Loading...
HomeMy WebLinkAbout05-2859 WARREN A. ROBINSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. tfk>:J S"- :JSsr ELIZABETH F. ROBINSON, 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 grounds 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 Cumberland County Courthouse, I Courthouse Square, Carlisle, P A 17013. 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, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 717-249-3166 WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG, PA 17257-1397 WARREN A. ROBINSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 00'- ~H'1 ~ T~ ELIZABETH F. ROBINSON, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the above named Plaintiff, Warren A. Robinson, by and through his attorneys, Weigle & Associates, P,C" and Jerry A. Weigle, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff, Warren A. Robinson, is an adult individual presently residing at 1 North High Street, Newburg, CwnberIand County, Pennsylvania 17240, since 1987. 2, Defendant, Elizabeth F, Robinson, is an adult individual presently residing at 1 North High Street, Newburg, CwnberIand County, Pennsylvania 17240, since 1987. 3, The Plaintiff and Defendant are nationals and citizens of the United States of America, and both have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of the Complaint in Divorce. 4. The Plaintiff and Defendant were married on December 21, 1984, in Chambersburg, Franklin County, Pennsylvania. 5, There have been no prior actions of divorce or for annulment between the parties. 6, Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the court require the parties to participate in counseling, 7, The marriage is irretrievably broken. 8, The parties have lived separate and apart since May 25, 2005. 9. The Plaintiff requests the court to enter a decree of divorce, WEIGLE & ASSOCIATES, p.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled. WEIGLE & ASSOCIATES, P.C. B eigle, EsqUire ttorney or Plaintiff Attorney ID #01624 126 East King Street Shippensburg, P A 17257 Telephone 717-532-7388 WEIGLE & ASSOCIATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce 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. D'''' ~ J} zm5 ~,~ Warren A, Robinson, Plaintiff WEIGLE & ASSOCIATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 / (? "" c:-;) C) r: \:..~ .1 ... ' ~.rl -0 ~ ~ -4> -;-' 0 n~ I --- '& N - J\, ~ -r:J ~ -C. '?>- ... E- 1'0 (~ ..- ~ " .'. C" o. ~ , r:- WARREN A. ROBINSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2005-2859 ELIZABETH F. ROBINSON, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Patricia A. Frey, being duly sworn according to law, deposes and says that on June 8, 2005, a true and attested copy of Complaint in Divorce and Notice to Defend and Claim Rights was served upon the Defendant, Elizabeth F. Robinson. Manner of service: by mailing the same postage paid, certified mail, addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: Mrs. Elizabeth F. Robinson 1 North High Street PO Box 209 Newburg, P A 17240 The return receipt signed by the Defendant is evidence of delivery to her and is attached hereto as "Exhibit A." /..... pa1~~/~;;:J~a1 Sworn to and subscribed before me this 8th day of June, 2005. ~k~ I<.IC~ Notary Public NOWIW.IIAL PATRICIA L TOMe Notafy PublIc st.'SI6IlJlG8CRlJGH, ClJ.tlERl.AtI)COlMY My CommIIIIon ElcplreI Jw\ 7. 2008 WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHtPPENSBURG. PA 17257.1397 WARREN A. ROBINSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2005-2859 ELIZABETH F. ROBINSON, Defendant IN DIVORCE PROOF OF SERVICE I"- cO ru [T'" U.S. Postal Service!M CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) [T'" Cl .::r- [T'" * ~o m ~6-u.) Cl Cl CI Postage $ .G,o )...30 I. '75 3.50 $ 8'./5 / I ..-< ,.. ~:;;'''''''''~ .....l~:..; >........-,~ ,,..- / ~~ark .~Zt;;', \,:,.~ere.. $ l~ \~,,f;;(i ! C , , :"- /' . . '\,J:....~. / ~::! r' _~_ ....., "" '--~ Cent/led Fee Return Reclept Fee (Endorsement Required) CI Restricted Delivery Fee LrJ (Endorsement Required) I"- Cl Total Postage & Fees .::r- CI ent To ~ =........~!j.?:~j;}'1_b___E:..Bg_Q_~n~Q~..m..m..m..m..m I - ;:>lreet, Apt. No,; ~.'::.'?~~!:~:.J.m~~_..t\K}~m_~'tL_m__?Q__~_~_L_~.Q..9u._. City, State, Z/~ e.1J.) 'aU {' P f\ I '7 ~ 4 0 1. Article e "'~O:be'\- '" F- i=<'o b : t'\ ~ 0 ("'I \ 100 r{h ~\t:)" st\~et 'PO ~Ol' OloCl tle.wbut"'') I pA \r'l'd..L\O 3. !rvice Type Certified Mail 0 Express Mail Registered ~ Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number (Transfer from sen 7004 0750 0003 9409 9287 4- fD 050.::rW i PS Form 3811. February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT nAn WEIGLE & ASSOCIATES, P.Co - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 r-') g (;.r1 ~ :;.:: ~ ~-f1 01 c.: -1-1tD. -;'lY ':.'J C,) ~~:;S '~~Sr' {;.~)} . "----\ ::;.~ ~ - o :r: ~ o ., - "p WARREN A. ROBINSON, Plaintiff ; IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION. LAW : NO, 2005 . 2859 ELIZABETH F, ROBINSON, Defendant ; IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jane Adams, Esquire as Attorney of record for Elizabeth F, Robinson, Defendant, in the above-captioned matter, Respectfully Submitted: D'" tp(;ro/oi} an Adams, Esquire L , No, 79465 4 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT - (') ~:;: t~;: ....-, = = "" <- ~~ ..d;;. o -n -< :1:,1 n1p .-,IT. \., C:J ':'0 I i:J.C) ~-.-, ---q <~~(~ ':,-::;'rn c-' .:=-; ~:~ 0-' r:,,? CD WARREN A ROBINSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2005 - 2859 ELIZABETH F, ROBINSON, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT L A complaint in divorce under section 3301(c) of the Divorce Code was filed on June 2, 2005. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3, I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: \ 2-- - \ - 0 5""' -.' /1 ~hJ~ D~ Elizab WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 6330Hc) AND 6330Hd) OF THE DIVORCE CODE I. I consent to entry of a final decree of divorce without notice, 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. 4/ [)~ Date: \"2-- \- oS- :-'''-' '-- c. -' \"'; WARREN A. ROBINSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2005-2859 ELIZABETH F. ROBINSON, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under S3301(c) of the Divorce Code was filed on June 2, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3, I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the decree, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S, S 4904 relating to unsworn falsification to authorities, Dated: I;' -JCj. 05 ~(AIl~ Warren A. Robinson, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) AND & 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, S 4904 relating to unsworn falsification to authorities. Dated: / cJ - Ol q - 0.<:) ~A 12~ Warren A. Robinson, Plaintiff WEIGLE & ASSOCIATES. Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 "" '=~ <.j'l ') ';, --I *~ ;-.-.~ 'jc;; ,~C) ~ ~i! ')-;:;;,: . "..! ")'-1' '.:~- ( o r~'l (--... C,,) C.J -T'] r;: \...0 "'Jj :< Page 1 of 12 I MARITAL AGREE1liENT ,vet , \ I 11' [S AGREEMENT, made this _ C day of ..1,LQJ.,o~C~W ' 2005, by and between Warren \. Robinson, hereinaftcr referred to as Husband, of 1 North digh Street, Newburg, Cumberland County, Pennsylvania 17240, and Elizabeth F. Robinson, hTeinafter referred to as Wile, of L ~97(A) Roxbury Road, Shippensburg, Franklin County. PenJlsyl ania 17257. WITNES~ ETH: WHEREAS, the parties hereto are Husband and Wife, hav1l1g been married on Dccember 21, 1984, in Chambersburg, Franklin County, Pennsylvania, with two (2) children having been born of the marriage, namely, Seth B. Robinson, born November 15, 1985, and Logan A, Robinson, born May 20, 1991; and WHEREAS, diverse unhappy differences, disputcs and difficulties have arisen betwecn the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling some of their respective financial and property rights and obligations as betwcen each other including, without limitation by specification: the equitable division of marital property; and the settling of all matters between them relating to the past, present and future support, alimony and lor maintenance of Wife by Husband or of Husband by Wife. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hercby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and ab'Tee as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds, if such grounds exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation, on the part of either party hereto, of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Pennsylvania Divorce Code of 1980, as amended. 2. EFFECT OF DIVORCE DECREE The parties agree that unless othcrwise specifically providcd herein. this Agreement shall continue in full force and effect after such time as a final decrcc in divorce may be entered with rcspect to the parties. WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 2 of 12 I ~ i 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement may be incorporated into any divorce decree, which may be entered with respcct to them. 4. DATE OF EXECUTION The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties !f they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Jerry A. Weigle, Esquire, for Husband, and Jane Adams, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable 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 collusion or improper or illegal agreement or agreements. 6. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart, They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, They may reside at such place as they may select Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment, which to him or her may seem advisable, Wife and Husband 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. 7. SEPARATION DATE The parties do hereby acknowledge that they separated on May 25, 2005. It is hereby agreed that May 25, 2005, shall be the separation date for purposes of equitable distribution under the Pennsylvania Divorce Code unless altered by subsequent agreement of the parties in writing and signed by each of the parties, No attempt at reconciliation shall be considered to alter the separation date unless evidenced by written agreement 8. MOTOR VEHICLES WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 3 of 12 A. The parties agree that Wife shall become the sole and exclusive owner of the parties' 200 I Dodge Intrepid motor vehicle. Husband shall execute any and all documents necessary to place title in Wife. Wife shall be solely responsible for all payments on the automobile loan for the said vehicle with the Commonwealth Bank (Loan #0121212006400) and shall refinance said vehicle loan in her name alone within thirty (30) days from the execution of this Marital Agreement. B. The parties agree that Husband shall become the sole and exclusi,e owner of the parties' 1987 and 1996 Dodge pick-up trucks, Wife shall execute any and all documents necessary to place title in Husband, C. The parties hereto agree that Husband shall pay Wife the full sum of Thirty-two hundred ($3,200,00) Dollars for Wife's interest in the above-referenced pick-up trucks immediately upon Wife's refinancing of the 2001 Dodge Intrepid vehicle, 9. PERSONAL PROPERTY A. The parties hereto agree that all of the items identified in a typed two (2) page list attached hereto and made a part hereof shall become the sole and exclusive property of Wife. B. Husband and Wife do hereby acknowledge that with the exception of the items specified in Paragraph A they have previously divided their tangible personal property, including but not limited to jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, vehicles, pictures, books, works of art and other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife, The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items, which shall become the sole and separate property of the other. 10. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, 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 not married, 11. REALESTATE The parties hereto acknowledge and agree that they are owners of a home residence known as I North High Street, Newburg, Cumberland County, Pennsylvania, For and in consideration of the mutual covenants and agreements herein contained in the body of this instrument, Husband and Wife further stipulate and agree that said real estate shall be retained by Husband. In WEIGLE & ASSOCIATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 " Page 4 of 12 consideration of the mutual covenants and agreements herein contained in the body of this instrument, Husband shall pay Wife the full sum of Nineteen Thousand ($19,000,00) Dollars within thirty (30) days of the execution of this marital Agreement and shall cause the parties' mortgage at M&T Bank (formerly Allfirsl Bank) to be refinanced so as to remove Wife's name from any liability therefor. 12. WAIVER OF SPECIFIED CLAIMS BY WIFE Wife hereby waives any and all right to claim any interest or share in Husband's pension benefits through the Beistle Company and agrees to execute any and all documents to release any interest in the same that she may have. 13. WAIVER OF SPECIFIED CLAIMS BY HUSBAND Husband hereby waives any and all right to claim any interest or share in Wife's pension benefits through the United States Government (Letterkenny Army Depot) and agrees to execute any and all documents to release any interest in the same that he may have, 14. M&T BANK CARD The parties hereto agree that Wife's name shall be removed from the M&T Bank MasterCard card ending in #6239 immediately upon the execution of this marital Agreement. Wife agrees to execute any and all documents which may be required to remove her name from the above-referenced M&T Bank card, 15. WARRANTY AS TO EXISTING OBLIGATIONS Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. WEIGLE & ASSOCIATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 5 of 12 16. WARRANTY AS TO FUTURE OBLIGATIONS Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur a liability whatsoever for which the estate of the other may be liable. 17. LEGAL FEES Husband shall pay the cost of legal fees incurred in preparation of this marital agreement and all legal fees and court costs in connection with obtaining a 3301(c) No-Fault Divorce. Wife agrees to cooperate by executing the necessary consents and other documents required to effectuate said divorce, as requested by Husband's attorney. It is further agreed that Wife shall pay her own legal fees incurred with regard to the review of this agreement and her representation in the divorce action previously filed by Husband. 18. CUSTODY AND SUPPORT OF MINOR SON A, The parties hereto agree to a shared legal and residential custody agreement with respect to Logan A, Robinson who is presently fourteen (14) years of age. Periods of residential custody shall be agreed upon in advance as has been the Husband and Wife's custom since the date of separation. Husband and Wife have specifically agreed that wife shall exercise primary residential custody of Logan each Christmas Eve beginning at 4PM and ending on Christmas Day at4PM. B. The parties hereto agree to share maintenance expenses incurred for the health, support and maintenance of the said Logan A, Robinson as has been their custom since the date of separation. C. The parties hereto shall each be responsible for providing transportation for Logan to his respective residence. D, Either party shall have the right to file the appropriate custody and/or support action in the Court exercising appropriate jurisdiction in the event that a dispute arises relative to custody and/or support matters that cannot be amicably resolved. 19. INCOME TAX RETURNS AND DEPENDENCY EXEMPTIONS A. Should Husband and Wife be legally married as of December 31, 2005, both agree that joint federal and state tax returns shall be filed for calendar year 2005 and that any tax refund(s) due thereon shall be divided equally. WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET ~ SHIPPENSBURG, PA 17257-1397 ., Page 6 of 12 B. Should a divorce decree be entered during the remainder of calendar year 2005, Husband and Wife agree that Husband shall claim Logan as a dependent and take allowable joint deductions where applicable on his 2005 tax returns provided that he share equally with Wife the monetary benefit of any such deduction, Wife permits Husband to claims that he would not otherwise be entitled to, The tax preparer previously utilized by Husband and Wife shall calculate any such payment to be made by Husband to Wife. C. Beginning the tax year 2006, Wife shall claim the dependency exemption for Logan for even numbered calendar years and Husband shall claim Logan for odd numbered calendar years, 20. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatsoever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower, courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 21. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature, 22. DIVORCE The parties hereto agree to enter into a mutual consent divorce under Section 3301(c) of the Pennsylvania Divorce Code of 1980, as amended. Husband al,'Tees to pursue the present divorce action filed to No, 2005-2859 Civil. in the Court of Common Pleas of Cumberland WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 7 of 12 County, Pennsylvania, and to be the Plaintiff therein. Wife agrees to sign the necessary documents, including the Affidavit of Consent, at such time after the ninety (90) days of filing of the Complaint and further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement 23. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all future instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement 24. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsyl vania. 25. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 26. 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 or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment oflegal fees and costs incurred by the other in enforcing their rights under this Agreement 27. WAIVER OF ALIMONY AND OTHER RIGHTS The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under and pursuant to the Divorce Code, Action of April 2, 1980, Number 1980-26, as amended, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and except as specifically provided for in this agreement, hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. From the date hereof, each party may acquire either personal or real property in their own name, Any property so acquired shall be owned solely by the individual and shall not be subject to any claim whatsoever by the other party. WEIGLE & ASSOCIATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ., Page 8 of 12 28. FINANCIAL DISCLOSURE The parties confirm that they have relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution ofthis Agreement. 29. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 30. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 31. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provisions shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties, 32. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 33. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, 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, WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 '. Page 9 of 12 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: fJdvb.~ /~ f~ '/0=- . I A6i/ ' IY~~. _ . DtM'tJt'-.J Warren A. Robinson i21'1tuA / /1 WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 '. Page 10 of 12 Personal Pronertv to be Retained bv Wife Per Paral!ranh 9 of Marital Al!reement Wooden wagon & all plush bears Coffee table-water fountain and items on table I lamp I wooden rocker 2 butterfly blankets and pillow Pictures from walls My homemade wooden things Candles All Boyds resin and plush All Longaberger and other baskets 2 China closets and stuff in them Treadle sewing machine Milk bottles Crocks I bread box I lazy susan Cutco: pots and pans Sharp knives Big utensils Silverware Cutco set (Cutco was all mine prior to marriage) Corelle dishes/glasses/meat plate Some ofthe Tupperware/storage dishes Pyrex that is mine Clock [ made and other stuff of mine off mantle Butterflies and wooden case Stereo Old scales Pictures and shelves from walls Basket from in front of fireplace My coffee mugs Pictures from up the hallway (Elizabeth's family) CD's DVD's Some of the VHS tapes TV from master bedroom VCR from master bedroom DVD player from master bedroom WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 '. Page 11 of 12 I of the Christmas trees Christmas ornaments 35 mm camera (Elizabeth's) Tin canister set and other tins in the kitchen Copy of Seth's eagle scout ceremony and maybe other copies of videos of boys Wooden butterfly coat hanger Bookcase with glass doors - fix bottom door? My books/Bibles My yearbooks Toys of mine from childhood that are in the attic Mixer and whatever else may be mine in the attic or basement Bed and headboard I alarm clock Cedar chest Chest of drawers Full length mirror Jewelry Clothes Pictures Stuff by chest of drawers and behind full length mirror Hair dryer Curling iron Some towels and washcloths My stuff from closet in bathroom Sewing machine Sewing basket Blankets of mine that are on chest Things that are mine from computer desk and file cabinet Flags and holders (small and large) Flower pots Wreaths Decorations for porch Suitcases I snow shovel Macrame lawn chair I made I of the fold up chairs Couple of apple crates Bench from porch Birdhouse from porch Flower from porch I used air conditioner (window) END OF LIST WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 12 of 12 COMMONWEALTH OF PENNSYLVANIA : S5 COUNTY OF CUMBERLAND On this, the ,-r day of N cw f\'\ bM , 2005, before me a Notary Public, the undersigned officer, personally appeared Warren A. Robinson, known to me to be the person whose name is subscribed to the within Agr~ement and acknowledged that he executed the same for the purposes therein contained. .. NOTARIAL SEAL Jerry A Weigle, Notary Public Shlppensburg, PA Cumberland County M Commission Expires October 7,2006 (SEAL) , IN WITNESS WHEREOF, I have herSl7mto set my hand and seaL;' . .. VIV\ CA tV. .,_\,ij; { , , oJ .... / /,."(...\ ' '1/ ,', " !~,.' _J f(' .', ; '. ~ ' 'I-~ r,,'.. , , COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the JOel. day of Nolten-./vA , 2005, before me a Notary Public, the undersigned officer, personally appeared Elizabeth F. Robinson, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained, I IN WITNESS WHEREOF, I have herw:to set my hand an~ seh '/01 U1 l,"v II \. , (SEAL) NOTARIAL SEAL J.rry A, Weigle, Notary Public Ilhlpptlna\lurg, I'll Cumberland (',ounty M'L Otlmmlll810n F0pires October 7, 2006 ,'\' Ii " '. 1,';]/ (rt: .,- ,":' it) -'.' ,--,: ; ~~ :,:..... I, 'f"" " , WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT L.AW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ~,..' (. ......:. ( .-., 1- .) WARREN A. ROBINSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2005-2859 ELIZABETH F. ROBINSON, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: L Grounds for divorce: irretrievable breakdown under S 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: June 8, 2005, by mailing postage paid, certified mail, addressee only, and return receipt requested at Shippensburg, Pennsylvania. 3. Date of execution ofthe affidavit of consent required by S 3301(c) ofthe Divorce Code: by Plaintiff, December 29, 2005 ; by Defendant, December I, 2005. 4. Related claims pending: The attached Marital Agreement between the parties dated November 2, 2005, shall be incorporated but not merged into this Decree in Divorce pursuant to the said Agreement 5. Date Plaintiffs Waiver in S 3301(c) Divorce was filed with the prothonotary: Decerober 30, 2005 Date Defendant's Waiver of Notice in S 3301(c) Divorce was filed with the prothonotary: December 5, 2005. W~IGLE & ASSOCIATES, P.c. (' C) I fA 0 "le I A. Weigl Esquire Att rney for Plaintiff Attorney ID #01624 126 East King Street Shippensburg, P A 17257 Telephone (717)532-7388 WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 () ~-n ~ ~^T} 7".'~ :-:,":01 c::: cr\ ,",,"" -' . . . ... Of. :t:;t: '" ;f. :+::f. "'''' '" "';f. "''''''';f.''':f. if. if. ;+::;f.;+::;f.;+:;f.;+,,., . . . . . . . . . . . . . . . . . . . . . . . . . . .. ;+: ;+: "'it: .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNA, STATE OF WARREN A. ROBINSON, No, 2005-2859 PLAINTIFF VERSUS ELIZABETH F. ROBINSON, DEFENDANT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DECREE IN DIVORCE 1~~ ~ IZ- , UP" , IT IS ORDERED AND AND NOW, WARREN A. ROBINSON , PLAINTIFF, DECREED THAT ELIZABETH F. ROBINSON , DEFENDANT, AND 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 ATTACHED MARITAL AGREEMENT BETWEEN THE PARTIES DATED NOVEMBER 2. 2005 SHALL BE INCORPORATED BUT NOT MERGED INTO THIS DECREE IN DIVORCE PURSUANT TO THE SAID AGREEMENT. 0"'41 PROTHONOTARY . . . . . . '. . . . . . . . . . '" Of. Of. :of. 'I' . . J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' ~ .Ji 4' ,r.?~ "/ J"n? .1'- /tp' ,7'7" .J?' ',,~ ref; iTJ :z ~JT' ,;,t!/ /$:/ t~{J ,I '!() {j / '7';' j.l /