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HomeMy WebLinkAbout01-5330RACHEL J. RHINE, Plaintiff VS. ANDREW J. RHINE, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. ~ l- ~--336 Civil Term : ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. Where the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 RACHEL J. RHINE, Plaintiff VS. ANDREW J. RHINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 5330 Civil Term ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Rachel J. Rhine, a competent adult individual, who has resided at 124 E. Louther St., Carlisle, Cumberland County, Pennsylvania, since March 2000. 2. Defendant is Andrew J. Rhine, a competent adult individual, who has resided in Harrisburg, Dauphin County, since September 2001. 3. Plaintiffand Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on December 23, 2000 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiffhas 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. 7. Plaintiff and Defendant have no children together. 8. Plaintiffand Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken; and/or (b) That the Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verify that the statements made in this Complaint are tree 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. Rachel J. Rhir~, Plaintiff Date: Respectfully submitted, k,~'D. No. 79465 117 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF RACHEL J. RII1NE, Plaintifl~ VS. ANDREW J. RHINE~ Defendant IN TIIE COURT OE COMMON PI,EAS CIJMBERI.AND CO1JNTY, PENNSYI,VANIA No. 5. ~0 Civil Term 2001 ACTION IN DIVORCE AFFIDAVIT OF SERVICE OF NOTICE TO DEFEND AND COMPLAINT. AND NOW, this September 25, 2001, 1, Jane Adams, Esquire, hereby certilS.' that on September 18, 2001, a true and correct copy of the NOTICE TO DEFEND AND COMPI,AINT were served, via certified mail. restricted delivery, return receipt requested, addrcsscd to: Andrew J. Rhine c/o Quality Inn 1255 1 larrisburg Pike Carlisle, Pa. 17013 DEFENDANT , Respectfully qh a.,ti~mitle.~: Jane Adan~s; Esquire ' I.D. No. 79465 117 South Hanover St. · Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PI,A1NTIFF · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: C. Signature D. Is deiiv~'/address~fl~re~t ~mm it~n ~?- I-I Yes If YES, enter deliver/address beh3~: [] No [] Insured Mail PS Form 381~1, July 1999 Domestic Return Receipt 102sgS-gg-M.1789 · xoq sql u ~+dlZ PUe'~se~pp~ · . · 'eu~u~a.!~d eSeeld :~epues. '~Y. LSOd saiV. LS aaJ. IN~ RACHEL J. RHINE, Plaintiff V. ANDREW J. RHINE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW ; NO. 2001-5330 CIVIL TERM IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the defendant, ANDREW J. RHINE, in the above captioned case. By: Respectfully submitted, Marcus A~McKnight, IIl~Esq~e 60 West P~mfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for defendant Date: December 4, 2001 RACHEL J. RHINE, Plaintiff V. ANDREW J. RHINE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2001-5330 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVIC~ I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe for Entry of Appearance was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Jane Adams, Esquire 117 South Hanover Street Carlisle, PA 17013 Date: December 4, 2001 By: IRWIN, McKNIGHT & HUGHES 60 West Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 RACHEL J. RHINE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ANDREW J. RHINE, : Defendant : CIVIL ACTION - LAW 2001-5330 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 tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: OCTOBER 17 ,2002 RACHEL J. RHINE, Plaintiff Ve ANDREW J. RHINE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001-5330 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 12, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose fights concerning alimony, division of property, lawye?s fees or expenses ifI do not claim them before a divorce is granted. 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 unswom falsification to authorities. Date: ~, 2002 RACHEL J. RHINE, Plaintiff ANDREW J. RHINE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : 2001-5330 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose fights conce~-dng alimony, division of property, lawyegs fees or expenses if I do not claim th¢n~ before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are hue and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: OCTOBER 17 ,2002 Defendant RACHEL J. RHINE, Plaintiff IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 5330 Civil Term 2001 ANDREW J. RHINE, Defendant ACTION IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this 2002, by and between, RACHEL J. RHINE, (Hereinafter referred to as "Wife"), an'd ANDREW J. RHINE, (Hereinafter referred to as "Husband"); as "HUSBAND"; WlTNESSETH: WHEREAS, Husband and Wife were lawfully married on December 23, 2000, in Carlisle, Cumberland County, Pennsylvania. Wife filed a Complaint in Divorce in Cumberland County, Pennsylvania, docketed at 2001- 533(;) Civil Term on September 12, 2000. WHEREAS, there were no children born of this marriage; NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows: 1. ADVICE OF COUNSEL AND FULL DISCLOSURE! OF ASSETS. The Husband has employed and had the benefit or counsel of Marcus McKnight, Esquire, as his attorney. The Wife has employed and had the benefit or counsel of Jane Adams, Esquire, as her attorney. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. 2. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable. 3. MUTUAL RELEASE OF ALL CLAIMS. HUSBAND and WIFE each do hereby mutually remise; release, quit-claim and forever discharge the other and the estate of the other, of and from any and all rights; titles, and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, or whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other. 4. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. 5. OUTSTANDING JOINT DEBTS. The only debt to which both parties are liable is a loan for a ring which Husband agrees to pay. Wife may not be held liable for the loan on the ring. 6. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner 'which conforms to the criteria set forth in 23 Pa.C.S.A. s3501 et. seq. 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 effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically wavier, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 7. PERSONAL PROPERTY. a. Husband shall receive and/or retain the following items: all personal property in his possession, his bank accounts, any life insurance policy, and his employee benefits. b. Wife shall receive and/or retain the following items: all personal property in her possession, her bank accounts, any life insurance policy, her diamond engagement ring. c. Husband agrees to waive any and all interest which he may have in the automobiles in possession of Wife. Wife agrees to waive any and all interest which she may have in the automobiles in possession of Husband. They each waive any claim which they have in any automobile owned by the other party. 8. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties pensions and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 9. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, and each party agrees to be responsible for his or her own legal fees and expenses. 10. 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. 11. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution o'f this Agreement. 12. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 13. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: RAC-H-EL J.-. RI/-II~, 151ai~ti-ff Date: ~/(~ I0~ , Defendani-- Date: 10/ I'7 /o 'Z_ 'WITN-Esi~' · RACHEL J. RHINE, Plaintiff vs. ANDREW J. RHINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- 5330 CIVIL IN DIVORCE ORDER OF COUR'% 2002, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated October 9, 2002, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: /Jane Adams Attorney for Plaintiff /,Marcus A. McKnight, III Attorney for Defendant RACHEL J. RHINE, Plaintiff VS. ANDREW J. RHINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 5330 Civil Term 2001 ACTION IN DIVORCE 2001. AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on September 12, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: I I -I - Rachel J. Rhine/Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE 'DECREE UNDER §3301(c) 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 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: I i~ I ~- J 0 ~ Rachel J. Rhin~, Plain i RACHEL J. RHINE, Plaintiff VS. ANDREW J. RHINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUN'FY, PENNSYLVANIA No. 5330 Civil Term 2001 : ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECOR_n TO THE PROTHONOTARY: Transmit the record, together with the following inforrnation to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under .~3301(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered by certified mail, restricted delivery, return receipt requested, delivered on: (_~ _ j ~ _ (~ j o 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: ~ ~ -- i ~ ~ C) ~ By Defendant: II -- J -7 *-- O ~,, 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in §3301(c) Diworce was filed with the Prothonotary: JO -- I --) -- dP ~ Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Date: Respectfully Sub~3J~t,ed~., oaj~/~aams, ~squire I.[:~Vo. 79465 36 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STAYE OF PENNA. Rachel J. Rhine, Plaintiff VERSUS Andrew J. Rhine, Defendant N o. No. 0J - 5330 Civil Term DECREE IN AND NOW, i :~ll0 ,__., IT IS ORDERED AND Rachel J. Rhine DECREED THAT AND Andrew J. Rhine 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; It i f her r r d an D creed that the terms and conditions of the marria e settlement agreement filed November 19, 2002 are incorporated herein by reference.