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HomeMy WebLinkAbout94-00012 " " , I !I " "- \, , I ("/ , ' , , " t:-"-'~-~"~:~'_:?N':'" :,!:,';' :*"*' ,~, -:.,*. :*~:t:. ';411,:':' > ,*. '*':..,.lII:H:~,"~::~'~_~~ ... * iii ... I!I ... * * * * I!I * I!I ... I!I 8 * ... IlIl . i . (I I!I I!I I!I (I * III ... ... . ... . ... . 11-_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. ROXANNE: l" LANGE:, Plaintiff Nil" ,<,l,4,::U",GIY,U", 1994 Vl'I','UL'{ IlALPII J. LANGE, Defendant DECREE IN o I V 0 R C E d-t z,~o~fJ1. AND NOW,)J lYY,J./b . 19ft,. it is ordered and I''''''..... '(fOXllntlC' I.. 1.11 IIg I.' , decreed that " , ' , " .' ' ,,' '. plaintiff, Ralph J. Lang" and, , , , , " , , , , ' , " , , , , , , , " , , , , ' , ' , , , '. defendant, are divorced from the bonds 01 matrimony. The court retains jurisdiction of tho following claims which hove been raised of record in this action for which a final order has not yet been ontorod; The, p,nrt ie,",- ,SeparatIon ~U1d I'rop~l'ty ,0et,tl~m\lpt, ,Atlr,e,<1t\1\,ll,t", ,<JIl,t,qd Ap'l'1.1 .1.8/, l,el91" tH , ~ n,corpo,r,n t~d h')1;'ptn Qnel, t,h\', ,c.,Cl'Jr,t, ,has, Jllds,-, , dictio ~ no other claims, /J ~,e~,..,y, ,,7 /- " .dk) 07u~P P,'othonotftl'Y . , . ~ .~~~..~**,~~..~,~*,~.~,.~,*~-**~.~ . . . . . . . . . . . . . . " ... ... . ... III ... I!I . ... ~ I!I ... ... * I!I ~ '" " J, ... .. " ~ ~ .. " SheARATilll'lAN111'RUrmn:.LSlITD.JiMliNL A(i Rl\liM.IiliT HilS AGREEMENT Made thisJI1U.'.. day of .L~_'!.i L., 1994 hy and hetween ROXANNI<~ L. LAN(,..: (hereinafter rcfwed to as WU+)" and RAU'U J. LANnI<: (hereinalkr referred to a, fIl/SIIAND); WITNESSETII: WIIEREAS, the partil~,~ Ill'reto were married on May 12, 1979, in a Rl'iigious cerelllony in Adams County, !'enllsylvania; have hcen and afl~ lIushand and Wife; and as a result of this union, three children wel'l~ horn to wit: SIIEI.I.EY MARIE I.AN<H:, hom March 21, 19!!2, SARAII WIIITNEY I.ANGE, horn January 16, 19!!4, and JOliN DAVID I.AN(iE, hom Novemher II, Il)!!l), hereafter referred to as the "children". WIIEREAS, diverst~, ullhappy differences, disputes and difficulties have arisen hetween the parties and It is the intention of WIFE and IIIJSIIAND to live separate and apart for the rest of their natural lives, and thc parties hereto are desirous of settling fully alld iinally I,heir respective financial and property rights ami obligations as hetween each other, including, without limitation hy specification; the settling of all matters betweeil them relating to the ownership and equitable distribution of real and personal property; settling of all malleI'S between them relating to the past, present and future support and/or maintenance of the WIFE, the sellling of any and all claims and possible claims hy one against the other or against their respective estate. NOW, HIEREFORE, in consideration of the premises and of the mutual promises, covenants ami undertakings hereinafter set forth and for other good and valuahle consideration, receipt of which is herehy acknowledged by each of the partie,~ hereto, Wile\: and IIIISIIAND, eacll intending to he legally hound, hereby covenant and agree as follows: I. Milllit.MtNI.rillI.A..I!AH_I1LlllY..illKli..rlill.CEEOlNGS: This Agrcement shall not be considered to affect or har the right oi WIFE or IIIlSIIAND to a limited or ahsolute divorce on lawful grounds a,' slJch grounds now exist or shall hereafter exist or to such defense as may he availahle to either party. Thi~ Agreement is not intended to condolll~ and shall not he deellled to he a condonation on the part of either party hereto of any a<:t or acts on the part of the other party which have occurred prior to the date hereof. The partle,~ intl~nd to secure a mutual const:nt divorce. 2. 1~fI.'lli;IJJLWy"QRC1U1JiClilil;: The parties agree that unless othelwise specifically provided 11l~rein, this Agreement shall conti nile in full force and effect after "uI:h time a.s a final decree in divorce may he entered with respect to the parties. 3. AQKIi.EMElIT..T(,UllUtK;OR!'ORATlill.lri..ill'yORCl: DEQlili: Thc parties agree that the terms of !hi.s Agreement shall he incorporated into any divorce decree which may be entered with respect to them. 4. ~ARAI1!iN: It shall be lawful for cach party at all times lJC.reaftcr to livc scparatc and apart from thc othcr party as such placc as he or she lJIay from timc to time choosc or decm fit. The foreg<llng provisions shall not he takcn as un admission on thc pdrt of cithcr party of thc lawfulness or unlawiulness of the causes leading to thcir living apart. 5. .lNlillll'.E.IlliN-11~: Each party shall he frcc from interfl~rence, authority, and <:tllltact by the other, a~ fully as if he or shc wcrc singll~ lInd unmarried except as may he nccessary to carry out the provisions of this Agreemclll. Neither party shall mole~t the othcr or attcmpt to endcavor to molest the other, nor compel thc other to cohahit with the other, or in any way harass or malign the other, nor in any way illlcrfcre with the pl~aceful existcnce, separate and apart from the other. 6. Wlrn~l11illI.S: WIFE repl'l~sents and warrants to HUSBAND that sincl' their scparation she ha~ nol and in the future she will not colllrlll:, or incur any debt or Iiahility for which IIIJSllANI> 01' his cstalc might hc re,~ponsible anti shall indcmnify and save harmless IIUSBANI> from any and all claims or dcmands made against him hy rea,sons of debts or obligations incurred hy hcr. 7. HilliliAril!'.S I> Ell'I:i: IIlJSUAND rcpresents and warrants to WIFE that since their scparation he has not and in the future hc will not contract or incur any debt or liability for which WIFE or hcr estate might be responsible and shall indemnify and save harmless WIFE from any and all claims or demands made against her by rcason of dehts or obligations incurred by him. 8. M.!1I.UL\kJlliLJ~: Subject to the provi,sions of this Agreement, each party has rclca~cd and dischargcd, and by this Agrecmcnt does for himself or hersclf and his or her heirs, legal represcntatives, exccutors, administrators and assigns, release and discharge the othcr of and from all causes of action, claims, rights, or demands, whatsoever in law or e<luity, which either of the partics ever had or now has against the other, except any or all causc or causes of action for divorce and except any or all causes of action from brcach of any provisions of this Agreement. 9. RliA1.I'ROPERIY: The marital homc at 21 Ivy Terracc, Carlislc, shall be thc properly of the WIFE togethcr with any lien thcreon. WIFE ,shall pay to IIIJSBAND the sum of $4,000.00 within sixty (60) days of the partics' cxecution of thi,s Agrecment as con,sideration for HUSBAND's illlercst in all marital property remaining in WIFE's posscssion. 10. JllY..lliillJ:i.OF I'ER.s.QNA1..fRill~,ERIY: (a) The parties shall divide thcir tangible persomll propcrty as follows: IIlJSllAND shall take posscssion of all items listed on Exhibit A of this Agrccment. IIcncellJrth, cadI of the parties shall own, have and enjoy, indepcndently of any claim of right of the othcr party, all items of personal property of every kind, nature anti description and whcresoevcr situatcd, which arc now owned or held by or which may hereafter helong to the IIlJSBAND or WIFE respectfully, with full powcr to the HlJSllAND or the WIFE to di,spose of same as fully anti effectually, in all respccts and for all purposes as if he or she were unmarried. All items of personal property shall he divided betwccn the parties as provided herein: (b) Pcrsonal Hfects: All items of personal effects such as, but nol limited to: jcwelry, luggagc, sports equipment, hohby collections and blKlks, hut not including furniture or any prollerty, pcrsonal or mhcrwise ,specilkally di,~posed of pursuam 10 this agreement, shall hcc()lne the ahsolutc and sole property of that pany who has had Ihc j)fincipal usc thereof or to whom the property wa,s given or for whom if was purchascd, and each pany hcrehy surn'nder,~ any intcrl~st hc or ,~hc may have in any such tangihle personal pfllpeny of thc other. (c) Illlangible Personal Property (OI.her than Lik Insuranct:): All stocks, honds, cash, and sums on deposit in chccking and saving accounl.~ (owned hy eithcr or hoth partie.~) have been or will be dividl~d to thc mutual satisfacti\lII of the panics. (d) Pcnsion: Each party rclinquishes and waives any and ally rights he or shc may have or hcrcafWr acquire in any pension or other retirement henefit of the other party. (e) Furniture and othcr Tangible Property: All furniture and other tangiblc personal properly not dispowd of pursuant to other paragraphs of this agrcemclll shall hc the property of the WIFE. (I) Dchts: The WIFE shall he responsihle for all cxisting joilll dehts and Iiahilities incurred by the parties prior tllthcir scparation excl~pt a,s otherwisc provided hercin. The WIFE shall also be responsible for all cxisting dehts and liahillties incurred in his own name prior to the separation. The WIFE shall he rcsponsihle for all existing dehts and Iiahilitie,s incum~d in her own name prior to the scparation. (g) The parties furthcr agree that ncitlwr will incur any future debts for which thc other may he hcld liable, 11Ild if either party incurs a deht till' which the other will bc liable, that party incurring such deht will hold the other harmless from any and allliahility thereon. II. AfI~llliIl.l'.1iliS.QNAUlilll'lliIT.Y:: Each of the parties shall hereafter own and enjoy, independcntly of any claims or right of the other, all itcms of personal propeny, tangihle or intangihle, her<~after acquired by him or her, with full power in him or her to dispose of the sanw a, fully and cffectively. in all respect and for all purposes, as though hc or she were unmarried. 12. !.:J.lSIQIll'.: (a) The IIUSIlAND and WII'I\ shall havc shared legal cuslOdy of thc children. (b) The WIFE shall havc primary physical custody of the children, thc fIlJSBAND shall havc certain rights of partial physical custody of thc minor children. The IIlJSBAND shall have thc children on altcrrmting weckend.s commcncing Oil Friday. at 6:00 p.m. until the following Sunday at 6:00 p.m. Thc IIlJSBAND shall make arrangcments 10 allow the childrcnto attcnd church with the WIFE on thosc weekends that he ha,s custody of the childrcll. (c) Thc father shall have partial physical custody of the childrcn on Father's Day and the mother shall havc physical cust<Kly of the childrcn Oil Mothcr's Day. (d) The IIlJSIIAND shall have parlial phy"ical custucly 1.11' the children un alternating holidays bel!inning with July 4th, 19<}4. Such holiday visitllti()JI will he at times agreeahlc hy the parties. Till; hulidays shall he New Year's Day, Eastcr, MemurialDay, July 4th, I.ahor Day, and Thanksgiving. (l~) The IIIJSBAND shall hllVC partial custody uf thc children each Christmas Day from 10:00 a.m. ullllI 2:00 p,m. (I) Thc IIlJSBAND shall hllve no les,~ than two (2) weeks, nor no longcr than one (I) mOlllh of extendcd phy~ical cu~tody with thc children each summcr. The IIlJSBANI> shall providc the WIFE with thirty nO) days notice of his intended exercisc of such extended summertime visitation. (g) The 1Il1SBAND shall have partial physical custody of the children 1Il all other times as may he mutually agrced upon hetwecn the parties and rhe WIFE shall not unreasonably withhold rights uf vi.silation or tempurary custody. (h) Thc IIUSBAND shall hc rcspon,siblc for tnlllsportation arrangcmcnt to and from partial physical custudy unll~ss otherwise mutually agreed upon hy the p,lrties. 0) Neither pcrson shall consume alwhol while in the prescnce of thc children, nor immediately hcfore ohtaining cu,stody of the children, 13. .IllVJfLJ1U.:'illl.N.1llli.: I':ach party has hecn adviscd of their right I.u ohtain counsel to represent thcm throughout this divorce proceeding, as wcll as to advisc them as to tlw legal ramifications of the execution of thi,s Agrcement. Thc WI FE has chosen 10 bc rcprescllled hy James J. Kayer, Esquire and the IIIJSBANI>, having hecn advisl:d of his right to said legal cuun.~cl, has willfully and knowingly chosen to waive that right and to rcprcsent himself pro .Ie. 14. rnUNSEL HillS: Each party shall pay his or hcr counscl fecs and expenses. 15. lliY.QR{;lj: The Ilarties herctu agree tu cnter intu a mutuul cun,sent divorce. WIFE agrces to Jlursue the divorce and to he the Plaillliff thercin. IIIISBAND agrecs tu sign the ncccssary documents, including an Affidavit of ('onselll and further instrumems thillmay he re.lsonahly rcquircd tu givc full force and effectlo the provisions of this Agreement. 16. WAlYER OF CI"MMS: Except as hcrein otherwise provided, each party may disposc of his ur her propcrty in allY way, alld each party herehy waives and relinquishes any and all rights hc or she shall now have or hereafter acquire, under thc prcsent or future law,s of any jurisdiction, to sharc in the propcrty or the estatc uf the other as a re,sult of the marital relation,ship, including without limitation, dower, courte,sy, stillutory allowance, widow's allowance. right to take in illlestacy, right to take against the Will of the other. and right to act as administrator or executor of the other',s estate, and each will. at the request of the othcr, cxecute, acknowledgc and deliver any and all instrumclll,' which may he necessary or advisable to carry into effect this mutual waiver and relinquishmelll of all such interests, rights and claims. 17. lliUiACU: If l'ithcr party hreaches any provi~ionof this Agrcemcnt, the other party shall have thc right, al his or hcr electiml, to sue for damagcs for such hreach or seck such othcr remtldies or relief as may he availahle to him or her, and thc party hreaching this cOlllract shall he responsihlc for puyment of Icgal fecs and I:Osts illl:urred hy the other in cnlilrcing their rights under this Agrecment. 18. Y.Qll1__(LA.u.~illi: If uny tcrm, cnndition, c1ausc or provision of thi,~ Agrcemelll shall hc detennined or declared to hc void or invalid in luw or <IIherwise, then only that term, condition, clause or provision shall he ,stricken from this Agrcement und in allothcr rcspccts this agrccmcnt shall he valid and cOlllinuc in fulllilrce, effect. .\Ild operation. 19. 111~R1YnYIUil~AJ1JNU~: The descriptivc headings used herein ure for cunveniencc only. They shall have no effect whillsoever in detcrmining thc rights or ohligations of the parties. 20. l~mJ'tNl1ENTS.El'!lRAIld_'Q_YliliANT.s: It is ,specifically undcrstood and agre/:d hy and hetwccn the parties hereto that each paragraph hereof shall he decmed to he a .scparaw and intkpendent covenant and agreemcnt. 21. AIlIln:HJNA1Lll'iliTIillMbNL~.: Each of thc parties shall from timc to time. at th,! request of the othcr. cxecute, acknowledgc and dcliver to thc othcr party any and all further instruments that may he rcasonahll~ required to give full tilrce and effect to thc provisions of this Agrcement. 22. AI~.'LKl\llLli...LltW: This Agrecnwnt shall be construed under the laws of thc Commonwcalth of Pcnnsy!vania and more specifically under thc Divorce Code of 1980. 23. AillllililiUitlfLIHNll1N~.Qt-LllElilli: This Agreemelll shall be hinding and shall inure to the henefit of the parties htlreto and their fl'spective heirs, executor,s, administrators. succcssors .md assigns. 24. 001lili.....i\ii.EEMEt'lI: This Agrecment cOlllains the entirc understanding of the partic,s and there arc no represelllations, warranties, covenants or undertakings tHher than those cxpressly sct forth herein. 25. MODIFI('A:nOr.~LA.t'H) WAlYlli: A modification or waiver of any of the provisions of this Agrecment shall he cffective only if madc in writing and eXl~cutcd with the same lill'll1ality us this Agrcement. The failure of cither party to insist upon mict pcrformance of any of thc provisions of this Agreement "hall not he construcd as a waivcr of any suhsequent default of the samc or similar nature. 26. W..AIYlili__W........R1SJIHS: Thc parties hcrcto have heen inlilrmcd of their rights or have heen advi,st~d to scek counsel to inform them of their rights under and pursuant to the Divorce Code. Act of April 2, 1980, Numbcr 1980-26, particularly the provisions for alimony, alimony pendente lite, elluitahle distrihution of marital property, counsel fees or expenses. Both parties agrec that this Agreement shall conclu"ively provide for thc distrihution of properly under the said law and herehy ROXANNE L. I.ANGJil, I IN THE COURT OF COMMON PLEAS or Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I VS. I CIVIL ACTION - LAW I NO'1) CIVIL 1993 RALPH J. LANGJil, <>< /';91 I Defendant I IN DIVORCE NOO'ICI TO DBI'_BN9 AND ClAIM RIGHTS YOU HAVI 8BBM SUBD IN COURT. If you wish to defend again.t the claims set forth in the following pagen, you must take prompt action. You are warned that if you fail to do so, the cage may proceed without you and a decree of divorce or annulment may be entered against you by the CQurt. A judgment may also be entered against you for any other claim or relJ.ef requonted in these paperg by tho Plaintiff. You may lone money or property or other rights important to YOII, including custody or vi8itation of your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marrIage counselling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILB A ClAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYBR' S FEBS OR BXPBNSBS, BBIl'ORB A DIVORCE OR AIOlULICBN'l' IS GRAN'rBD. YOU MAY I.oSB THB RIGHT TO CLAIM ANY OJ' THBM. YOU SHOULD TAKE THIS PAPBR TO YOUR LAWYBR AT ONCE. IF YOU DO MOO' HAW A LAWYER OR CANNOO' AFFORD OMB, GO TO OR TBLEPHOMB THB OrrICB SET FORTH BBLOW TO FIND OUT WHIlRB YOU CAN GBT LEGAL HBLP. Court Administrator - Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone (717) 240-6200 James J. Kayer, Esquire Attorney for Plaintiff Fifty East High Street Carlisle, PA 17013 (717) 243-7922 ROXANNIl L. LANGi! I IN THE COURT OF COMMON PLEAS OF p!lI1ntUf I CtlMBERLAND COUN'l'Y, PENNSYLVANIA I va. I CIVIL ACTION - I.AW I NO. CIVIL 1993 RALPH J. LANGm, I Defendant I IN DIVORCE COMPLAINT I.N DIVORCB COMES NOW, Plaintiff ROXAHNR L. LANGR, through her attorney, James J. Kayer, Esquire and avers as follows I COUll'l'_ I - DlVORCR 1. PlaintH f is ROXANNE L. LANGil, whos8 current home of record is 21 Ivy Terrane, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is RALPH J. LAMGR, whose current address of record is 21 Ivy Terrace, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on May 12, 1979 in Adams County, Pennsylvania. 5. There has been no prior actions of divorce filed in this matter. 6. The marriage is irretrievably broken, and the parties are prooeeding under Section 3301(0) of the Divorce Code.