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Home My WebLink About05-5575 KENNETH F. LEWIS, ESQUIRE 1.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff LINDA BREEDING, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P~NNS~~ANIA NO. 6f;'-SS7S CLu~L 0<-'-v") JOHN BREEDING, Defendant CIVIL ACTION - 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 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: 1 Courthouse Square, Carlisle, FA 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 KENNETH F. LEWIS, ESQUIRE r.D. #69383 1101 North Front street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA rJ/~~L~( 05- .55 'IS LINDA BREEDING, Plaintiff NO. JOHN BREEDING, Defendant CIVIL ACTION - DIVORCE COMPLAINT IN DIVORCE COUNT I Reauest for a No-fault Divorce Under ~3301(cl of the Domestic Relations Code 1. Plaintiff is LINDA BREEDING, who currently resides at 62 Queen Avenue, Enola, Cumberland County, PA 17025. 2. Defendant is JOHN BREEDING, who currently resides at 120 Mountain View Drive, Enola, Cumberland County, PA 17025. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 14, 1994 in Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Court to enter a Decree of Divorce pursuant to S 3301(c) of the Domestic Relations Code. DATED: jfJ /Z1 /e!j ,~ KE ETH F. LEWIS, ESQUIRE 1.0. #69383 Attorney for Plaintiff 1101 N. Front st. Harrisburg, PA 17102 (717) 234-3136 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904, relating to unsworn falsification to authorities. Dated: 10 }Z1/05 A~ a P-<-wka LINDA BREEDING -kt ,--'\ (:) - .' t8 N 4J .--' ~ D- r',: :If. C) if( .~' ''-' 4J . CY 7-\ , - ~ \) .. :). .-- 0- -J. -U ., ?--J r- ~ r :f:::> +-- ~ ------- KENNETH F. LEWIS, ESQUIRE LD. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 -5 Sl}S G/';' Tertii LINDA BREEDING, Plaintiff JOHN BREEDING, Defendant CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce. DATE: /e iL ct /o)~ I JO N BREEDING 1 Mountain View Dr. E ola, PA 17025 () r-> = ~ G = <' <on ""Qt-C z :r!:!l 'TIn e Z',)': <: nl,- lie, I ~g~ ,()..--: -'-;=.: -::) c;:.c 5~:B ~E) "'" :x ,20 J;:/'c: L-1" \D Cl Z .-l =<' c:::> 5J -t:" -< - - LINDA BREEDING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5575 Civil Term JOHN BREEDING, Defendant CIVIL ACTION - DIVORCE SETTLEMENT AGREEMENT THIS AGREEMENT, is made this 15th day of March 2006, by and between LINDA BREEDING ("Wife") and JOHN BREEDING ("HUSband"). WIT N E SSE T H: WHEREAS, the parties, currently Husband and Wife, will be filing for and obtaining a decree in divorce; and WHEREAS, by this Agreement, the parties have intended to effectuate and equitably divide their marital property and marital debts; and WHEREAS, diverse unhappy differences and difficulties have arisen between the parties and it is their intention to live separate and apart for the rest of their lives and to settle any claims by one against the other or against their estates. NOW THEREFORE, with the foregoing recitals being incorporated by reference and deemed as an essential part hereof and in consideration of the premises and of the mutual promises set forth herein and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties, each intending to be legally bound hereby, covenant and agree as follows: ~ 1. EFFECT OF DIVORCE DECREE. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a Final Decree in Divorce may be entered wi th respect to the parties. This Agreement shall be incorporated, but not merged into the final decree in divorce. 2. FINANCIAL DISCLOSURE. The parties confirm each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to executing this Agreement. No representations have been made by either party to the other, or by anyone else, as to the financial status of the other except as set forth in this Agreement. 3. ADVICE OF COUNSEL. Wife has been advised regarding this Agreement by her attorney, Kenneth Lewis. Husband has been advised regarding this Agreement by the attorney of his choosing or has chosen to forego seeking such advice. Both parties acknowledge this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received independent legal advice, or choosing not to do so. The parties acknowledge this Agreement is not the result of duress or undue influence and is not the result of any collusion or improper or illegal agreement(s). This Agreement shall be construed as if drafted by both parties. 4. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. The parties understand each has the right to obtain from the other party a complete inventory of all the property either or both parties now own or owned as of the date of separation, and that each has the right to have such property valued by appraisals or otherwise. The parties understand they have the right to have a Court hold hearings and make decisions on the matters cOvered by this Agreement. Both parties understand a Court's decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. 2 Both parties waive the following procedural rights: -.. -- Appraisement Pennsylvania a. The of all marital Divorce Code. right to obtain an Inventory and and separate property as defined by the statement of Divorce Code. b. the The right other party to as obtain an provided Income by the and Expense Pennsylvania c. 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. d. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to Possible claims for divorce, spoUsal SUpport, alimony, alimony pendente lite, counsel fees, costs and expenses. 5. PERSONAL RIGHTS. Husband and Wife, may live separate and apart. Each shall be free from any interference, direct or indirect, by the other in all respects as if they were unmarried. Husband and Wife shall not harass, disturb or malign each other or the respective families of the other nor attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 6. MUTUAL RELEASES. Husband and Wife each mutually release and forever discharge the other and the other's estate from any and all rights of the other or against the other's estate, which he/she now has or may hereafter have against the other or the other's estate, arising out of any circumstance whatsoever (intestate laws, the right to take against the spouse's will, and/or all other rights of a surviving SPOUse to participate in a deceased spouse's estate, regardless of the jurisdiction). The release includes any rights which either party may have or at any time hereafter have for past, present or future support, maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, rights and obligations arising under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other a complete and general release with respect to all property of any kind or nature, which the other now owns or may hereafter acquire, except and only excepting rights and obligations arising Under this Agreement. 3 --- ...... 7. PERSONAL PROPERTY. The parties make the following disposition and settlement with respect to their personal property. a) Husband and Wife agree they have equitably divided all their personal property and belongings to each's satisfaction and that each shall retain the property in his/her possession at the time of this Agreement (except as provided otherwise in this Agreement) . b) Financial/Retirement Accounts. The parties acknowledge there are no jointly-titled financial accounts. HUsband and Wife agree that each shall maintain all the financial accounts currently titled in his/her name, including but not limited to bank accounts, credit union accounts, IRAs, certificates of deposit, 401K plans, retirement accounts of whatever nature. Each waives any rights he/She may have to the others financial accounts. c) Automobiles. i) The parties acknowledge there are no jointly- titled vehicles. Husband shall retain and be the sole owner of the 1998 Ford Expedition. Wife shall retain and be the sole owner of the 2000 Dodge Intrepid. Each shall be responsible for all debts and expenses pertaining to the vehicles titled in his/her name and shall indemnify the other from any and all harm arising from the possession and/or ownership of these vehicles. 8. AFTER-ACOUIRED 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. 9. REAL ESTATE. 4 The parties agree that they jointly own a home and real estate located at 120 Mountain View Drive, Enola, Cumberland County, Pennsylvania and that Husband currently resides in the home. The parties further agree as follows: ..... ~ a) The parties shall immediately list the property for sale with Livingston & Magilton Realty. Should the parties not be able to agree on a listing price, it shall be listed at its fair market value. Pending the sale of the home, the parties shall each be responsible for one-half the mortgages. Other than the mortgages, Husband shall be responsible for all debts and expenses associated with the property and shall indemnify wife from any and all harm arising from the possession and/or ownership of this property. b) Should the proceeds from the sale exceed the debts owed regarding the property, the PSECU Visa, jointly-titled, in the approximate amount of $5,000.00 shall first be paid off. Should there be further net proceeds, such proceeds shall be equally divide between the parties. c) Should the proceeds from the sale not be SUfficient to pay all the debts owed regarding the property, the parties shall equally be responsible for such debts. 10. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. The parties hereby waive and surrender any rights and/or claims they may have to interim or final alimony, alimony pendente lite and spoUsal support. 11. ATTORNEY'S FEES AND COSTS. The parties waive and surrender any rights and/or claims they may have to interim or final counsel fees and/or costs. 12. DEBTS. a) The parties acknowledge there exists a jointly-titled debt owing to PSECU (Visa) in the approximate amount of $5,000.00. Should this debt not be paid off by the real estate proceeds referred to above, the parties shall each be responsible for one- half of this debt. Husband and Wife confirm they have not, and will not in the future make any other charges on this indebtedness. b) The parties acknowledge there are no jointly-titled debts other than in Subparagraph (a) immediately above. Each party shall be Solely responsible for all debts listed in hiS/her sole name. Each party shall indemnify and hold the other harmless against all actions or collections of whatever kind arising out of these debts. 5 -... ~ c) Each party represents he/she has not incurred any liability for which the other may be responsible except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, except for the obligations arising out of this Agreement. 13. WARRANTIES TO FUTURE OBLIGATIONS. Husband and Wife each 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 any liability whatsoever for which the estate of the other may be liable. 14. 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. 15. BREACH. The parties agree that if either fails in the due performance of any of his or her 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 available and said other party shall have the right to recover his or her reasonable legal fees and costs for any services rendered by his or her attorney. 16. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take all steps and execute, acknowledge and deliver to the other party any further 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. 6 ~ 17. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 18. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure benefit of the parties hereto and their respective executors, administrators, successors and assigns. to the heirs, 19. INTEGRATION. 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. 20. 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 or any other obligations herein. 21. SEVERABILITY. If any term or prov~s~on of this Agreement shall be determined to be invalid, then only that term or provision shall be stricken 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. 7 (-J :r: o -n .-l ~.T: -n 1;1!= r~-' ,'j (1) .-r, .12 ;;: '':r~ ~. -' , J'" ;~ >.J "'-, CJ ::...... :~,,:: (~) r, KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street HarriSburg, PA 17102 (717) 234-3136 Attorney for Plaintiff LINDA BREEDING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5575 civil Term JOHN BREEDING, Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce was filed under Section 3301 (c) of the Divorce Code on October 28, 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 in Divorce after service of notice to intention to request entry of the decree. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 3j;S/otc 1 " A 1'!1d.. / j)w di ~ LINDA BREEDING ( c) L_ ,...., G";:) ,,;;:,:;.1 0' ='= "r;'"," So ,,~ C::> o ,1 =? ['n~ -~~ fT"; ;t:l~" - .~'.~ j:, ~"-:. =; :::~~~l :s '-< f;'? (:) KENNETH F. LEWIS, ESQUIRE Attorney 1.0. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff LINDA BREEDING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5575 Civil Term JOHN BREEDING, Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce was filed under Section 3301 (c) of the Divorce Code on October 28, 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 in Divorce after service of notice to intention to request entry of the decree. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. D.ted, 3t61&~ JO~P~ (') "" C'::l ,,::::. C'-. o -n ..., fTi2 ""'f' ..~ .'C" ~-! :,;;c' ,- :-~ ....; ~ .'-.~ (5 '~~') in ;~ .< =: ~ N o :;.:..c;> ::r: C:) C::3 LINDA BREEDING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5575 civil Term JOHN BREEDING, Defendant CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (e) OF THE DIVORCE CODE 1. 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 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. 4. I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subj ect to the penal ties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Dated: c1;1:5 /tJw c~ ~, ('::~l .::, '.J" o .1 ;J1: ~.:"' :-..;J N = ::;:I fi1:IJ 'Trh __:.JC) .~(!:: ;:.''''' ;r ,; o ~~~ n"1 :!c~ __n .< c.5 CJ LINDA BREEDING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5575 Civil Term JOHN BREEDING, Defendant CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (e) OF THE DIVORCE CODE 1. 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 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. 4. I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: J !rc:1Qy ,td-- JO r-' <,::.:> ~j-; ::T' "'. " ::0 \'-, CJ o -n .-\ ~T:-n in? ,.,rr: '(JC) --:':/\ ] :-f, '~'~B >:cn t...) :;._~ -S, . < .- ~.~ C) .'::J LINDA BREEDING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5575 Civil Term JOHN BREEDING, Defendant CIVIL ACTION - 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. Service siqned 10/28/05 and filed 11/1/05. 2. Date and manner of service of the Complaint: Acceptance of 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 and Waiver of Notice of Intention to Request Entry of a Divorce Decree: by the Plaintiff on 3/15/06; by the Defendant on 3/15/06. 4. Related claims pending: NONE. property settlement aqreement incorporated into decree. DATED: 3JISjD' r l' KEN LEWIS, ESQ. Atto ney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff .---.J ,':::'J .',i:~ C) -1I :...-:1 ,.r:: 1';1:1] ,- ~,::cr .,!'y'; =,,: .1..' ~';'<J !~<) o , , .~':5 j;i :.~ ~r~ , ..! .~ ~:-~ :::J .< ?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~+~+~~+++++++~+++~~+~++~+~~~~+~~~~+~~~~~+~+~~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~~+++++ IN THE COURT OF COMMON PLEAS STATE OF PENNA. LINDA BtEEDJNb- o 5~5YJ5 clv/ITe(!Yl NO. VERSUS JOlfN BfEfDJA}(; DECREE IN DIVORCE 2006 Mvd. 2..~ AND NOW, , ]T ]S ORDERED AND DECREED THAT UND/1 BRfED/AJf- AND , JOHN Bf.EEj)/JJ6- - , PLAINT]FF, , DEFENDANT, ARE D]VORCED FROM THE BONDS OF MATR]MONY. THE COURT RETAINS JUR]SD]CTION OF THE FOLLOW]NG CLAIMS WHICH HAVE BEEN RA]SED OF RECORD ]N TH]S ACT]ON FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; TAe fJlHhe/ (Y)t!rd ;'" Z/)()tsetl/e /!JtV)f tfLllfelfr/Jf ;j //7[{)(j>a1lled f I I I' hutrl0fli1ayt(, ,~fk fl}s })eaff. ATT T: ~~~ (' ROTHONOTARY . . . . ~~~+~++~+~++++~+~+++~+++++++~++~+~~+~~+~+~+~~+~++++~++++++~~ . . . . . . . . . . . . . . . . . . . . J, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _-* ~ 157~ ?JzRI4 ~()-J>e. 2 ~r ?-~ 4dgp .PJ ?r!.K'E" : . . " ,.' ~ .)\ ,