HomeMy WebLinkAbout05-3639
ROBERT G. DESPEAUX,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 6~-3W? CiUL(~~
KIM A. DESPEAUX,
Defendant
CIVIL ACTION - LA W
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 in 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 divorce is indignities or irretrievable breakdown of
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary, Cumberland County Courthouse, One
Courthouse Square, 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 ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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
MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELEGlBLE PERSONS AT A REDUCED
FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PAl 70 13
Telephone: (717) 249-3166
A VISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea
defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe
tomar acci6n dentro de [os pr6ximos veinte (20) dias despues de la notificaci6n de esta
Demanda y Aviso radicando personalmente 0 par media de un abogado una
comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes
a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de
tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo
por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0
remedio solicitado par el demandante puede ser dictado en contra suya por la Corte sin
mas aviso adicional. U sted puede perder dinero 0 propiedad u otros derechos importantes
para usted.
US TED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO
INMEDlA T AMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 V A Y A A
LA SIGUIENTE OFlCINA. EST A OFICINA PUEDE PROVEERLE INFORMACION
A CERCA DE COMO CONSEGUIER UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN
ABOGADO, ES PO SIBLE QUE ESTA OFICINA LE PUEDA PROVEER
INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN
CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, P A 17013
Telephone: (717) 249-3166
ROBERT G. DESPEAUX,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLANDCOUNTY, PENNSYLVANIA
v.
NO. 0 S; - .]&,3/
CIVIL ACTION - LAW
IN DIVORCE
CiUI-L1CCfl-l
KIM A. DESPEAUX,
Defendant
COMPLAINT IN DIVORCE
I. The Plaintiff is Robert G. Despeaux, an adult individual currently
residing at 3 Sgrignoli Lane, Enola, Cumberland County, Pennsylvania, 17025.
2. The Defendant is Kim A. Despeaux, an adult individual residing at
4270 Wertzville Road, Enola, Cumberland County, Pennsylvania. 17025.
3. Plaintiff and Defendant have been bona fide residents in the
Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately
previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on May 27, 1988, in Duncannon,
Perry County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the
parties in this or any other jurisdiction.
6. This action is not collusive.
7. Plaintiff and Defendant separated on or about July 10,2004.
8. The causes of action and sections of the Divorce Code under which
Plaintiff is proceeding are:
A. Section 3301(c) - The marriage of the parties is irretrievably
broken.
B. Section 3301(d) - The marriage of the parties is irretrievably
broken. The parties separated on or about July 10,2004.
9. Plaintiff has been advised of the availability of marriage counseling
and understands that he may request that his spouse and he participate in counseling.
10. Plaintiff does not request that the Court require that his spouse and he
participate in counseling prior to a divorce decree being handed down by this Court.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter
a final decree in divorce.
Date:
{ / / L( l-r ("
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Respectfully submitted,
THE LAW OFFICES OF
SILLIKER & REINH D
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Mark T. Silliker, Esquire
5922 Linglestown Road
Harrisburg, P A 1711 2
(717) 671-1500
LD. No. 33671
Attorney for Robert G. Despeaux
AFFIDAVIT
1,
hereby certify that the aforegoing is true
and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to
unsworn falsifications to authorities.
Dated:
1(13/65
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ROBERT G. DESPEAUX,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLV ANI!\
v.
No. 05-3639 CIVIL TERM
KIM A. DESPEAUX,
Defendant
CIV1L ACTION - LA W
IN DIVORCE
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on July 18,2005.
2. The marriage of the Plaintiff and Defendant is irretrievably broken. and
ninety days have elapsed since the date of filing and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce after service of
notice of intention to request entry of the decree.
1 verify that the statements made in this Affidavit are true and correct. ,
understand that false statements herein are made subject to the penalties of 18 Pa.(' .S. ~
4904, relating to unsworn falsifications to authorities.
Date:
i~ 3C[5
-KII\ i Ii tC t{)((] LL ~
Kim A. Despeaux .
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ROBERT G. DESPEAUX,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 05-3639 CIVIL TERM
KIM A. DESPEAUX,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c)
OF THE DIVORCE CODE
I. I consent to the entry of a final Decree in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division or
property, lawyer's fees or expenses if! do not claim them before a divorce is granted.
3. 1 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.
1 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 ] 8 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
Date:
IX ~7(()5
l/){ry; J10.nlxaL{)(
Kim A. Despeaux'
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MARRIAGE SETTLEMENT AGREEMENT
By and between
Robert G. Despeaux
- AND -
Kim A. Despeaux
Dated:
/,Sj - dO
,2005
INDEX
PAGE
I. Divorce and Separation................................................................ 4
2. Division of Property..................................................................... 4
3. Child Custody.............................................................................. 6
4. Income Tax Prior Returns............................................................ 6
5. Execution of Additional Documents ........................................... 7
6. Transfers Subject to Liens ........................................................... 7
7. Complete Listing of Property ...................................................... 7
8. Equitable Distribution of Property.............................................. 7
9. Relinquishment of Ownership ..................................................... 8
10. After-Acquired Property.............................................................. 8
II. Debts............................................................................................. 8
12. Bankruptcy................................................................................... 9
13. Alimony.................. .................................................... .................. 9
14. Full Disclosure ............................................................................. 9
15. Releases ........................................................................................ 10
16. Indemnification ............................................................................ 10
17. General Provisions ....................................................................... 11
18. Fair and Equitable Contents......................................................... J 1
19. Breach........................................................................................... 12
20. Independent Separate Covenants ................................................. 12
21. Void Clauses ................................................................................ \2
22. Execution of Documents .............................................................. 12
23. Applicable Law............................................................................ 13
24. Non-Merger .................................................................................. 13
25. Disclosure and Waiver of Procedural Rights .............................. 13
26. Tax Advice ................................................................................... 14
27. Representation of Parties ............................................................. 15
Signature Page.............................................................................. 15
Acknowledgement Page............................................................... 1 6
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MARRIAGE SETTLEMENT AGREEMENT
AGREEMENT MADE this
,0/,) th day of .j)(C1/1:beL, 2005. hy
and between Robert G. Despeaux -AND- Kim A. Despeaux, at Harrisburg, Pennsylvania.
WHEREAS, the parties hereto are husband and wife, having been married
on May 27, 1988, at Perry County, Pennsylvania.
WHEREAS, diverse and unhappy differences, disputes and difficulties
have arisen between the parties and it is the intention of Husband and Wife to live
separate and apart for the rest of their natural lives, and the parties desire to settle fully
and finally their respective financial and property rights and obligations as between each
other including, without limitation by specification: settling of all matters betwcen thcm
relating to the ownership and equitable distribution ofreal and personal property: settling
of all matters between them relating to the past, present and future support, alimony
and/or maintenance of Wife by Husband or Husband by Wife: and in general. the settling
of any and all claims and possible claims by one against the other or against their
respective estates. The parties separated on July 10,2004.
NOW, THEREFORE, in consideration of the afore going premises and of
the mutual promises, covenants and undertakings hereinafter set forth and for other good
and valuable consideration, receipt of which is hereby acknowledged by each of the
parties, Wife and Husband, each intending to be legally bound hereby. covenant and
agree as follows:
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1. Divorce and Separation. The parties agree to the entry of a
decree in divorce pursuant to Section 3301 (c) of the Divorce Code of 1980. Husband and
Wife shall at all times hereafter have the right to live separate and apart from each other
and to reside from time to time at such place or places as they shall respectively deem fit.
free from any control, restraint, or interference whatsoever by the other. Neither party
shall molest the other or endeavor to compel the other to cohabit or dwell with him or her
by any legal or other proceedings. The foregoing provision shall not be taken to be an
admission on the part of either Husband or Wife of the lawfulness or unlawfulness oftl1c
cause leading to their living apart. A reconciliation will not void the provisions of this
Agreement.
2. Division of Propertv. Husband and Wife agree that the following
constitutes an equitable distribution of the marital property:
A. The following shall become the sole and exclusive property of
Husband:
1. Husband shall retain any pension plans and/or retirement
plans and/or employee stocks or savings plans, and/or 40 I K plans
and/or any and all other employment benefits, which he has
accumulated during the course of his past or present employment.
2. Husband and Wife are joint owners of real estate located at
3 Sgrignoli Lane, Enola, Cumberland County, Pennsylvania.
Husband shall become the sole and exclusive owner of said real
property. In consideration thereof, Husband shall pay wife the sum
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of Twenty-three Thousand Dollars ($23,000.00) withip sixty (60) )
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days of the date of this Agreement. Wife shall sign a Deed
transferring any and all right, title, and interest she may have in
said real estate unto Husband within~;t;'i60) d~;~'9fthe date of
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this Agreement.
3. Husband shall become the sole and exclusive owner of his
2002 Ford F-150 truck, and shall be fully responsible for any liens
and encumbrances thereon. Wi fe shall sign any and all necessary
documents in order to effectuate the transfer of title of said vehicle
solely into the name of Husband.
4. Husband shall retain any and all interest, be it legal or
financial, which he may have in his business known as Capital
Auto Glass. Wife specifically waives any rights she may have
unto any interest, be it financial, legal, or otherwise, in said
business.
B. The following shall become the sole and exclusive property or Wife:
1. Wife shall retain any pension plans and/or retirement plans
and/or employee stocks or savings plans, andlor 40 I K plans and/or
any and all other employment benefits, which she has accumulated
during the course of her past or present employment.
2. Wife shall become the sole and exclusive owner of her
2002 Chevrolet Trailblazer, and shall be fully responsible t(lr any
liens and encumbrances thereon. Husband shall sign any and all
necessary documents in order to effectuate the transfer oftitle of
said vehicle solely into the name of Wife.
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C. All personal property in the possession of each party as of the date of
execution of this Agreement shall remain the sole and separate property of each party
respectively.
D. The parties acknowledge that they have each made to the other a full
accounting of their respective assets, estate, liabilities, and other sources of income and
based thereon they mutually agree that the property listed above constitutes the entire
marital property.
3. Child Custody and Support. The parties hereby acknowledge
that they are the natural parents of Robert F. Despeaux, born December 13. 1988. and
Kaitlyn R. Despeaux, born March 3, 1992. The parties agree that they shall share legal
custody of the subject minor children. Husband shall have primary physical custody of
Robert F. Despeaux and Wife shall have primary physical custody of Kaitlyn R.
Despeaux. Husband and Wife shall each have reasonable, liberal, and frequent periods of
partial custody with their non-custodial child.
The parties agree that at the present time neither shall seek child support
payments from the other party. However, each party reserves the right to initiate a child
support action against the other in the future through the appropriate Domestic Relations
office.
4. Income Tax Prior Returns. The parties have heretofore iilcd
joint federal and state tax returns. Both parties agree that in the event any dciiciency in
federal, state or local income tax is proposed, or any assessment of any such tax is made
against either of them, each will indemnify and hold harmless the other from and against
any loss or liability for any such tax deficiency or assessment and any interest. penalty
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and expense incurred in connection therewith. Such tax, interest, penalty or expense shall
be paid solely and entirely by the individual who is finally determined to be the cause of
the misrepresentations or failures to disclose the nature and extent of his or her separate
income on the aforesaid joint returns.
5. Execution of Additional Documents. The parties agree to each
sign Affidavits of Consent upon the expiration of ninety (90) days following the filing
and service of the Divorce Complaint. The parties agree to execute any deeds,
assignments, titles or other instruments necessary and appropriate to accompl ish the
aforesaid division of property.
6. Transfers Subiect to Liens. Notwithstanding any other
provisions in this document all property transferred hereunder is subject to the existing
lien or liens set forth above. The respective transferee of such property agrees to
indemnify and save harmless the other party from any claim or liability that such other
party may suffer or may be required to pay on account of such lien or encumbrance.
7. Complete Listing of Property. The parties represent and warrant
to each other that the property described in this Agreement represents all of the proper!)
in which they have any right, title and interest. and that such property is subject to no
mortgage, pledge, lien, security interest, encumbrance or charge except those which are
disclosed herein.
8. Equitable Distribution of Property. By this Agreement. the
parties have intended to effect an equitable distribution of their jointly owned property.
The parties have determined that an equitable division of such property conforms to a iust. b
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and right standard, with due regard to the rights of each party. The division of existing
marital property is not intended by the parties to constitute in any way a sale or exchange
of assets, and the division is being effectuated without the introduction of outside funds
or other property not constituting a part of the marital estate. It is the intention of the
parties to treat all transfers of property herein as non-taxable.
9. Relinquishment of Ownership. Except as provided herein.
Husband forever relinquishes any right or interest he may now or hereafter have in any
assets now belonging to Wife, and Wife forever relinquishes any right or interest she may
now or hereafter have in any assets now belonging to Husband.
10. After-Acquired Property. Each of the parties shall hereafter own
and enjoy independently of any claim or right of the other, all items of property. be they
real, personal or mixed, tangible or intangible, which are 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 unmarried.
ll. Debts.
A. Husband and Wife agree to be responsible for the joint debts of
the parties as follows: none
B. All debts, contracts, obligations or liabilities incurred at any
time in the past or future by either party will be paid promptly by said party, unless and
except as otherwise specifically set forth in this Agreement; and each of the parties hereto
further promises, covenants and agrees that each will now and at all times hereafter sav~
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harmless and keep the other or his or her estate indemnified and save harm\css from all
debts or liabilities incurred by him or her, as the case may be. and from all actions, claims
and demands whatsoever with respect thereto, and from all costs, legal or otherwise. and
counsel fees whatsoever pertaining to such actions, claims and demands. Neither party
shall, as of the date of this Agreement, contract nor incur any debt or liability felf which
the other or his or her property may be responsible, and shall indemnify and save
harmless the other from any and all claims or demands made against him or her by reason
of debts or obligations incurred by him or her and from all expenses. legal costs. and
counsel fees unless provided to the contrary herein.
12. Bankruptcv or Reore:anization Proceedine:s. The parties hereby
agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and
expressly agree to reaffirm any and all obligations contained herein. In the event a party
files such bankruptcy and pursuant thereto obtains a discharge of any obligations
assumed hereunder, the other party shall have the right to terminate this Agreement in
which event the division of the parties' marital assets and all other rights determined by
this Agreement shall be subject to court determination the same as if this Agreement had
never been entered into.
13. Alimonv. The parties mutually agree to forego or waive any right
to alimony, alimony pendente lite, and spousal support.
14. Full Disclosure. Each party hereto confirms that he or she has
relied on the completeness and substantial accuracy of financial disclosures of the other
as an inducement to enter into this Agreement.
The parties acknowledge that there has r.
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been no formal discovery conducted in their pending divorce action and that neither has
tiled an Inventory and Appraisement as required by g3505(b) of the PennsylvaniQ
Divorce Code. The rights of either party to pursue a claim for equitable distribution or
any interest owned by the other party in an asset prior to the date of execution hereof
which interest was not disclosed or known by the other party or his or her counsel prior to
the execution of this Agreement is expressly reserved.
IS. Releases. Each party does hereby remise, release. quitclaim and
forever discharge the other and the estate of the other from any and every claim that each
other may now have, or hereafter have or can have at any time, against the other, or in
and to or against the other's estate, or any part thereot: whether arising out of any former
contracts, engagements or liabilities of the other, or by way of dower or claim in the
nature of dower, widow's rights, or under the intestate laws, or the right to take against
each other's will, or for support or maintenance, or of any other nature whatsoever,
except any rights accruing under this Agreement or as otherwise stated in this Agreement.
16. Indemnification. Each party represents and warrants to the other
that he or she has not incurred any debt, obligation, or other liability, other than described
in this Agreement, on which the other party is or may be liable. Each party covenants
and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold
the other party liable for any other debts, obligations, liability, act or omission of such
party, such party will at his or her sole expense, defend the other against any such claim
or demand, whether or not well-founded, and that he or she will indemnify and hold
harmless the other party in respect of all damages as resulting therefrom. Damages as
used herein shall include any claim, action, demand, loss, cost. expense, penalty. dnd ~
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other damage, including without limitation, counsel fees and other costs and expenses
reasonably incurred in investigating or attempting to avoid same or in opposing the
imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any
inaccurate representation made by or on behalf of either Husband or Wife to the other in
this Agreement, any breach of the warranties made by Husband or Wite to the other in
this Agreement, or breach or default in performance by Husband or Wife of any of the
obligations to be performed by such party hereunder. The Husband or Wife agrees to
give the other prompt written notice of any litigation threatened or instituted against
either party which might constitute the basis for a claim for indemnity pursuant to the
terms of this Agreement.
17. General Provisions. 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.
18. Fair and Equitable Contents. The provisions of this Agreement
and their legal effect have been fully explained to the parties by their respective counsel.
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. Each party acknowledges and
accepts that this Agreement is, under 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
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influence and that it is not the result of any collusion or improper or illegal agreement or
agreements.
19. Breach. It is expressly stipulated that if either party fails in the
due performance of any of his or her material obligations under this Agreement. the other
party shall have the right, at his or her election, to sue for damages for breach thereof. to
sue for specific performance, or to seek any other legal remedies as may be availahle. and
the defaulting party shall pay the reasonable legal fees for any services rendered by the
non-defaulting party's attorney in any action or proceeding to compel performance
hereunder.
20. Independent Separate Covenants. It is specifically understood
and agreed by and between the parties hereto that each paragraph hereof shall be deemed
to be a separate and independent Agreement.
21. Void Clauses. 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 provision shaH be stricken from this Agreement and
in all other respects this Agreement shaH be valid and continue in full force. effect and
operation.
22. Execution of Documents. Each party shall on demand execute
any other documents that may be necessary or advisable to carry out the provisions of
this Agreement.
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23. Applicable Law. This Agreement shall be construed under the
laws of the Commonwealth of Pennsylvania.
24. Non-Mer2er. This Agreement shall not merge with any
subsequent decree in divorce between the parties but shall survive such decree and be
entirely independent thereof. This Agreement shall be incorporated for the purposes of
enforcement only into any Decree in Divorce which may be entered with respect to the
parties, but shall not be deemed to have been merged with such Decree.
25. Disclosure and Waiver of Procedural Ri2hts. Each party
understands that he or she has the right to obtain from the other party a complete
Inventory or list of all property that either or both parties own at this time or owned as of
the date of separation, and that each party has the right to have all such property valued
by means of appraisals or otherwise. Both parties understand that they have the right to
have court held hearings and make decisions on the matters covered by this Agreement.
Both parties understand that a court decision concerning the parties' respective rights and
obligations might be different from the provisions of this Agreement.
Each party acknowledges that this Agreement is fair and equitable. that it
adequately provides for his or her needs and is in his or her best interests, and that the
Agreement is not the result of any fraud, duress, or undue influence exercised by either
party upon the other or by any other person or persons upon either party. Both parties
hereby waive the following procedural rights:
a. The right to obtain an Inventory and Appraisement of all marital
and non-marital property as defined by the Pennsylvania Divorce Code.
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b. The right to obtain an Income and Expense Statement of the other
party as provided by the Pennsylvania Divorce Code.
c. The right to have property identified and appraised.
d. The right to discovery as provided by the Pennsylvania Rules of
Civil Procedure.
e. The right to have the Court determine which property is marital
and which is non-marital, and equitably distribute between the parties that
property which the Court determines to be marital, and to set aside to a
party that property which the Court determines to be that party's non-
marital property.
f. The right to have the Court decide any other rights, remedies.
privileges, or obligations covered by this Agreement and/or arising out oj'
the marital relationship, including but not limited to possible claims for
divorce, child or spousal support. alimony, alimony pendente lite.
equitable distribution, custody. visitation. and counsel fees. costs and
expenses.
26. Tax Advice. Both parties hereto hereby acknowledge and agree
that they have had the opportunity to retain their own accountants, certified public
accountants, tax advisor, or tax attorney with reference to the tax implications of this
Agreement. Further, neither party has been given any tax advice by their respective
attorneys. Further, both parties hereby acknowledge that they have been advised. by their
respective attorneys, to seek their own independent tax advice by retaining an accountant.
certified public accountant, tax attorney, or tax advisor, with reference to the tax ..
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implications involved in this Agreement. Further, the parties acknowledge and agree that
their signatures to this Agreement serve as their acknowledgement that they have read
this particular paragraph and have had the opportunity to seek independent tax advice.
27. Representation of Parties. The parties have mutually worked out
the terms ofthis Marriage Settlement Agreement. Husband has been represented by
Mark T. Silliker, Esquire. Wife has been advised of her right to retain an independent
counsel to represent her in this matter, however, being so advised that she is entitled to
independent legal counsel, she hereby waives her right to the same.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
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COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
On this ~ day of \J!JJn (Wil L~ ' 2oCi;, before me Subscriber. a
Notary Public, for the Commonwealth ofPennsy vania, came Kim A. Despeaux. known
to me or satisfactorily proven to be the Wife in the afore going Marriage Settlement
Agreement.
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Kim A. Despeaux /
Witness my hand and Notarial seal, the day and year aforesaid.
--
NOTARIAL SEAL
Glenda M. Jones, Notary Public
silver Spring 1Wp., CumbcrlOl1d CCllllty
My commission Expin:S Jon. 14, 7~J
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My Commission Expires: \ \ Lt- bl\.
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
On thiS~y of ~ 2005, before me Subscriber, a
Notary Public, for the Commonwealth of Pennsylvania, came Robert G. Despeaux.
known to me or satisfactorily proven to be the Husband in the aforegoing Marriage
Settlement Agreement. / '/''"'
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'Robert G. Despeaux
Witness my hand and Notarial seal, the day and year aforesaid.
otary Public
My Commission Expires:
16
NOTARIAL SBAL
Raee Drelabaeh, N-,. PalJIIf
tower PuloD Twp.. DauphIa. CoaatJ
My Comminloa I!xpbeI Nov. 30. 200lS
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ROBERT G. DESPEAUX,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 05-3639 CIVIL TERM
KIM A. DESPEAUX,
Defendant
CIVIL ACTION - LA W
IN DIVORCE
ACCEPTANCE OF SERVICE
The undersigned, Kim A. Despeaux, Defendant in the above-captioned
matter, hereby certifies that she received a copy of a Complaint in Divorce, on or about
July 22, 2005, by first-class mail, postage prepaid, addressed as follows:
Kim Despeaux
4R~WertzvilIe Rcmd- c\ ; !" 'j I,
Enola, PA 17025
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I hereby certify that the aforegoing is true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made
subject to th.e penaltIeS of 18 Pa.C.S. 94904 reiating to unSWOlJl falsificatiOillo
authorities.
Dated:
t. - <' J (I r
t \ \,1, ,\ i" j -. ~j, '11,' J I " .~
Kim A. Despeaux
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ROBERT G. DESPEAUX,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 05-3639 CIVIL TERM
KIM A. DESPEAUX,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the Court
for entry of a Divorce Decree:
1. Ground for divorce: irretrievable breakdown under Section
(X) 3301 (c) () 3301 (d) of the Divorce Code. (Check applicable section.)
2. Date and manner of service of the Complaint: July 22, 2005, by
first -class mail, postage prepaid.
3. Complete either (a) or (b).
(a) Date of execution of the Affidavit of Consent required by
Section 3301(c) of the Divorce Code: December 15,2005 by Plaintiff, December 30,
2005 by Defendant.
(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: The Marriage Settlement Agreement
between the parties shall be incorporated but shall not merge with the final Decree in
Divorce.
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5. Complete either (a) or (b).
(a) Date and manner of service of Notice oflntention to File
Praecipe to Transmit Record, a copy of which is attached:
(b) Date Plaintiffs Waiver of Notice in S330l(c) Divorce was
filed with the Prothonotary: January 13, 2006.
Date Defendant's Waiver of Notice in S330l(c) Divorce was
filed with the Prothonotary: January 12,2006.
6. Social Security Numbers:
(a) Plaintiff: 217-68-3325
(b) Defendant: 188-52-0327
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IN THE COURT OF COMMON PLEAS :
+
OFCUMBERLANDCOUNTY
STATE OF
PENNA.
Robert G. Despeaux,
Plaintiff
NO.
05-3639 rivil ~er~
VERSUS
Kim A. Despeaux,
Defendant
DECREE IN
DIVORCE
AND NOW,
1..-<-,^, I
,&.coG. ,rT rs ORDERED AND
-1'
DECREED THAT
Robert G. Despeaux
, PLArNTrFF,
AND
Kim A. Despeaux
, DEFENDANT,
ARE DrVORCED FROM THE BONDS OF MATRrMONY.
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incorporated but shall not merge with the final Decree in Divorce. ;
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THE COURT RETAINS JURISDrCTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RArSED OF RECORD IN THrs ACTrON FOR WHrCH A FrNAL ORDER HAS NOT
YET BEEN ENTERED;
The Marriage Settlement Agreement between the parties shall be
~~
( 1
PROTHONOTARY
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