The URL can be used to link to this page

Home My WebLink About94-01102 ! j " :, r , ol~' ".~ t.: ..~" It... ...... ~-----~._----~-----~~~-------~ J. . , ~ ~ ~ g ,. ~ ~ ~ 8 8 ~ . ~ ~ 8 '" e ~ ~ " 8 ~ , ;. ~ ~ ~ ~ ~ ~ ~ ,,' ~ ~ ~ ,. ~ 8 ~ ~ M t~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF . PENNSYLVANIA .. .TERESA.A..Ll\BASIlOSKY",............. II ......., '....,.'" '......., mcrm.'l:ff...." ,..,. ..', ........",..,... Ii I' il II N 0, ..,...?~:::n9.~.. ................. 1994 V crstl. BRIAN,.C., .LABASHOSKY" .. ,OEFEmllNT DECREE IN DIVORCE AND NOW, ........ ..1"-"+,..,1.0,. ..,... 19 ..~~,. It is ordered and decreed that ,,~E:!j" ,~. ,~:obo:o~y".""""""",.""".,. plaintiff, and ,Brian,C. ,Iabashosky, ," , " , "'" ." , " "," "'" """,.. 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; , , ,All, matters, hcure been .resolved .pw;suant ,to, the, Property, Settlement, Agreement 8 ",~~t1~,PY, J:!1!'!, ~,t.i.e.s. .qa.t;~ ,~y. ,4~,. ,l,!!!!!?,cp)Q,~I:19QrP9+~t~,W!:,P9!:,l1W9ed into the Decree Dy ~e CO.U"A de.. Ali~~i; ..., ,.~~.e..~~d6.f..;e.~ ~ Lj: ~~'{.~.~~"~a.~// : ~ __ _______ Iii'. ~----~--~~----------- ~ @ ~ @ ~ ~ ~ ~ . ~ i g ~ ~ ~ ~ ~ ~ , '" v ~ ~ ~ ~ " lo! " a , ," ~ ~ .' ,', ~ v ".. " ~ ,;, ., 715/9S' &d, o/t1 /H.;dJ/~ .4 -SJ!;~ 1/6/?S 7!~/~.tJ; 4- rLhd ., ~ -~ - '" :e :::> ......, >;~ 4~ ~,:,\-:r t\1 <:"10 V:,,<< ~'to"" ~:r:~~. .t;>Y=-:-:t~ r"(:, _J:;:: '.. (:.. U;,~r.: ~::.J~l~ .'<i::5. '''-Q e" - ... 01 - Z ~ 0( !:: 2: <( ::l z :Jt;~ 1Il";J e iii ~ ~ -..I " Z ~ ~ ~ ~ ~ :J ill . :5 III " 0 o(..Z O:"j 0( a: m III 0: m 0( ::E m a ~ z ~ .. ~ ~ c;t'Y , , . . . . . . , .. , , . ' , , ~ . , !l ii 'i ! '!TERESA A , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LABASHOSKY, PLAINTIFF vs, : CIVIL ACTION - LAW 94 - 1102 CIVIL TERM . BRIAN C, LABASHOSKY, DEFENDANT IN DIVORCE PRAECIPE TO TRANSMIT RECORD .! To the Prothonotary: Transmit the record, together with the following information, .to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section !3301(c) of the Divorce Code. . 2, Date and manner of service of the complaint:United States Mail. Certified Mail. Restricted Deliverv on March 31. 1994 on Brian C. Labashoskv. 3. Complete paragraph (a) or (b). (a) Date of execution of the affidavit of consent ,required by Section 3301(c) of the Divorce Code: by Plaintiff ~ 20. 1995; by Defendant June 20. 1995, (b) (1) Date of the Plaintiffr s affidavit required by 'Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff's affidavit upon the defendant: 4, Related claims pending: All matters have been resolved oursuant to the Prooertv Settlement Aareement reached bv the oarties dated Mav 23. 1995 incoroorated but not meraed into the Decree. 5, Date and manner of service of/the notice of intention to file praecipe to transmit record, a copy of which is attached, if ,the decree is to be entered under/sectio 301(d)(1)(i) of the Divorce Code, a Dated: June 20. 1995 Barbara Sumpl -Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, Pennsylvania 17070-1931 (717)-774-1445 Supreme Court ID #32317 , ':" ., , , p :1 Ii " [' I 1 TERESA A. LABASHOSKY, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 94 - 1102 CIVIL TERM " ii i: BRIAN C. LABASHOSKY, DEFENDANT IN DIVORCE I' " i CERTIFICATE OF SERVICE ii I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on ! this date, I served a true and correct copy of the foregoing Plaintiff's Praecipe to Transmit Record, in the above-captioned : iimatter upon the following individual(s) ;ipostage prepaid, addressed as follows: , by first class mail, I ! !f James M. Bach, Esquire Attorney and Counselor at Law 352 South Sporting Hill Road Mechanicsburg, PA 17055 '! 1 j: / / / h~rbara Su le-S:llivan, Es Attorney or Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 'I i; 1 ,I I I i , I ! , , I j I , , ! i I I ~'11 ..~. :'; i 'I i, !'DATED: June 20, 1995 , :1 ~ - ~r: ....r. ",.t;.:6~ uzou~ L:O ..l u..-:o~' olr-'7::,.. ). ~~-: ...tV' -. ,~,.,..j;r, --.;.:-m~ ~ U'n14' ..~~~ '" C;U s: a- ~ ... C") - ~ 5 -. ~ <'l co ~ d :z: S <( 1'0 > ~ ::i :!; .J Z :J ti 0( e Ul .. :i W E ~ ii: .J Do .. Z .. ." is 0 :l! " ~ :J ii: II. Ul II ci .. <( .. Z 0:: 11 :5 <( a: m III 0:: ID <( ::E m :I u ~ z 4 . , , , , , . " . . - . , , " . '4 '- ,,~....u~.__._.. ..,..--.-._ .h , . PROPERTY SETTLEMENT AGREEMENT THIS AGREEllEN'l', made this 23rd day of May 1995, by and between Brian C. Labashosky, hereinafter referred to as "HUSBAND", and Teresa A. Labashosky, hereinaCter referred to as "WIFE". WITNESSETH, That: WHBREAS, the parties hereto are husband and wife, having been lawfully joined in marriage: on August 6, 1976, in Pittston, Pennsylvania; WHEREAS, one child was born of this marriage; Megan Ann Labashosky, born September 29, 1980. ~, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support or maintenance of their minor child, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other, .. " , , . . . , , NOW, THBRBFORB, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and f.air opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND is cognizant of his right to legal representation and declares that he has been independently represented by James M. Bach, Esquire. The parties further declare that they are executing this agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations and that they acknowledge that this agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live 2 ~ '. , , . . separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as is she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND and WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that 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 3 . . ." liable. Certain marital debt exists between the parties respective credit cards. Each party will pay all credit card debt in their own names as charged during the marriage. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. 4. WAIVER OF APPRAISAL AND INVENTORY The parties acknowledge and agree that they have each had an opportunity to value or have appraised any and all marital property, and they do hereby waive a formal appraisal and inventory of same, and no statement or representation by either party as to value shall be deemed a misstatement or misrepresentation to the other or be deemed fraudulent. 5. MARITAL AND NON-MARITAL ASSETS HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-marital assets and marital assets including but without limitation, business interests, jewelry, clothes, furniture, stocks, bonds, pensions and other assets wherever situated whether real, personal or mixed, tangible or intangible, and HUSBAND agrees that all assets in the possession of WIFE shall be the sole and separate property of WIFE; and, WIFE agrees that all assets in the possession of HUSBAND shall be the 4 .. sole and separate property of HUSBAND. Wife shall specifically have ownership and possession of the family dog, Murphy Brown. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. 6. REAL ESTATE The parties jointly own property at 114 Juniper Drive, Camp Hill, Cumberland County, Pennsylvania. Said house is encumbered by a mortgage in the amount of $90,000.00. The marital property is to be sold and is currently subject to a listing agreement. At the time of sale, the initial Five Thousand Dollars ($5,000.00) of net proceeds shall be paid to HUSBAND. All remaining monies shall be the sole property of WIFE. HUSBAND and WIFE agree to sign all papers necessary to effectuate the transfer of all capital gains tax on the property shall be equally shared between them. Pending sale, WIFE shall have sole and exclusive possession of the property and shall make the mortgage payments as same become due. 5 I~ ~ 7. MOTOR VEHICLES HUSBAND shall have sole title and ownership of the parties' 1987 Sable. The 1991 Nissan Sentra is encumbered. WIFE agrees to indemnify and hold HUSBAND harmless for said debt. 8. PENSION Each party hereby waives any and all claims that he or she may have against the other to any pension, employee saving or other stock benefit program of the other, if applicable. 9. BANK ACCOUNTS AND INVESTMENTS Wife shall have sole possession of the joint bank account. Addi tionally, HUSBAND is to receive the sum of one thousand dollars cash ($1,000) upon the signing of this agreement. 10. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. Each party agrees to carry life insurance in a sum of not less that FIFTY THOUSAND DOLLARS ($50,000.00) on him or herself with the child named as irrevocable beneficiary until the child reaches the age of eighteen (18) years. 6 .. , . 11. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS CONFERRED BY THE PENNSYLVANIA DIVORCE ACT OF 1980. AS AMENDED HUSBAND and WIFE acknowledge and agree that the provisions of this Agreement 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 equitable distribution, alimony, alimony pendente lite, counsel fees, costs and expenses or other provisions for their support and maintenance before, during and after the commencement of any proceeding for divorce or annulment between the parties. 12. AFTER ACOUIRED PERSONAL PROPERTY/FUTURE EARNINGS Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by HUSBAND or WIFE, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 7 .. . , 13. CUSTODY AND VISITATION HUSBAND and WIFE shall have shared legal custody of the parties' minor child, Megan. primary physical custody of the child shall be in WIFE. HUSBAND shall have flexible rights of physical custody, as the parties can agree and arrange. 14. CHILD SUPPORT HUSBAND agrees to pay child support in accordance with the Order of Court dated September 1, 1994 and entered to Docket No: 736 of 1994 of the Court of Common Pleas of Cumberland County. This sum is subject to review and modification by the Domestic Relations Office of Cumberland County upon petition of either party. WIFE shall carry medical insurance coverage on the child. HUSBAND shall also pay one-half (1/2) of all non-covered medical and dental costs for the child including prescriptions. paid f\V /-Iv..J /.3/9/J.,t) S/?O /1 /Jq .vt"_ ~. ~/,,1-/, /7J Lkch/"tJ.. /.J?ey/?t? /) /9J /l r,/ ~;lduzJ- ;:dr ft'dt/,ld / /#.x /;}{/ 7[(,)M /Or /7?>( Yt!cuJ 199J-' 1r 8 .. " '. 15. SUBSEOUENT DIVORCE A decree in divorce, entered by a court of competent jurisdiction to either party, shall not suspend, supersede or affect the terms of this Agreement. Both parties agree to enter a Consent Decree concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, pennsylvania, or any other Court of competent jurisdiction. Furthermore, both parties hereto agree to timely execute the appropriate affidavits and consents to secure a No- Fault Divorce as may be required by the Divorce Code of 1980, as amended. Both parties hereto agree that this Agreement may be incorporated into a separate Court Order but shall not merge in such order in the Court of Common Pleas of Cumberland County, Pennsylvania. 16. OTHER DOCUMENTATION HUSBAND and WIFe covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other 9 .. " party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 17. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS IN ESTATE Each party hereby releases, waives and relinquishes any and all rights which he or she may now have, or may hereafter have, against the other party under the present or future laws of any jurisdiction (a) to share in the estate of the other party upon the other party's death and (b) to act as executor/rix or administrator/rix of the other party's estate. 18. MUTUAL RELEASE HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title 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, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of 10 .. any former acts, contracts, engagements or liabilities of such other or by way of equitable distribution, dower or curtesy, or claims in the nature of dower or courtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United states, or (c) any other country, or and rights which HUSBAND or WIFE may have or at any time hereafter have for the past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and Agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or is or her heirs, executors, administrators and assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. Each of the parties further 11 " .. .. 20. SEPARABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 21. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 22. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, 13 \ " '. condition, clause or provision of this Agreement. 23. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 25. C~NDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS acknowledge that this Agreement shall become lly signed by both parties. .P? --;;<:' ~~ WITNESS ~A.J.d~ ,t.I'IJJlILti J,;, TERESA A. LABASHOS~ ~ COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF CUMBERLAND ) 14 \ ". '. Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Teresa A. Labashosky who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing property Settlement Agreement are true and correct to the best of his knowledge, information and belief. C)."'j)I.,f .J..lulJ.-<~.. TE~ESA A. '~ASHOSK..'f 7 Affi,1!med subscribed to before me this,:1"'>d day of , 1 Nol.:>1ilISual B.:rbaJa ~Suivan Ncbuy FWic NewC-.....ro.llaldBwc Cuntlt!l'.,n.:lC<ll.nly MvCr<MlIS!,," E\'lJII<'CXt 9,19l'i \bet, FQf\llS)'lvallWAs:.cO.:nlonot N<L iMy commission expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF !:1~-1r6.?tcoC ~ SS. Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Brian C. Labashosky, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Property Settlement Agreement are true and correct to the of s ow dge information and belief. to before me this -d- .;l3" day of ----.... No"""" Seal B.Wara Stn>pI..>'&'''',an, Ncbuy FWic NWI c.,,,'t,,,",,rd ""'0 r"",':'J<1il.1(j C.ounly M,'c"",Vns,u,E.WfllSOct 9 19,15 lUf' It'IIt)'N"""~"Oi.mcnot .t.V"eS commission expires: (SEAL) 1=;" 1 ! r.rt -=r d -; en "J!~ :t. - .~ ,-- = ", : ~ ~ , ..: ~ .,_-:1: '} .' ~ :;1 " It, . I ,. " ~ r.n 0\ ~ \I) ~) ~ c)a 0".' II) oJ) ,,,.~ \.', I~ 1\: ... - 0 ~ @ ~ ti:- S ~ tIl ~ ~ ~ ~ ~ ~ ; ell ;S ~ ~ Z ~ ~ ~ ~ g ~ E ~ ~ ~ ~ t ~ re .ft ~ e III ., <.. z III " >- ~ ~ 0 ~ ~ . ' .' ...,l . " \ , . , . , . .. " . . , I ITERESA A. LABASHOSKY Plaintiff I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. I BRIAN C. LABASHOSKY Defendant CIVIL ACTION - LAW NO. II O~ CIVIL 1994 IN DIVORCE NOTICE TO DEFEND AND CLAIH RIGHTS You have been sued in court. If you wish to defend a9ainst the claims set forth in i the foregoing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A jUdgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. I When the ground for the divorce is indignities or irretrievable breakdown of I marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: I Office of the Prothonotary Cumberland County Court House CarliSle, Pennsylvania 17013 the 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. Court Administrator, Fourth Floor Cumberland County Court House CarliSle, Pennsylvania 17013 Telephone: (717) 240-6200 I: I I i I i I i 1 "--. '. . , . TERESA A. LABASHOSKY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. BRIAN C. LABASHOSKY Defendant CIVIL ACTION - LAW NO. 1/0;1. CIVIL 1994 IN DIVORCE NOTICB OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DBFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with section 3302(d) of the Divorce Code, you may request that the court !reqUire you and your spouse to attend marriage counseling prior to a divorce being Ihanded down by the court. A list of professional marriage counselors is available at !the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are ! iadvised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. I I If you desire to pursue counseling, you must make your request for counseling IWithin twenty days of the date on which you receive this notice. Failure to do so will Iconstitute a waiver of your right to request counseling. I II II I I I I i 2 ~ , F~ , . , , . TERESA A. LABASHOSKY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. BRIAN C. LABASHOSKY Defendant CIVIL ACTION - LAW NO. CIVIL 1994 IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 330l(cl OR 330l(dl OF THE DIVORCE CODE AND NOW comes the above-named Plaintiff, TERESA A. LABASHOSKY, by her attorneys, Andes, Vaughn & Bangs, and makes the following Complaint in Divorce: 1. The Plaintiff is TERESA A. LABASHOSKY, an adult individual who currently resides at 114 Juniper Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is BRIAN C. LABASHOSKY, an adult individual who currently resides at 30 Miller Street, Apt. C-6, Lemoyne, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Common- ,wealth of Pennsylvania for at least six months immediately previous to the filing of i I this Complaint. , I 4. The Plaintiff and Defendant were married on 6 August 1976 in Pittston, I Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. This marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to partici- pate in counseling. 3 . " . . . . , , . COUNT I 8. The Plaintiff requests this Court to enter a Decree of Divorce. WHBRBPORB, Plaintiff requests this Court to enter a decree in divorce pursuant to the Divorce Code of Pennsylvania. COUNT II - IlQUlTABLB DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHBRBPORB, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III - ALIHONY PBNDBNTB LITB AND COUNSBL PBBS AND EXPENSBS 10. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 11. Without competent counsel, Plaintiff cannot adequately prosecute her claims I against Defendant and cannot adequately litigate her rights in this matter. I 12. Plaintiff is without sufficient income to support and maintain herself during i the pendency of this action. I 13. Defendant enjoys a substantial income and is well able to contribute to the I support and maintenance of Plaintiff during the course of this action and to bear the I expense of Plaintiff's attorney and the expenses of this litigation. I 4 '" ~ - . , ~-..-,-""", ....:".~,~"'~ ., ~5f.::'!!t' , '. ,'. . . VHKRBPORB, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action and to order Defendant to pay the legal fees and expenses incurred by Plaintiff in the litigation of this action. I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are sUbject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). ~q (f JAUo"n,J ctnj}{daif1 TERESA A. LABASHOSKY 1 , II " I, 5 ~ .. ?c>- ....- J. ~ ~,.,:'''t ;::~g.r , "' ....'J:.o:'- :;)':~::Z:hl :~jr~t~ .uh,j.or: , 'J.'{~:-U ,~':r u... I..::'" 0" if: U) .... N - ~ a: ~ III Cl ~ I ~ ~ ~ ~ Z ~ ~ :z: Ul Cl ~ ~ ~ ~ ~ ui ~ ~ III " ~ N Z " <: ~ .. ~ ~ II ~ - ~ ~ Ul 10 ~ cS III 0; 1Io Iof ~ :J: ~ ...... .-' , . . _, '''., f " -'ft' , . .. . . . , . . " . , . ' TBRBSA A. LABASHOSKY Plaintiff IN THB COURT OP COMMON PLBAS OP CUKBBRLAND COUNTY, PENNSYLVANIA . . vs. BRIAN C. LABASHOSKY Defendant CIVIL ACTION - LAW NO. 94-1102 CIVIL IN DIVORCE APPIDAVIT OP SERVICB BY CERTIPIED HAIL LOU ANN GRISSINGBR, being duly sworn according to law, deposes and says as follows: 1. That she is an employee of Andes, Vaughn & Bangs, attorneys for the Plaintiff herein. 2. That on 14 March 1994, she delivered to the U.S. Postal Service in Lemoyne, Pennsylvania, as certified mail (Receipt No. P274 290 735 ) return receipt requested, addressed to the Defendant herein, a true and correct copy of the Complaint in Divorce filed in the above-captioned action duly endorsed with a Notice to Defend and Claim Rights. 3. Said return receipt card is attached hereto as Bxhibit A showing a date of delivery to the Defendant of 16 March 1994. I Ilsworn to and subscribed II before me this JO'ff, day iiof /J1,wt, , 199;'. II i L.,-.~ I Notary'Pub I~ ~ r~Jni'l :.)CO;I lynn "nec;, N-t;lIy PubIoc lm<l\''''IJo<o, Cl.<1'i>.""lIId Co.JIllY ,,'/c.-,,,,,,,,,,,,lOflExpiroGAug.17.1996 JJ1JttJv~~/~~ Lou Ann Grissinge . , " . . ' .' Plainlifl's Exhib1t \ ,... I , . ff I'...... TERESA A. LABASHOSKY: IN THE COURT 011' COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : 94 -1102 CIVIL TERM . . BRIAN C. LABASHOSKY,: IN DIVORCE Defendant : 1 . AFFIDAVIT OF CONSENT A Complaint in Divorce under Section Code was filed on C/;l~?r!,i, CI9f1-Y. 3301 (c) of the Divorce 2. The marriage of Plaintiff and Defendant is ir~etrievably broken and ninety (90) days have elapsed from the date of filing of the Complaint. i.! 3. 4. I consent to the entry of a final decree of divorce. 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. 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. CSA Section 4904 relating to unsworn falsification to authorities. Date: June 20, 1995 Ch ,J/JIA ~~~~ TERESA A. LABASH KY Plaintiff Ln en . - co-.I ... = ...., ~t: ~~..~ loll (.".;:~; U:;r.&,.):':l (;;0 '. h.. :c C) :.J O~:"7:_ . .....'..1 Ill, L..'.-' ~,~ ...;l.-H. :.(; -'WIU,U '::X~o.. ,- :> "-.., o :c "'- :z- /'f'l ('I') ,~ ',-' f, 1''' , . '. f ..~t. TERESA A. LABASHOSKY: IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : 94 -1102 CIVIL TERM . . BRIAN C. LABASHOSKY,: IN DIVORCE Defendant : AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on ~(duL ~ / P9'~ 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the 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, lawyer's 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. CSA Section 4904 relating to unsworn falsification to authorities. Date: June 20, 1995 ~ ~t~lt:P- BRIAN C. LABASHOSKY Defendant ,; in .... - ~,... .....- ...'" ~'(~::J.~ ;?;.a:.'-'z. t.."o('...)--t ...=~> '7' ::::w;.;! . '.r- --'" ~d.~ .J_ , _~.. A. "*__..,t"';Z: ",":;r,:;iW i:;xc.. "4~ 0'" :c: "- .::f' ,., "'" "" "" ~ - '. -. . '.- ~ l- :r ns r(, ~. ,~ u 0- -- Q (h t. -.J 0- u <:;:4. o o \rl - "!7 en Cl 3 ~ ~ I ~ ell ~ ~ ~ ~ ~ ~ II: III ~ III Cl ~ III ~ P< ll: :I cl Il :> ~ ~ 0; Ilo ui~~ ~ III " ~ i=l N 0 Z " x <: ~ . ' . . . . - .J .( \..,- MAR l3 1B8!( TERESA A. LABASHOSKY Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. lIe.:J.. CIVIL 1994 BRIAN C. LABASHOSKY Defendant ORDER OF COURT AND NOW, (IIl<l.rch C78-, 1994, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esquire, the conciliator, at _ /J' L/1 f,. 'f IDOl'" {(7<.<rtfws,. ,Pennsylvania, on J~'-\(,,>,lr.i'the ~&-I" day of at ~ o'clock A..m., for a Pre-lIearing Custody Conference. At such conference, Clo<.I>"l j" {", /}.pr,', ' 1991f. an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter I into a temporary order. Either party may bring the child who is the subject of this I I custody action to the conference, but the child's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. 11 I I FOR TilE COURT, By ~"f!0j-f( aL~ Custody Concil1ator 'I YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT IIAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTII BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL HELP. OFFICE OF TilE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 Hu ZB 4 19 PH '9~ t:,: 'JrflCE or ihl rf,uTriOiDTAr,y CUHGERL~MO Cf;UllTY rEllUSYLVA~IA TERESA A. LABASHOSKY plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW BRIAN C. LABASHOSKY Defendant NO. CIVIL 1994 COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, TERESA A. LABASHOSKY, by her attorneys, Andes, Vaughn, & Bangs and makes the following Complaint for Custody: 1. The Plaintiff is TERESA A. LABASHOSKY, an adult individual who resides at 114 Juniper Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is BRIAN C. LABASHOSKY, an adult individual who resides at 30 Miller Street, Apt. C-6, Lemoyne, Cumberland county, Pennsylvania. 3. The Plaintiff and Defendant are husband and wife, having been married on 6 August 1976, and having separated on or about 21 November 1993. 4. The Plaintiff and Defendant are the natural parents of one minor child, Megan Ann Labashosky, born 29 September 1980. The said minor child resides with Plaintiff herein. 5. Plaintiff seeks custody of the minor child, Megan Ann Labashosky. 6. The child was not born out of wedlock and is presently in the custody of the Plaintiff. 7. During the past five years, the minor child, Megan Ann Labashosky, resided with the following persons at the following addresses: 1 "....-<...--...-..-., 1988 to 512 Grant Drive plaintiff and 1991 Camp Hill, PA Defendant December, 1991 114 Juniper Drive Plaintiff and to November, 1993 Camp Hill, PA Defendant November, 1993 114 Juniper Drive Plaintiff to the present Camp Hill, PA 8. The mother of the child is the Plaintiff who resides at the address set out above. She is married to the Defendant. 9. The father of the child is the Defendant who resides at the address set out above. He is married to the Plaintiff. 10. The plaintiff is the natural mother of the child. Plaintiff currently resides with the following person: the minor child, Megan Ann Labashosky. 11. The Defendant is the natural father of the child. Defendant currently resides alone. 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the child in this or any other court. The plaintiff has no information of a custody proceeding concerning the child pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights with the said child. 13. The best interest and permanent welfare of the child will be served by granting the relief requested by Plaintiff because the child has resided with Plaintiff since birth, because Plaintiff is available to care for the child on a regular basis, because removing the child from her mother would be detrimental to her, and because the child's best interests are served by having them reside together. 2 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHBRBFORB, TERESA A. LABASHOSKY requests this Court to grant her custody of the child, Megan Ann Labashosky. ANDES, VAUGHN & BANGS Michael L. Bangs Attorney for Plaintiff 3 , ,.......- ,...~_...; COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND ) TERESA A. LABASHOSKY. being duly sworn according to law, deposes and says that the facts set forth in the foregoing Complaint for Custody are true and correct to the best of her knowledge, information, and belief. 4-" II D'''..i r{rl !}(1 -1fll%_ TERESA A. LABASHOSKY Sworn to and subscribed before me this ;).'1 /4, day of {V\ fM.t.k ' 1994. L~,(,...;.f)1 Notary Public NolaJiaI seal LYI"'\<il1d!l<~Coul\IY ~~E>tifoSAu\J' 17,19';6 My""""--' 4 .;..,-."........~."'" .... MAY 1 6 9J.4t,~ TBRESA A. LABASHOSKY, Plaintiff : IN THB COURT OF COMMON PLEAS OF :CUHBERLAND COUNTY, PENNSYLVANIA v . . :NO. 1102 - CIVIL - 1994 . . BRIAN C. LABOSHOSKY, Defendant . . :CIVIL ACTION - CUSTODY COURT ORDBR 1~ AND NOW, this If; day of hA-Y , 1994, the Conciliator being advised that the parties have reached an agreement, the conciliator relinquishes jurisdiction, BY THE COURT, Hubert X. G lroy, Bsquire Custody Conciliator -'.::)- -_..; ,) ""'-.t ;L; - c.... ..:::.. "':7' en - >-,. ,xl' ~. "";., UI <\;, .L t,~ ;; ~ =: 'h i::":.1 :5 lrl ..... s:! .fj~ :::: 'r. t......, :!l~ ~ = "'1:.-' ~.,;l .:.-....-..,..... Ul ~ o ! ... z ~ ~ ~ ~ ~ fo !l:~ ! e z '< >- :z: Ul ~ ~ o ~ ~ ~ ~ ~ = ~ '" ::> 0 t ~ ui ~ ~ ~ JIl " 0 l=I II :I: Z ~ < <$ . . JUN 0 3 199~L 1-- .j r" TERESA A. LABASHOSKY, ) Plaintiff ) ) vs. ) ) ) BRIAN C. LABASHOSKY, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 94 - 1102 CIVIL ORDBR AND NOW, thisq tfl- day of tL-V'-\ , 1994, upon consideration of the attached Stipulation entered into by the parties concerning custody of their minor child, Megan Ann Labashosky, DOB 29 September 1980, it is hereby ordered and directed as follows: 1. The parties will share legal custody of the minor child. 2. Mother will have primary, physical custody of the child, sUbject to periods of partial custody and visitation with Father as follows: A. Every other weekend, commencing on Friday evening at 6:00 P.M. and ending on Sunday evening at 6:00 P.M. B. In the summer for a period of six weeks, occuring two weeks in June, two weeks in July, and two weeks in August. C. Alternating holidays, the holidays being Easter, Thanksgiving, Memorial Day, Fourth of July and Labor Day. 3. Father and Mother will each have one-half of the school Christmas vacation. , Also, the parties will share the Christmas Day holiday itself by agreement. 4. Father shall have the child on Father's Day, and Mother shall have the child lion Mother's Day. II I I ! 5. Other periods of visitation will be provided upon agree.ent by the parties. By the Court, ~' L~ ('-~ 'Xl.;/ J. , , '~';. I ~',:'"'f~ ;\ 'J,_ .~ '.~; . ;;.'~ c " ~\ \', .. " "-\jj\ ,..... J. ~\ \\\11' ~~l \\~ lit \\ t..... ~.~..._,..~., . ...-.-~-~_"" TBRESA A. LABASHOSKY, ) IN THE COURT OF COMMON Plaintiff ) PLBAS OF CUMBERLAND ) COUNTY, PBNNSYLVANIA vs. ) ) CIVIL ACTION - LAW ) BRIAN C. LABASHOSKY, ) 94 - 1102 CIVIL Defendant ) STIPULATION POR CUSTODY AND NOW, comes the Plaintiff, Teresa A. Labashosky, and Defendant, Brian C. Labashosky, through their respective attorneys, and enter into the following stipulation for custody of their minor child, Megan Ann Labashosky, DOB 29 September 1980, in accordance with the following: 1. The parties will share legal custody of the minor child. 2. Mother will have primary, physical custody of the child, SUbject to periods of partial custody and visitation with Father as follows: A. Every other weekend, commencing on Friday evening at 6:00 P.M. and ending on Sunday evening at 6:00 P.M. B. In the summer for a period of six weeks, occuring two weeks in June, two weeks in July, and two weeks in August. C. Alternating holidays, the holidays being Baster, Thanksgiving, Memorial Day, Fourth of July and Labor Day. 3. Father and Mother will each have one-half of the school Christmas vacation. Also, the parties will share the Christmas Day holiday itself by agreement. Ii 4. Father shall have the child on Father's Day, and Mother shall have the child lion Mother's Day. II " " I; ,I II i: ii Ii II 5. Other perioda of visitation will be provided upon agreement by the parties. WI'l'NBSBBB ~~~ Jam~ H. Bach, Baquire q- IA I N.A ;to"~dlil'~ Teresa A. Labashosky nk:-~~hJ~ Brian C. Uabashosky I I Ii ,! !i " ...... ~ "".. "'... ::!-.. tj::;:i:;~ l:o.O:i I. %"OJ- ,;r2~ '.,lIUOl': . .;.;.,...J ;:;~.~" ...'" Q'-' ~ ~ ~ ~ 5 liii ; ~ ~~ ~ ~ 8~' :sU)i ~ ~ ~ ~ = ~ :z:: --.: en ..... - - "l' ......' z ~ . . , , . '. .. ~ ., , .. . . . . .... , . , . '. . Teresa A. Labashosky, Plaintiff In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action - Law 94 - 1102 Civil Term vs. Brian C. Labashosky, Dp'fennant IN DTVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance for Plaintiff, Teresa A. :::::o.~. :'.:",::: captio.,. .~ Q, Samuel L. Andes, Esquire Andes,Vaughn and Bangs 525 N. Twelfth Street Lemoyne, PA 17043 Supreme I.D. No. PRAECIPE TO ENTER APPEARANCE Please enter my appearance Labashosky, in the above captioned Teresa A. DATED: JJ,;.-(... /9 /995 I Barbar e-Sullivan, Esqu re 549 Bridge Street New Cumberland, PA 17070 Supreme Court I.D. No. 32317 ,'. ... " . ~ : CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the PRAECIPE TO ENTER APPEARANCE, in the above-captioned matter upon the following individual(s) by United States first class mail, postage prepaid, addressed as follows: James M. Bach, Esquire 352 South Sporting Hill Road Mechanicsburg, PA 1705,,5-:;' DATED: ~//9/ 9';- , '. arbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Supreme Court I.D. No. 32317 Attorney for Plaintiff