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HomeMy WebLinkAbout06-1208STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DANIEL R. RIVAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SHARON W. RIVAS, : NO. 06 - 12Q?-_ CIVIL TERM Defendant : IN DIVORCE NOTICE 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 the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1 ' CC';rr3r 1' ,e')M REC'o l t"I i I t Y? ! STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DANIEL R. RIVAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. SHARON W. RIVAS, Defendant : NO.06 - _I d-09' CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE PURSIJANT TO SECTION 3301(C) OF THE DIVORCE CODE NOW, comes the plaintiff and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Daniel R. Rivas, an adult individual residing at 103 Strawberry Alley, Apartment D, Shiremanstown, Cumberland County, Pennsylvania 17011. 2. The defendant is Sharon W. Rivas, an adult individual residing at 354 Sandhill Road, Hershey, Pennsylvania 17033. The plaintiff and defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on June 28, 1997, in West Columbia, South Carolina. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. w 6. The plaintiff avers that he has been advised of the availability of counseling and that said party has the tight to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as this Honorable Court may deem equitable and just. I verify that the statements made m this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.GS. Section 4904, relating to unworn falsification to authorities. Gh 3 , 2006 /?GAz? Daniel R. Rivas, Plaintiff WOLF & WOLF l?)t2f ' j , 2006 BY. STACY B. V OLF, ESQUIRE Supreme Court ID #88732 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Attorney for Plaintiff r? ? Z STACY B. WOLF, ESQUIRE ATTORNEY In NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DANIEL R. RIVAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Y. SHARON W. RIVAS, Defendant : CIVIL ACTION - LAW NO. 06 - CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotarys Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. ?1/q t'Ch - , 2006 Daniel R. Rivas, Plaintiff ' i""?,. Constance P. Brunt, Esquire Supreme Court ID 429933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 epbru n track pbruntlaw.wm DANIEL R. RIVAS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. SHARON W. RIVAS, : NO. 06-1208 CIVIL TERM Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, attorney for the Defendant, SHARON W. RIVAS, in the above-captioned divorce action, hereby accept service of the Complaint in Divorce filed on March 3, 2006, in the Court of Common Pleas of Cumberland, Pennsylvania, and certify that I am authorized to do so. Date: -fir! CONSTANCE P. BRUNT, ESQUIRE Supreme Court I.D. No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 Attorney for Defendant ? ^? f'? ? - lJ i7 c,v. ? -.. _.. : t.'i :.. ?... ;..: f:i .. _/ ? tV ?7 CJ -? STACY B. WOLF, ESQUIRE ATTORNEY In NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DANIEL R. RIVAS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. SHARON W. RIVAS, Defendant : CIVIL ACTION - LAW :NO.06- tiZi CIVIL TERM : IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. /ilaa e °l , 2006 ?'lltl'gm U-)- A YO-4 S aron W. Rivas, Defendant (-1 1\? ° f 1 L) c.-, +7 -?i- ?i ^' J ti t.LJ --c r Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbruntgb-CPBruntLaw.com Attorney for Defendant DANIEL R. RIVAS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION -LAW : NO. 06-1208 SHARON W. RIVAS, Defendant : IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Defendant in the above matter, prior to the entry of a Final Decree in Divorce, hereby elects to resume the prior surname of SHARON WOODS WEBB, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. § 704. SHARON W. RIVAS To Be Known As: Sharon Woods Webb ?VAJ A 61A SHAR N WOODS WEBB COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On the 2? day of , 2008, before me, a Notary Public, personally appeared SHARON W. RIVAS, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Constance P. Brunt, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Oct. 20, 2009 -Z?? Notary Public ° T r ?a n ? ? " W d % Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbruntO-CPBru ntLaw.com Attorney for Defendant DANIEL R. RIVAS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION -LAW V. SHARON W. RIVAS (now SHARON W. WEBB) : NO. 06-1208 CIVIL TERM Defendant : IN DIVORCE MARITAL SETTLEMENT AGREEMENT MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this :,&- day of A 2008, by and C/ I between SHARON W. WEBB, M.D. (formerly SHARON W. RIVAS), now of Hershey, Dauphin County, Pennsylvania, hereinafter referred to as "Wife", - AND - DANIEL R. RIVAS, now of Shiremanstown, Cumberland County, Pennsylvania, hereinafter referred to as "Husband", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 28, 1997, in Columbia, South Carolina; and WHEREAS, diverse unhappy marital difficulties have arisen between the parties, causing them to believe that their marriage is irretrievably broken, as a result of which the parties separated on or about February 3, 2006, and intend to live separate and apart from one another hereafter, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; the settling of all matters between them relating to the past, present, or future support and/or maintenance of Wife by Husband or of 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 estate, particularly those responsibilities and rights growing -2- out of the marriage relationship; and WHEREAS, both Husband and Wife have been fully, separately and independently advised of their legal rights and obligations, and each covenants that he/she has each made a full and complete disclosure to the other of his/her respective property, holdings and income; and The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and had the benefit of counsel of CONSTANCE P. BRUNT, ESQUIRE, as her attorney. The Husband has employed and had the benefit of counsel of STACY B. WOLF, ESQUIRE, as his attorney. Each party acknowledges that he/she has received independent legal advice from counsel of his/her selection and that each fully understands the facts and has been fully informed as to his/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 influence and that it is not the result of any collusion or improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he/she has been fully advised by his/her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the Court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property owned or possessed jointly or individually by either party, counsel fees and costs of litigation, and, fully knowing the same and being fully advised of his/her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his/her respective right to have the -3- Court of Common Pleas of Cumberland County or any other court of competent jurisdiction make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. NOW, THEREFORE, in consideration of the premises and of the promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. SEPARATION. It shall be lawful for Husband and Wife at all times hereafter 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, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. 2. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Husband has filed a Complaint in Divorce in The Court Of Common Pleas of Cumberland County, Pennsylvania, docketed to NO. 06-1208 CIVIL TERM, claiming that the marriage is irretrievably broken under the no-fault, mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute contemporaneously with the execution of this Agreement any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code as soon as practicable. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. Neither party to such -4- action shall seek alimony, alimony pendente lite, support or maintenance of any nature contrary to the provisions of this Agreement. It is further specifically understood and agreed by the parties that the provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. Notwithstanding the provisions of the Pennsylvania Divorce Code or of any law to the contrary, none of the terms and provisions of this Agreement shall be subject to modification by the Court or in any fashion other than as set forth hereinafter. It is specifically agreed, however, that this Agreement shall be subject to enforcement under the provisions of the Pennsylvania Divorce Code or, at the option of the aggrieved party, by a suit against the alleged breaching party either in law or in equity. 3. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if 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. 4. DEBTS AND OBLIGATIONS. Husband represents and warrants to Wife that he has not since the date of separation, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made -5- against her by reason of such debts or obligations incurred by him since the date of said separation. Wife represents and warrants to Husband that she has not since the date of separation, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation. Each party shall be solely responsible for any debts or liabilities incurred in his/her individual name at any time, and shall indemnify and save the other party harmless from any and all claims or demands made against him/her by reason of such debts or obligations. 5. MUTUAL RELEASES. Husband and Wife do hereby mutually remise, release, quit-claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he/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 or curtesy; or claims in the nature of dower or curtesy, 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 Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or any rights which either party may now have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and -6- 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 hereof. 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 hereof. 6. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances and other household personal property between them. The parties mutually agree that each shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his/her possession, and that each party hereby releases and relinquishes any right, title or interest he/she may have had in the past or now has in the aforesaid tangible personal property in the other party's possession. 7. DISTRIBUTION OF CASH ASSETS, STOCKS AND BONDS. Each party shall retain as his/her sole and separate property, free and clear from any claim, iight, title or interest on the part of the other, any bank, brokerage, mutual fund or depository account, stocks, bonds or cash assets of any nature, now in his/her respective individual name. 8. VEHICLES. The parties acknowledge that Wife was in possession of a 2004 Saturn L300 at the date of separation, which she subsequently traded for a 2007 Saturn ION. Wife shall retain possession and ownership of the said 2007 Saturn ION, free and clear of any claim, right, title or interest in said vehicle on the part of Husband. Husband shall retain possession and ownership of the 2005 GMC Canyon, of which he had possession at the date of separation, and any other vehicles which are now in his possession, free and clear of any claim, right, title or interest in said vehicle on the part of Wife. Upon request, the parties shall promptly cooperate in the execution and delivery of any documents necessary to effectuate any required transfer of title or registration consistent with this provision. 9. LIFE INSURANCE. The parties shall each retain as his/her separate property any policies of life insurance of which he/she is now the owner. 10. WAIVER OF BENEFICIARY DESIGNATIONS. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit, policy, annuity or like program or account carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final paychecks or any other post-death distribution scheme. Each party expressly states that it is his/her respective intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. In the event that the beneficiary designation is not formally changed prior to the death of the party, such that the other party continues to be named as beneficiary with no alternate beneficiary otherwise designated, the beneficiary shall be deemed to be the Estate of the deceased party and all benefits shall be distributed to the personal representative for the Estate of the deceased party, free of any claim by the other party. 11. DISTRIBUTION OF RETIREMENT ASSETS AND ACCOUNTS. The parties hereto expressly waive and relinquish any right, claim, title or interest in any -s- pension, profit-sharing, 401(k) plan, retirement, or other employment-related plans in which the other has any interest by virtue of his/her past or present employment, whether vested or unvested, matured or unmatured. The parties agree that they shall immediately upon request execute any waivers or other documents as required by the other party's Plan Administrator to effectuate the provisions of this Paragraph. Each party hereby consents to the other party's election, and agrees to waive a qualified joint survivor annuity form of benefit and a qualified pre-retirement survivor annuity form of benefit under the other party's pension, profit-sharing, 401(k) plan, retirement, or other employment-related plan. Each party further consents to the other party's current and future designation of any alternative form of benefit and of beneficiaries other than himself or herself under said Plan and to any revocation and/or modification of such designations. The parties hereby acknowledge that they each understand the effect of the other party's election and that they each consent thereto. Each party further acknowledges that he/she understands that, absent the consent contained in this paragraph, he/she would have the right to limit his/her consent to the designation by the other party of a specific beneficiary or a specific form of benefit, and each party hereby voluntarily elects to relinquish both such rights. 12. ALIMONY. Wife shall pay alimony to Husband in the amount of $3,000 per month, commencing October 1, 2008, and continuing through September 30, 2013, unless terminated as set forth herein. Alimony payments shall terminate upon the death of either party or upon Husband's remarriage or co-habitation with a sexual partner of either gender. Such alimony payments shall also terminate in the event that Wife becomes partially or totally disabled, but shall be otherwise non-modifiable. Such alimony payments shall be considered as taxable income to Husband and shall be deductible by Wife for federal income tax purposes. 13. TAXES. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In filing each such return, each -9- party has relied exclusively upon the other party to provide truthful and accurate information relating to the other party's employment income, business income or deductions, or income from any other source. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. 14. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents as may be reasonably required to give full force and effect to the provisions of this Agreement. 15. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 16. ENTIRE AGREEMENT. This Agreement contains the entire, complete and exclusive understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 17. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 18. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof -10- shall be deemed to be a separate and independent agreement. 19. 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 to seek such other remedies or relief as may be available to him/her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing his/her rights under this Agreement, or in seeking such other remedies or relief as may be available to him/her, regardless of whether the issues relating to the breach are resolved by settlement or by determination of the court. In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 20. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 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 shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 22. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. -11- IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: /rte ( DANIEL R. RIVAS (SEAL) SHARON W. WEBB, A.D. -12- COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . SS. On this day of & dl. , 2008, before me, the undersigned officer, personally appeared DANIEL R. RIVAS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. CONIlvIONWEALTH OF PENNSYLVANIA Notarial Seal Constance P. Brunt, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Oct. 20, 2009 Notary Public COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF DAUPHIN On this day of , 2008, before me, the undersigned officer, personally appeared SHARON W. WEBB, M.D., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. =%r)a OMMONWEALTH OF PENNSYLVANIA S3a . Public upi ~in County res jct. 20, 2009 L? A_A Notary Public -13- (? h-J _ ` ? _, '"? j f' - ? ? --J C' -_ ? ?_-• ?? _"'7 ''? ... ?-{ Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbrunt(MCPBruntLaw com Attorney for Defendant DANIEL R. RIVAS, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW SHARON W. RIVAS (now SHARON W. WEBB) Defendant NO. 06-1208 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 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: By Acceptance of Service dated March 14, 2006, and filed March 24, 2006. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff on May 29, 2008; by Defendant on May 30, 2008. (b)(1) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: N/A; (2) Date of filing and service of the Plaintiffs Affidavit upon the Defendant: N/A. 4. Related claims pending: None. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice Of Intention To File Praecipe To Transmit Record, a copy of which is attached: N/A. (b) Date Plaintiffs Waiver Of Notice was filed with the Prothonotary: June 2, 2008. Date Defendant's Waiver Of Notice was filed with the Prothonotary: June 2, 2008. Respectfully submitted, DATE: IV-161cle CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt(a-)CPBruntLaw com Attorney for Defendant (`) h.> C _ :.? i _? ?-? T) C_- ?--1 .__ ? `-.'; !"` r'.? --, r...rt _, --, - ._ . ?-?' ; . r ? , _ , -. ? .n -- f c?? : F . Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpb ru n t(&-C P B ru ntLaw. com Attorney for Defendant DANIEL R. RIVAS, Plaintiff V. SHARON W. RIVAS (now SHARON W. WEBB) Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1208 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 3, 2006. 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. 1 consent to the entry of a final Decree In 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. §4904 relating to unsworn falsification to authorities. DATE: 4 DANIEL R. RIVAS, Plaintiff -2- ?? AJ r-.? `r7 ?? e?.... i a j T'i f. 7 ?._ ?_.., _..; h...? ' ?-- - ri ? _. ? t.ry / a7 C?;; .: Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbrunt(a)CPBruntLaw.com Attorney for Defendant DANIEL R. RIVAS, Plaintiff V. SHARON W. RIVAS (now SHARON W. WEBB) Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1208 IN DIVORCE 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 In Divorce without notice. 2. 1 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. 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: 5-30O /- e ANIEL R. RIVAS, Plaintiff -2- ?: h-? ??. ._:::1 ? '?y l _ J ? -:? ? 7 _,1 +' _ ? _, '-E ..... _ ? 1 ?"? _l p 1 \.n 't It. .-Vft Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbrunt(a)CPBru ntLaw.com Attorney for Defendant DANIEL R. RIVAS, Plaintiff V. SHARON W. RIVAS (now SHARON W. WEBB) Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1208 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 3, 2006. 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. 1 consent to the entry of a final Decree In 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. §4904 relating to unsworn falsification to authorities. DATE: ?/f_ ec-F SHARON W. WEBB, Defendant -2- h? JJ , -V7 f7 - 1 7 Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbrunt(rDCPBruntLaw.com Attorney for Defendant DANIEL R. RIVAS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 06-1208 SHARON W. RIVAS (now SHARON W. WEBB) Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) AND §3301(D) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree In Divorce without notice. 2. 1 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. 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: AOM 4) - aA SHARON W. WEBB, Defendant -2- c', ?, C+? .., . . ? ... T T , ? ? i:?, ? i- ;i _. 7 _ ? .? .i ?? ? T? ?..? _ I ? Y?z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DANIEL R. RIVAS. N 0. 1208 2006 VERSUS SHARON W. RIVAS (now SHARON W. WEBB), Defendant DECREE IN DIVORCE AND NOW, -SQ (\` , 1-609, IT IS ORDERED AND DECREED THAT DANIEL R. RIVAS , PLAINTIFF, AND SHARON W. RIVAS (now SHARON W. WEBB) , DEFENDANT, 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; BY THE COURT: ATTEST: J . PROTHONOTARY -r7) ?' . r V ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. RAPHELLE MAZUR 'VERSUS TIMOTHY MAZUR No. 2007-2088 DECREE IN DIVORCE AND NOW, -s Vhp. 3 , ?W , IT IS ORDERED AND DECREED THAT RAPHELLE MAZUR AND TIMOTHY MAZUR ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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; NONE BY THE COURT: PROTHONOTARY too, ?,