, docketed at 2005-2358. Upon expirati9n of the mandatory 90-day waiting period, August 16, 2005, the parties shall sign and allow to be filed the documents necessary to obtain an uncontested no-fault divorce. 12. ATTORNEY FEES Each party shall be responsible for their respective attorney fees and costs. 3 13 . INCORPORATION This agreement is to be incorporated into any subsequent Decree in Divorce. 14 . CONTINUED COOPERATION The parties agree that they will wi thin fifteen days after the execution of this agreement, or request of the other party, execute any and all written instruments assignments, releases, deeds or notes or other writings as may be necessary or desirable for the proper effectuation of this agreement. 15 . 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, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 16. VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Each parties has had the opportunity to review this agreement and their legal rights with an attorney. 17. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator/executor of the other's estate. 18. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 4 19. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities 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. 20 . PRIOR AGREEMENTS It is understood and agreed that any prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void. 21 . ENTIRE AGREEMENT This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 23. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties set their hands and seals 0~tiI/O~~1^~ W1.tn s 7- :26- ;Z0(J~ Date ALl witness r2. k ,,6/J 7/1'1/ OJ Date ;L.- ~ U~~ TINA D. DEIBLER 5 Commonwealth of Pennsylvania: County of C"''''' be,.- I",... 01 ss PERSONALLY APPEARED BEFORE ME, thisb(.O day of ~ ,2005, a notary public, in and for the Commonwealth I6f ~ylvania, WALTER D. DEIBLER, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEAI.TH OF PENNSYI.VANIA Notarial Seal Oenyce L Baugnman, Nolary Public MechaniCSburg Bora, Cumbenand County My Commission Expires Jan, 8, 2008 Member, Pennsylvania ASSOciation Of Notaries cDfJ~//o ?i ~~ Notar Public Commonwealth of Pennsylvania: County of tuH/JeL/aJ ss PERSONALLY APPEARED BEFORE ME, this/fli day of 00./'1 ,2005, a notary public, in and for the Commonwealth of Pennsyfvania, TINA D. DEIBLER, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. JJ~ t2 D-M Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wanda A Lebo, NotaJy Public Hampden Twp., Cumbel1and CW1Iy My Comrnis,)ion Expires "'Pr. 23. 2009 Member, Pennsylvania Association ot Notaries 6 --- <2. ~ ~ .,-:::'" C-~; '-' ,-...> :;:" ..,. o "" -;;\ "" ~ {'\ '?: \ (~, :9)0 ("),() . ~l ' ;t~?, ~~ :,.... l';? r'" c:P 'Ji) -,4 - WALTER D. DEIBLER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-2358 CIVIL TERM TINA D. DEIBLER, DEFENDANT IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On May 16, 2005 by Acceptance of Service. 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: By Plaintiff, August 18, 2005; By Defendant, August 21, 2005. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in 5 3301(c) divorce was filed with the Prothonotary on August 24, 2005. Date Defendant's Waiver of Notice in 5 3301(c) divorce was filed with the Prothonotary on August 24, 2005. ~~D.~ Thomas D. Gould, Esquire Attorney For Plaintiff Q ...., l~ "'-0 c.r< ".. C GO<) !") ~ o -n ~-n f11p -.orn :91:' '~~) ~.~~ '7,~-,'1 ~:~(,"'S -''''"-l'~n '~-) -I ~t~" :n .-< -u -"'" r;;> N U) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+::+i:+::+i:+::t: .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF WALTER D. DEIBLER, PENNA. Plaintiff No. 05-2358 CIVIL VERSUS TINA D. DEIBLER, Defendant AND NOW, DECREE IN DIVORCE ~30 c:r '1/6( f'/V) , ~~IT IS ORDERED AND DECREED THAT WALTER D. DEIBLER , PLAINTIFF, AND TINA D. DEIBLER , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, If.:+::+':f'+' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 MARRIAGE SETTLEMENT AGREEMENT DATED JULY 20, 2005 IS HEREBY INCORPORATED .. IN DIVORCE. mmf~ PROTHONOTARY . . .. :+: Cf'f'f'f Of;+: :+i'f.:f'f:+: . . . . . . . J. . . . . . . . . . . . . . . . . . . . . . . ..' .4if ~ ~ ~ .5O"U ~ Y 7- ~ k..6v;P9 51? d . " lit, ~. '\ ... ..,"C"