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HomeMy WebLinkAbout06-2654IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ?(n 1.., f RICKEY L. PEEBLES, No. n PLAINTIFF, Civil Action---Divorce V. DEBRA L. PEEBLES, DEFENDANT, NOTICE TO DEFEND AND CLAIM OF 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. 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, Pennsylvania 17101 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA RICKEY L. PEEBLES, No. PLAINTIFF, Civil Action---Divorce V. DEBRA L. PEEBLES, DEFENDANT, AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomare accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulaminento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimoni, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la officina del Prothonotary, en la Cumberland County Court of Common Pleas, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL. HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULIAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBELLEVAR ESTE PAPELA UN ABOGADO DE INMEDIATO SI NO TIENE O NO PUEDEPAGAR UN ABOGADO. VAYA O LLAME A LA OFFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. & 3301(a)(6)-------Indignities 23 Pa.C.S. & 3301(c)----------Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. & 3301(d)----------Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation. A list of marriage counselors is available in the Office of the Prothonotary Cumberland County Courthouse,1 Courthouse Square, Carlisle, Pennsylvania 17013. GREGORY S.HAZLETT 7 West Main Street Mechanicsburg, PA. 17055 (717) 790-5500 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA c ?? RICKEY L. PEEBLES, No. - af.3'y C : t " ? / ?'A-41-1 PLAINTIFF, Civil Action---Divorce V. DEBRA L. PEEBLES, DEFENDANT, COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE PARTIES 1. Plaintiff is Rickey L. Peebles, an adult individual, sui juris and who currently resides at 260 North Locust Point Road, Mechanicsburg, 17055 County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant, is Debra L. Peebles, an adult individual, sui juris, who currently resides at 260 North Locust Point Road, Mechanicsburg, 17055 County of Cumberland, Commonwealth of Pennsylvania. JURISDICTION & VENUE 3. Both the Plaintiff and the Defendant has been a resident of the Commonwealth of Pennsylvania for a period of more than 6 months. 4. The parties were married on the Wh day of October 1982 in the County of Cumberland, Commonwealth of Pennsylvania. 5. Neither the Plaintiff nor the Defendant is in the military services 6. There have been no prior actions for divorce or annulment instituted by either party against the other in this or any other jurisdiction. GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE. 7. The prior paragraphs are incorporated herein by reference. 8. The marriage between the Plaintiff and Defendant is irretrievably broken. After (90) days have elapsed from the date of the filing of this Complaint, plaintiff intends to file an affidavit consenting to a divorce. WHEREFORE, if the parties file affidavits consenting to a divorce after ninety (90)days have elapsed from the date of the filing and the serving of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section 3301(c) of the Divorce Code. REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (D) OF THE DIVORCE CODE. 9. The prior paragraphs shall be incorporated herein as if fully set forth. 10. For the purposes of section 3301 (d) of the Divorce Code, the parties have been separated since on or about January of 2005. 11. The marriage is irretrievably broken. 12. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. 13. In the event that consent from the defendant is forthcoming Plaintiff shall seek a unilateral divorce pursuant to and in conformity with section 3301 (d) of the Divorce Code subsequent to the filing of this Complaint upon the expiration of 2 years from the aforementioned date of separation if consent is not forthcoming pursuant to 3301 (C). WHEREFORE, if plaintiff request the Honorable Court to enter a Divorce Decree under section 3301 (d) upon the expiration of two (2) years from the aforementioned date of separation. 14. The parties have two biological children born of the marriage. 15. The parties have not heretofore entered into any written agreement as to support, alimony, or property division. COUNTI PETITION FOR EQUITABLE DIVISION, DISTRIBUTION AND ASSIGNMENT OF MARITAL PROPERTY 16.. The averments of paragraph 1 through 15 of Count I, are incorporated herein by direct references thereto as if set forth verbatim. 17. The parties are the owners of various items of personal property and real property which qualifies as marital property as defined in the Divorce Code. 18. Such marital property includes real and personal property as well as other intangible property thought to exist, including but not limited to pensions, bank accounts, etc. 19 Such property is subject to equitable division, distribution and assignment by this Court. WHEREFORE, Plaintiff prays that this Honorable Court: (a) equitably divide, distribute and assign all of the parties' marital property: (b) enjoin Defendant from transferring or encumbering any marital property during the pendency of this action. GREGORY S. HAZLETT, ESQUIRE Dupre a I.D. # 69528 Att ey for Plaintiff 7 West Main Street Mechanicsburg, Pennsylvania 17055 (717) 790-5500 VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. & 4904, relating to unworn falsification to authorities. ! duo "_ Rickey L. ebles, Plaintiff Date: ' Y 01 acceo C-? c 1 ?c f. V o C m?. t O ?(t C?? IYI C7'1 a Barbara Sumple-Sullivan, Esquire Supreme Court 432317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICKEY L. PEEBLES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -DIVORCE DEBRA L. PEEBLES, Defendant NO. 06-2654 ANSWER AND COUNTERCLAIM TO DIVORCE COMPLAINT AND NOW, this 14t` day of September, 2006, comes Defendant, Debra L. Peebles, by and through her attorney, Barbara Sumple-Sullivan, Esquire, and files this Answer and Counterclaim. In support thereof, it is averred as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE 7. Paragraphs 1 through 6 of Defendant's Answer and Counterclaim to Divorce Complaint are incorporated herein by reference. 8. Admitted in part. Denied in part. It is admitted that the marriage between the Plaintiff and Defendant is irretrievably broken. The remainder of the paragraph is denied since Defendant is without sufficient knowledge as to the truth of this averment. REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(D) OF THE DIVORCE CODE 9. Paragraphs 1 through 8 of Defendant's Answer and Counterclaim to Divorce Complaint are incorporated herein by reference. 10. Admitted. 11. Admitted. 12. Denied. After reasonable investigation, Defendant is without knowledge sufficient to form a belief as to the truth of the averment, and said allegation is denied. 2 13. Denied. After reasonable investigation, Defendant is without knowledge sufficient to form a belief as to the truth of the averment, and said allegation is denied. 14. Admitted with the clarification that the parties' two children are emancipated. 15. Admitted. COUNTI PETITION FOR EQUITABLE DIVISION, DISTRIBUTION AND ASSIGNMENT OF MARITAL PROPERTY 16. Paragraphs 1 through 15 of Defendant's Answer and Counterclaim to Divorce Complaint are incorporated herein by reference. 17. Admitted. 18. Admitted. 19. Admitted. COUNTERCLAIM OF DEFENDANT TO PLAINTIFF'S COMPLAINT IN DIVORCE COUNT II SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 20. Paragraphs 1 through 19 of Defendant's Answer and Counterclaim to Divorce Complaint 3 are incorporated herein by reference. 21. Lite. Defendant requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Defendant requests an award of Support, Alimony and Alimony Pendente COUNT III ATTORNEY'S FEES AND COSTS 22. 23. Paragraphs 1 through 21 of Defendant's Answer and Counterclaim to Divorce Complaint are incorporated herein by reference. Defendant is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Defendant requests an award of counsel's-tees and expenses Dated: September 14, 2006 f Barbara'Rumple-Sullivan, Esquire Attorney for Defendant 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICKEY L. PEEBLES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DEBRA L. PEEBLES, Defendant : CIVIL ACTION -DIVORCE : NO. 06-2654 VERIFICATION I, DEBRA L. PEEBLES, hereby certify that the facts set forth, in the foregoing ANSWER AND COUNTERCLAIM are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. - " A-" Dated: a , 2006 DEBRA L. PEEBLES Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICKEY L. PEEBLES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -DIVORCE DEBRA L. PEEBLES, Defendant NO. 06-2654 CERTIFICATE OF SERVICE I, Laura J. Hughes, Secretary to Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Answer and Counterclaim, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Gregory S. Hazlett, Esquire 7 West Main Street Mechanicsburg, PA 17055 DATED: September 15, 2006 aura J. Huge , Secret t Barbara Sump e-Sullivan, squire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 f l b NZI r. ,7 ,. 7 'Tl C? • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA RICKEY L. PEEBLES, Plaintiff, No. 06-2654--CV V. Civil Action - Divorce DEBRA L. PEEBLES, Defendant AFFIDAVIT OF CONSENT t ? rn rrl s t1 ?' Q - a 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 9th, 2006, and served upon defendant on May 30th, 2007, by way of an Acceptance of Service. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of service of the divorce Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. T 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. Cons. Stat. S 4904 relating to unsworn falsification to authorities. 26 Date: ? ? - - Debra L. Peebles, Defendant ?.? C? ? i C'. c? `3-s ? cry - _ _. __. ?-=? - ?, . -.-,r.- ' ,_ = .: -?- ,... ?j ,,? •=r. 0 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA RICKEY L. PEEBLES, Plaintiff, V. DEBRA L. PEEBLES, Defendant No. 06-2654--CV -0 Civil Action - Divorce a . . ?? -? C .mac,: a WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY 01" 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 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. 4. 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: g3 Debra L. Peebles, Defendant r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA RICKEY L. PEEBLES, Plaintiff, : No. 06-2654--CV V. DEBRA L. PEEBLES, Defendant : Civil Action - Divorce AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 9th, 2006, and served upon defendant on May 30th, 2007, by way of an Acceptance of Service. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of service of the divorce Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I 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 are made subject to the penalties of 18 Pa. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date• a 8 ickey L. P bles, Plaintiff r- ? r?} C., • ? girt r ?,., {. ?? S,_' t ?? f- ?,, s ::. _ r ? ?al '!?^'. ? ?r'?.r ' ? ?".' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA RICKEY L. PEEBLES, Plaintiff, V. DEBRA L. PEEBLES, Defendant No. 06-2654--CV Civil Action - Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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 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. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made sub;ect to the renallies of 18 Pa.. C.S. & -.1904 relating to unsworn falsification to authorities. Date: 02 o ? % .? c:a ?'vy -i"D ?,?° ? --i r__ . - _,._... c a--? . . [,;;,: _ c [`? t ? G.?3 .?? ..; SEPARATION AND PROPERTY SETTLEMENT AGREEMENT OF RICKEY L. PEEBLES AND DEBRA L. PEEBLES THIS AGREEMENT, made this day of -TU / 4 , 2007, by and between Rickey L. Peebles, hereinafter referred to as" Husband", and Debra L. Peebles, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on 16" day of October 1982 in the County of Cumberland, Commonwealth of Pennsylvania. WHEREAS, certain differences have arisen between the parties as a result of which they have separated and, and are desirous, therefore, of entering into an agreement which will provide for support, distribute their marital property, and will provide for their mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs successors and assigns thereby, covenant, promise and agree as follows: 1. SF,PARATTON: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. RFFRENCF.: Each party shall be free from interference, authority and contact by the other as fully as if he or she was, single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried 3. AME'S DF.RTS: Wife represents and warrants to Husband that since their separation on or about January of 2005, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims and demands made against him by reasons of debts or obligations incurred by her subsequent to the entry of the divorce decree. 4. MJSRAND'S DF.RTS: Husband represents and warrants to Wife that since their separation on or about January of 2005 he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims and demands made against her by reasons of debts or obligations incurred by him. (A) OUTSTANDING MARML DF.RTS! It is represented as between the parties that all outstanding marital debt has been paid in full. 5. LEGAL. REPRESENTATION It is hereby acknowledged and understood as between the parties to this agreement that each is represented by legal counsel of his or her choosing. Husband is represented by Gregory S. Hazlett, Esquire. Wife has been advised by Barbara Sumple Sullivan, Esquire, who has represented Wife's legal interests. Each party has been fully advised of their respective legal rights and responsibilities and have accordingly reached this agreement voluntarily and knowingly. 6. MIMAT. RELEASE! Subject to the provisions of this Agreement, each party waives his or her right to any and all legal or equitable claims not otherwise provided for or allowed within this agreement, inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, as amended. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Section 202 of the Divorce Code. 7. _EQUITABLE DISTRIBUTION OF MARITAL PROPERTY, The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the age, health, station, amount and sources of income, 2 vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties' including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRI RMTON OF PERSONAL PROPERTY The parties hereto have divided equally all personal items consisting of, hilt not by wax of limitation. the household f urnishinga, ap hn ,anees. and other household personal pro y of whatev _r We, es ripban. and form, he*ween them. EXCEPT the hunting du k s am P s Figurines; Model Trains,Epsnn Printer, and Camera rear which Wif shall gav to hushand and release any claims to such property that she would n h rwis hav Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph . Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest is such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which they have divided equally pursuant to this agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real of personal, whether such property was acquired before, during or after the marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. $. REAI. PROPERTY. The parties to this agreement have a legal equitable and possessory interest in real property consisting of a marital home located at 260 Locust Point Road, Mechanicsburg, PA. 17055 in the County of Cumberland. It is hereby agreed as between the parties that the Wife shall receive one hundred percent of the equity in the home and husband shall execute a deed into the Wife's name conveying all legal and equitable ownership interest to said home to Wife upon the Wife refinancing the marital home. To the extent that the home has a mortgage balance, Wife hereby agrees to refinance said home within one year of the execution of this agreement and remove husband's name from the existing mortgage, at which point Husband will sign over all legal and equitable ownership interest in the home to the Wife by way of a Deed Husband shall be entitled to declare any interest paid relative to the mortgage on this home as a deduction for Income Tax Purposes and Wife shall cooperate in executing any documentation to facilitate husband's deduction of said mortgage interest. 3 8. REAL PROPERTY---CONTINUED: Husband shall be entitled to retain full legal and equitable ownership interest of approximately eight (8) acres of raw land located in Lycoming County, Pennsylvania. Wife shall relinquish and release all claims to such property to husband and shall convey to husband all legal and equitable ownership interest to Husband and he shall retain one hundred percent (100%) of all equity in this property. 9. PAYMENT OF MARITAL, DF,RTS NONE 10. POST-SEPARATION OBLIGATIONS The parties agree and acknowledge that any and all obligations incurred by either party subsequent to January of 2005, the date of separation shall be the sole and separate liability and responsibility of the party incurring the obligation. Each party agrees that he or she will not attempt to, and/or incur any liability financial or otherwise, to which the other party may become liable in any capacity direct or indirect. To the extent that such party incurs a liability to which the other party may become liable, the party incurring such obligation shall indemnify and hold harmless the other party from any and all liability arising from such post-separation and/or future obligations. 11. MOTOR VEHICLES Wife shall be entitled to retain both possession of and legal and equitable ownership of the 1998 Oldsmobile Intrigue which is currently titled in her name. Wife shall pay any and all expenses related to her possession and ownership of this vehicle. Wife shall be entitled to retain both possession of and legal and equitable ownership of the 2002 Honda Civic which is currently titled in her name. Wife shall pay any and all expenses related to her possession and ownership of this vehicle. Husband shall retain possession and legal and equitable ownership of the 2001 GMC Sierra which is currently titled in his name. Husband shall pay any and all expenses related to his possession and ownership of this vehicle. Each party shall execute any and all documentation necessary to convey any interest into the receiving party's name to give effect to the allocation of the aforementioned vehicles. 4 12. STTPPORT Husband hereby agrees to pay to Wife Alimony of one thousand dollars ($1,000.00) per month for a period of five years to commence effective May of 2007. This amount shall not be modified and therefore the amount per month shall not be lowered or raised during this five year period. Husband, shall be entitled to deduct these payments from his income tax each and every year and Wife shall agree to declare such payments as income and agrees to execute any tax related documentation to facilitate and allow husband to declare such payments as a tax deduction. Wife shall relinquish and waive any an all other forms of support of any kind against Husband. It is hereby agreed that in the event that the Wife remarries within the 5 year period of alimony that such alimony shall cease immediately and Wife shall no longer be entitled to collect alimony for the remainder of the five year period or anytime subsequent to the date of her remarriage. Each party forever releases, relinquishes, and forfeits any and all claims against the other for Spousal Support, Alimony Pendente Lite, Alimony, Costs and Expenses and any and all other claims of support of any kind except as provided above. 13. PENSION P .AN(S)! The parties release any interest in the opposite spouse's Pension(s), 401(k)(s), Retirement Account(s) Stocks, Bonds, Life Insurance Policies Individual Retirement Accounts, or any other interest wheresoever located and which may have accumulated prior to, during and/or subsequent to the marriage. The TAP account that is held by both parties shall be divided equally between them with each spouse to receive fifty percent of the total value of these accounts when it is divided. Wife shall be entitled to retain one hundred percent of the value of any Savings Bonds that are titled in her name alone or her name and the childrens' names jointly. 14. C'OUNSEI. FEES AND EXPENSES: Husband and Wife Acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provisions for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. Each party shall pay their respective counsel fees and shall not advance a claim for contribution from the other party. 15. WAIVERS OF CLAIMS AGAINST ESTATESt Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, intestate share, right to take against the will of the other, and right to act as administrator or executor of the others estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 5 16. SUBSEQUENT DIVORCE I ATTORNEYS FEES Husband has filed a no-fault complaint in divorce against Wife under Section 3301 (c) of the Divorce Code. This Agreement shall be incorporated into but shall not merge into any such judgment or decree of final divorce. 17. BREACH AND ENFORCF,MF,NT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other such remedies or relief as may be available to him or her, and the party breaching this Agreement should be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, or in Law and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties to not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of Equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in consequence of any default or breach by the other of any of the terms or provisions of this agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever; provided that the party seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect or enforce his or her rights under this Agreement. 18. ADDUTONAL NSTRUMF.NTS: 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 that may be reasonably required to give full force and effect to the provisions of this Agreement. 6 19. VOLUNTARY F.XF,C'ITTION• The provisions of this Agreement and their legal effect have been completely reviewed by the parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them. 20 F,NME AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the division and distribution of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 401(d) of the Divorce Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing any provision of this Agreement. 21. DIS CLOSURE! Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other party of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 22 MODIFIC'ATTON AND WAIVER: A modification and 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 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. 23. PRIOR AGRFEMFNT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement and specifically the Marital Settlement Agreement executed on May 24`x, 2007 is null and void and of no effect as well as any verbal agreements or representations occurring prior to the effective date of this instrument. 7 24. DESCRiPTJW, 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. 25. IrNDF.PF,NDF.NT SF.PARATF, CnVF,NANTS! 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 covenant and agreement. 26. APPIKABLE LAW* This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 27. VOID C. .A TSF.S: If any terms, conditions, 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. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 8 IN WUMESS WHEREOF, the parties hereto have set their hand and seals the day and year first above wr' en intending to legally bound. 6& / POWL4,1 Ricke . Peebles Commonwealth of Pennsylvania County of Cumberland on this, the oC Y YA-' of V A.D. 2007, before me a Notary Public appeared Rickey L. Peebles , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. mmouggAmfoliffm REOF, I he NoWhl SW JoM L. I'M le Nm7 Ptibk 11 11 - I'ftIIIIIWCIwiwbm4W M Cometbsion gwkw Jut, 8 2010 L&AY Debra L. Peebles set my hand and ofcial seal. Seal Commonwealth of Pennsylvania County of Cumberland Title of On this, the J) t day of, l L A.D.2007, before me a Notary Public appeared Debra L. Peebles, known to me (or satisfac drily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. hereunto set my _a Kota W Saes Eftebeat E LOWWWW. NaWy ftbll?L 31rra?Sp Q Twp., OtVhWI W CW* My 0WF* ebn E>l kW J* 3a, 2010 and official seal. Seal Member, Pennsylvania Association of Notaries ''a` f bTitle of t 9 'r? ?s4'+ X111 } b Y Ae, rN) C`J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA RICKEY A. PEEBLES, PLAINTIFF, VS. Civil Action---Divorce Docket No. 06-2654-CV DEBRA L. PEEBLES, DEFENDANT, CERTIFICATE OF SERVICE I, Gregory S. Hazlett, Esquire, hereby certify that on the 30th day of May 2006 I made service of the foregoing Divorce Complaint and related documentation, upon the following interested parties listed hereunder by way of first class mail postage prepaid. DEBRA L. PEEBLES 260 NORTH LOCUST POINT ROAD MECHANCISBURG, PA. 17050 GREGORY S.HAZLETT G5g6ry 1.1jj01etfEsquire est Main Street Mechanicsburg, PA. 17055 717-790-5500 si ^4a? rzi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA RICKEY L. PEEBLES, Plaintiff, : No. 06-2654--CV V. DEBRA L. PEEBLES, Defendant : Civil Action - Divorce I Debra L. Peebles, accept service of the Complaint in Divorce, Notice to Defend and Notice of Availability of Counseling in the above-captioned matter. I acknowledge that I am the Defendant in said matter or that I am authorized to accept on behalf of the Defendant. ?. 006 Date Debra L. Peebles„ Defendant or Authorized Agent Mailing Address , 14 7u_5-0 (F ° r--n ru -o m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA RICKEY A. PEEBLES, PLAINTIFF, VS. Civil Action---Divorce Docket No. 06-2654-CV DEBRA L. PEEBLES, DEFENDANT, PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Please 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. The complaint in Divorce was filed on the May 9`h, 2007, day and served on the May 30`h, 2006 by way of Acceptance of Service on (attached hereto) 3. The plaintiff, signed his Affidavit of Consent and Waiver of Notice of Intention on September 28`h, 2007. 4. The defendant signed his Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree on 13`h day of September 2007. 5. There are no related claims pending to the extent a Marital Settlement Agreement was signed between the parties on the 25th day of July 2007 which shall be incorporated into the Divorce Decree.. 6. The defendant signed a Waiver of Notice of Intention to Request Entry of Divorce Decree pursuant to Rule 1920.72 a copy of which is attached hereto Date: 10/24/2007 Ayfiey for Plaintiff 7--West Main Street Mechanicsburg, PA. 17055 Phone: 717-790- 5500 n C --t .? --G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. No. 06-2654-CV VERSUS DEBRA L. PEEBLES DEFENDANT DECREE IN DIVORCE 2007 AND NOW, lc•- 36 ' , IT IS ORDERED AND DECREED THAT RICKEY L. PEEBLES. , PLAINTIFF, AND DEBRA L. PEEBLES, ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,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; The Marital Settlement Agreement executed on the 25TH day of July 2007 shall he Incorporated into the Divorce Decree and shall not merge. BY 71-- OURT: 11 -? ATT E PROTHONOTARY Aid) •