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HomeMy WebLinkAbout94-00091 " I I " " , 'J I,' I 1'-.., \ ',' " , , " , " , ,,/ (' I I -:t-I 0"'1 <:r'i " " - J; j I ':.c-.:.c- .;e.:. .*. .ltc. .;e.:. ,*~. ~,.. . . . . ~I * * ~ ~ ~ ~ ~ ~ ~ 8 * * * $ M ~l ~l ~ i ... '.. .......~. '.' .~.. .~, .- '~'. .~, .-. .- .- .- -1 '..' ..,' ',,' ..- ...... '''.-' ....... ~, '._' .,..-",- '~',.:'~ .'~: :.~.,,~,_:~.- . * * , 8 . . * * . . * . * . I, . . . ~ ~ * * * $ * * * * . ~~. .;<<. .:c. .~.;. <.~, IN THE COURT OF COMMON PLEAS OF CUMBERL.AND COUNTY STATE OF PENNA. [WHEL R. RIPPON , i'\1I. . .9L,. HHH'''''''' 19 94 Plaintiff Vl\ 1':"; I I.'i LORI L, RIPPON, Defendant DECREE IN DIVORCE AND NOW, "t:'1'1 ". ~ , . . decreed that. ,DNHE;L R:. !{IPPO\'l... and ,..,. LORI .1.'. ,RIPPON 19 . 9'!. . '. It Is ordered and . , , . . , . , '. plaintiff, , , . , . , , " 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; , ,NOne., . .1hellttachedAgre~m;I,~l-)fi!1;'fi!11Y, I,r:\C;Qt;1,lQ1;'l)tf;'c,!,Ql,lt .oot .ll1efliWc,!, into this Decree. lIy Th6 CourtY' /' J, u1-p -6---::. '\ 0L.., All.' , U' ~~)'k~ K ~/t1 I o/~<~ /., I'rc)thonolary 1* !~ ( ~ ~ ',' I~ I' ~ J. r,., , , ~ \',' . ~ I .' I~ '.' ~ ._*--~----------------- I I '~ '^ ~ " I I " I PO~T-NUPTIAL AG~~EMENT ] '! ! THIS AGREEMENT mad~ and entered into this 22nd d.y of ,. Marohl 1994 by and between: .., /" j DANIEL R. RIPPON, of 1737 Creek Cumberland, Pennsylvania, party part, (hereinafter "HUSband"), Vista Drive;, New of the first. WI .1..1' ;'A;", AND .. ~ LORI L. RIPPON, of 507 Magaro Road, Enola, Pennsylvania, party of. the second part, (hereinafter "Wife"). WITNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as "the parties") were married to each other on October 20, 1990 and last resided with each other at 2233 Aspen Court, Mechanicsburg, PennSYlvania; and WHEREAS, the parties hereby have accumulated certain assets and property during their marriage; WHEMEAS, the parties hereto have had no children of their marriage, are not the natural parents of any children and have not adopted any children; and LAW O'I'ICI~ tSNILDAl<lA . B"[NN[M~N LAW OI"I"ICII.. SNILBAl<t:R . eRINNIMMI " WHEREAS, certain differenoes have arisen between the parties, as a consequence of whioh they have heretofore separated and now Uve separat.e and apart from saoh otherr l\nd WHEREAS, on January 7, 1994 Husband commsnced an aotion Ln Divoroe dooketed to No. 91 civil 1994 in the Court of Common Pleas of oumberlund county, i>ennsylvania (hereinafter referred t'l as the "Divorce Action"); and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties acknowledge that each has had the full opportunity to be adviaed independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status; and WIIER~~AS, the parties having a full opportunit.y to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each otherls property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs. NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinaftsr sst ~2- LAW Ofl'lCI' SNILBAKIR . B"IrINIMAN forth and to be kept and performed hy each party hereto, and intending to be legally bound hereby, the partieS mutually agre. as tollowsl 1. INCORPORATION OF PREAMBLE. The toregoing preamble and paragraphs are incorporated by reference herein in theil' entirety, 2. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION. The parties declare and agree that they have, prior to the execution ot this Post-Nuptial Agreement, VOluntarily agreed to divide and have physically divided and distributed between themselves all assets which they acquired during their marriage, whether or not said property is or would be deemed to be marital property under Pennsylvania Divorce Code and subject to equitable distribution. The partiea further declare and agree that prior to the execution hereof, they have voluntarily distributed between themselves all assets and property which each brought with them into their marriage. Tho parties declare and acknowledge that they are tully aware and familiar with all assets and property that each have brought into the marriage and that have been obtained or acquired separately or jointly by them during the courso ot their marriage and therefore waive any evaluation thereof. Each party expresely releases the other ot and trom any and all right -3- LAW O""CII. 8NELIIAKIU, . BIUNNlMAN of equitable distribution or claims to assets and property at any kind or natul'e whatever possesfled by the other party. 3. DlVlBION OF .J.IABI LI'l'il.li . 'l'he parties daclal"e and agree that they have divided and allocated between themselves all debts and liabilitiee, whether or not incurred by them during the course of their mllrria<Je. t1~18band specitioally agrees to be responsible for all debt incurred and presently due upon the parties' accounts with Texaco, J. C. Panny and Montgomery Ward. lIuflband agrees to hold harmless and indemnify Wlte fr.om any and all debts, damages, costs and expenses which Wife may incur directly as a result of t1uabandls failure to payor dischar.ge the above account obligations. 4. flITYRE OBLIGA'l~. The partles agree that any and all obligations incurred subsequent to the date of this Post-Nuptial Agreement shall be the sole and separate liability and responsibility of the party incurrinq the obligation and each party agrees that he/She will not incur or attempt to incur any obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and all liability arising from such future obligation. 5. ~~EL FEES. Each party to this Post-Nuptial Agreement shall be responsible for paying his or her own counsel fees and related costs associated with the proceflsing of the Divorce Action and the negotiation, execution and consummation -4- LAW 0....11.':11. SNl[LUAKUl . eflllNflEMA>j qf the provisions ot this Post-Nuptial Agreement. 6. IDlLEABE OF BlIPPOI\T....AWL.RIGHTB UNDER DIVORCE CODE. Each party waives and forever releases the other party of and from any and all claims Which either may have against the other tor spousal support and tor all claims which either may have against the other by reason of and pursuant to the pennsylvania Divorce Code (and the divorce law of any other jurisdiction) inclUding, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs and expenses, except that the performance of any Obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 7. DIVORCE. The parties agree to terminate their marriage by mutual consent without counselling and each agrees to execute the necessary affidavits and consents to procure a consensual divorce under the provisions of the Pennsylvania Divorce Code, such documents to be fUed in the Divorce Action. 8. ~ERAL REL~. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators -5- LAW O~~ICIo.' SNILBAKIlA . BftlHHlEMArl or ..siqnsl 01' any ot theml ot any and all olaims, demands I damaq.s, actions, oauses ot aotion or suits at law or in equity ot whatsoever kind or nature, tor or beoause ot any matter or thinq done, omitted or suttered to be done by suoh other party prior to the data hereot, exoept that thia release shall in no way exonerate or disoharqe either party trom the obliqations and promises made or imposed by reason of this Agreement. This Aqreement shall not be construed to afteot or bar the riqht ot either party to an absolute divoroo on leqal and truthful qrounde if they now sxist or may hereafter arise, this Aqreement beinq intended to provide a detinite and orderly method of resolving the various property and business transactiona between the partieo, and not being intended as an agreement by either party not to defend against a suit in divorce commenced by either party or in any other way to be regarded as a waiver of any right by either party to participate in the Ut.igation of any such action, with the exception of any rights, however, as previously released by this Agreement with regard to alimony, alimony pendente lite, spousal support, equitable distribution of property, counsel fees, costs and expenses, other than the enforcement or performance of this Agreement which may be instituted pursunnt to the remedies available under the Pennsylvania Divorce Code. 9. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post-Nuptial Agreement shall survive any -6- LAW O"ICk. 8NILIIAI<Il" . eftlNMIMAN aotion in divorce which may be instituted or proseouted by either party, and no order, judgment or deoree of divoroe, temporary, interlooutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforoement proceedings under the Pennsylvania Divorce Code. The parties agree to 1ncorporate this Agreement int.o a separate order of court to be entered 1n the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 10. COOPERATION. The parties agree to oooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post-Nuptial Agreement. 11. ~Q~TARY EXECUTION. The parties declare and aoknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect fully explained to them by independent counsel of their choosing and each party acknowledges that this Post-NuptiBl 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 influenoe. The parties acknowledge that they have been furnished with all information -7- LAW O"'II:l.l SNILOi\KIFt a Bft(N~I(MAN relatinq to the tinanoial affain ot the other to the extent same has been requested by eaoh ot them. 12. E~TIRE AGREEMENT. This Post-Nuptial Agreement oontains the entire understanding ot the parties and there are no representations, warranties, oovenants or undertakings other than thosu expressly set forth herein. The parties aoknowledqe and agree that the provisions of this Aqreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the lenqth of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby aocept the provisions ot this Agreeme.nt with respect to the division of propsrty in lisu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have aqainst the other for equitable distribution ot their property by any court of competent juriSdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelliqently waives and relinquishes any riqht to seek a court ordered determination and distribution of marital property, but nothing hersin contained shall constitute a waiver by either party of any rights to seek the relief ot any oourt for the purpose of unforcing the provisions of this Aqreement. -8- L^W ,)l'~I<;"~ B~uut^'(I." . lJAINNIEMMl DANIEL R. RIPPONI plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERl.AND C()UN'ry, PENNSYl.VANIA I I I I I I I {71 NO. CIVIL 199/, VB. CIVIL ACTION - DIVORCE LORI L. RIPPON, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have be~n sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt aotion. You are warnsd 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 bs entered against y~u 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 chlldren. When the ground for dlvorce is indlgnities or irretrievable breakdown of the marrlage, you may request that the court require you and your SPOUSQ to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Offioe of the Prothonotary at the Cumberland county Court House, Carlisle. You are advised that this llst is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arr.angements and the cost of counseling sessions are to be borne by you and your spouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, I,AWYER'S FEES OR EXPENSES BEFORE A DIVORC/i: OR ANNULMENT IS GRANTED, YOU MAY !..OSE 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 WHERE YOU CAN GET LEGAL HELP. Court AdminIstrator. One Courthouse square Carlisle, Pennsylvania 17013-3387 (717) 240-6285 By ,~/~~NEMAN, P.C. torn~~ " f ' 0.() ~\, ;~' '-.. ;" , " .qwl ~"'l ~'('1'~ 'I :~:' ;' h ;'1..,,1 :,1 I, It :i"%;:, , ~,."I , I 1:1/ ".','j " ,,' , .'" , , "1\ ""''t" ",-j'; ,,)' ,'"j n ,I I 'I' Ii " I " , ':, , , ' , ,I I 'I I' " 'I ,r., I, .", /1,'; " I ,I, I 'I' Ii ,I' ,.i' " I': "}, tyl;j Llf.I" "'h \.: 11"'" 1')'\"{ I '. .,( 1 ,i ..l(, 11'~Y~t" >'1' f:' I 1,1:'1:,1'," '\,N\_:"-,'l!\....-i~:it, , ':;;.j~';i~~-f,h:pjfi ',,' ;,'.,<('I-i\('" L "I 1 I ': I' ~:~ II, 1"~ it' . I J [ ,~ IJ" I ~ ,1 t I II I .. ~ ,llt.,J! \!,r~111j1Ii ." I: '/\':,,', fl 'l~~'~i7."~ , , "'I '" ,,,,IK '",l;,,'~,~I(,\ ""1~"I!'r~ j I\,' '\I'!,I~ ~\ " I ~ ~ I,,' I' ill \~,"II'~ '1~ I' 't' lIt "',. ;',1 \1.1 ri II ~Lt.'d~J~ I'll I 1'1"" ,:jl f''r! 'lll;.1 l\ ....~1 I . I r I ' I .' I I t \I-~ ~ ,,'V"'i"I','-""1 "Ilil.'" ,i, I,' \.';;:,-"Ip ;I,'~'I~.! , ~ \I f/ll~~ , ",'" ,; l~it'I'" II' . \ ita ." " "'11(\ -A.'1i \ll".t;~1 I 'I'!'" ,,'I, '1,,'M.'ill'1 \1'. I':.:r' Ih;'lij{l"l II HI" I r~~L\' ~\'l" _/; \' .. ~;Il 'I !Ill (l~lr II, Ilh,tf.v";: ,',1.',(" f/'i\N' ,", Y'l'i' ", I ' I , ~ Ii, ri,\\ ;'1 ,j ,~ " ,,' 'i_, ,'j I ,":" 1'- :'1 li , , , '1,', , .1 I. ,I i ',I' H' 1 , ," ii' I ;" " I' " , I ':Jc .i. II '1'1' "I "".J:!I'\' I i,:~I- " I i '.-.. I' '1"11,,,:.1 I , 'I Ii, " I,,> ", ,;' 'i ,I't,ll\! :1',......;1 " " \.1 II:' I, 'I' ..! I. o H, II"":! 11, I .~ I ifl! II' .. . I' " ,'" , .(' "',",\.1 , I" 1!~c ,{ .:. ;., I l;i,,~'j~,i':~{!I'~';: It" ,,' 'I 1;\ ,I ~ ~~ ..,. . ., . ll!i , " ", , ~ , , '2 ....., - . ~ " LAW O,""Clt. 8NIlDAKlEA . Bill IHHl 1M AN DANUI. R. RIPPON, Plaintiff IN 'fH!; COURT OF COMMON PLEAS OF CUMBERI,AND COUNTY, PElmSYINANIA V. CIVIl. ACTION - I,AW LORI I" RIPPON I Defendant NO. 91 CIVIL 1994 IN DIVORCE AEFIDAVI~JQf. BERVICi COMMONWEALTH or PENNSYLVANIA SS. COUNTY OF CUMBERLAND Keith O. Brenneman, Esquire, being duly sworn aooording to law deposss and says: that he is a prinoipal in the law firm of Snelbaker & Brennemall, P. C., being thfl attorneys for Daniel R. Ripponl the Plaintiff in the above oaptioned action in divoroe; that on January 11, 19941 he did send to Defendant Lor i 1.. Rippon by certi! ied mail, return receipt requested, restricted delivery, a duly certified copy of the Complaint in Divorce which was filed in the above captioned action as evidenced by the attached cover letter of the same date ("Exhibit A" hereto) and receipt for. certified mail; that both the Complaint and cover letter were duly received by Lori L. Rippon, the Defendant herein, as evidenced by the return receipt card for said certified mail dated January 14, 1994 ("Exhibit B" hereto) and that the foregoing facts are t.rue and correct to the best of his knowledge, info,mat!on and belief. / \ ')[ " , , ,/' I'" /1"" ,/ .IL' ~ ,(,[,(Cl,.... - . Keith O. Brenneman Sworn to and Qubscrioed before me this 1/11 day Of)"""i),., 1994. " ,I' I'/t~~t'..,.~( ) "- ) /(' II' oJ ( .' . ".~-----;;;---~ ' -- ""'"' J T1nTYn\!'boy "-'* ~~~:S f....n. Qntainj C-. ~. . IlF"*",,Ooc .11,'994 " ... ,.~ . ., . ,. Ie ., ~ " '''J - (....., ~ ~ .