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HomeMy WebLinkAbout94-01787 . - . ~ . .. '/I B - m !:: ~. i~~ o i~" ~ ~~~ ~ ~~~ ~ -I ('") '-'J ~ c:: 0'1 ,- '. ...... -n C~..~ -~ ~ ~;w !:pc:: ;,'J i;":!] zr: I 8~ ~~~.: -: C:C.' ~ ,..;I ...... (3~ .-':c:(-' -- (.(~, --. ......(..: ~ Q -. .,-i :.:..' <A. ~ -, w ,'j ~"'l I , '. '. .:c- .... "*' ... .:c-'<e- .:c--... ... ':co oX- .:<<. .:<<. .:.:. .:c: o:.} .:<<. .:.:- .:<<. ':Co''',:,:. "':C,::'>>:-. 'O:C-,,':.) -:c- o*" ......_:~t! ~ __ __M~ _ ,. $ : IN THE COURT OF COMMON PLEAS : 8 OF CUMBERLAND COUNTY 8 8 . : STATE OF * PENNA. ! 8 8 ~ ,JOH,N, ,REIP~qCH, , " N II'H?','!:::P,E, 9J.YJk.TERM 8 S Plaintiff, 8 $ $ 8 8 !, $ . g 8 8 Vel':HlS ~ ',' HJ)EBORAH L .RElFRICH, .. ....... , , ~ " Defendant , " ~ ',' ;;, P,l ,', ~ DECREE IN DIVORCE .'. ~ 8l ~ AN 0 NOW, ' .. .. , .. ..1,'l:?P.<:~.. ..~ ? ~ .. .., 19..~~... it is ordered and decreed that ,.""" .JP.1i~ , ~~,I.I~l.m:H , , , , , , , , , , , , , , , , , , . , . . . . " plaintiff, and, .. .. .. .. ,DEBORAH ,L. ..REIPRl:Cb.. , , .. .. .. .. , .. ...., .. .., defendant, are divorced from the bonds of matrimony. The tenns of the Marriage Settlemmt AgreelOOnt entered into by the parties on December 16, 1994, are inco~1;ated herein, 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, . . , , , , , , , , , , , , , , . , , , , , , , . , , , , , , , , , , , , , , , , , . , . , , , , , w ',' ~ ., ......... -......, II.'.... ,., '0' .... ...... 10 .... ......... ~ .,' Uy Th Courl,! , /IlL ~~~X<J" I' t.,kdf, .6?~~~~.~ J, . L)~ . ..... 1.'/,,(. fLr '" ~ ,"'7~' ,... ~J~ ~Z_ ' /ProlhonolRry ~ ~ <:, ~ ~ ~ ~ ~ ?,', - ; " '" " . .:it'_, .::.to' ..... '~.' '~..' . ," .. .... -,,-, --~ . ..' -~ .. "'-"-"--'~-'--~- - . ,.. - . ... -...........'- -. . ~ - _..; .", ~'.- . - ~ -:.:. .:.:. .:.:. .:.:. .:.:. .:.;. .:.:- .:.:. .:.;. .:.:. .:.:. .:.:. .:.;. .:.:. .:.:. .:.:. .:.:. .:.;. .:.:. .:.:. .:.:. .:.:. .:.:.' s " ~ ~ " ~ i ~, ~ <:, i ~.' .', ~ *- ',' ~ ',' ,', ~ ~ * }~ {,:, I~ ( I~ "'." , , ,~ /,." , ' i~ .--. " ... , '::'~3ft- c1y/, (~~J/~4 ~ - 1J.f't- '7,f'~( /.'n.i/v"Z:' ~~ . . ., r. , HARRIAOB SBT'I'Y.RllRNT AGUBMBNT it If ! THIS AGREEMENT is made and entered into between John Reiprich and Deborah L. Reiprich, hereinafter referred to as Husband and Wife. The parties were married on March 28, 1981, and there are two children born or adopted of their marriage, to wit, Andrew Reiprich, born February 1, 1987, and Joseph Reiprich, born March 26, 1989. As a consequence of disputes and unhappy differences, the parties have separated. The parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their property rights, custody, support, and all other rights and obligations arising out of the marriage relationship. It is therefore agreed: 1. CONSIDERATION The consideration for this Agreement is the mutual promises and agreements herein contained. 2. SEPARATION AND NONINTERFERENCE A. It will be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. .. ., " ~ '''.;:_.-"" B. Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither shall bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASE 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. 4. FULL DISCLOSURE The provisions of this Agreement and their legal effect are fully understood by each party to this Agreement, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Husband and Wife each represent and 2 ~,>, ,~r~':"",'~''''''>''-'' '. warrant to the other that he or she has msde a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the sources and amount of the income of such party of every type whatsoever, and of all other facts relating to the subject matter of this Agreement. Husband represents that he was represented by Kathleen Carey Daley, Esquire, in reaching this Agreement. Wife acknowledges that she has the right to counsel but has declined to retain counsel. 5. EOUITABLE DIVISION By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 6. SUBSEOUENT DIVORCE A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of 3 any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. B. ENTRY AS PART OF DECREE - It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, jUdgment or decree of divorce, temporary, final or permanent, shall 4 .. " ~,>- ~"'" affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such jUdgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. " ,. I ~ t. t Ii ,I I' If I, C. MUTUAL CONSENT DIVORCE The parties agree and , I I acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 330l (c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 330l(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 7. DIVISION OF PERSONAL PROPERTY Husband and Wife have agreed to the division of personal property as set forth on Exhibit "A". The parties do hereby specifically waive, release, renounce and forever abandon whatever 5 t ~ claims, if any, he or she may have with respect to the listed items which shall become the sole and separate property of the other. 8. DIVISION OF MOTOR VEHICLES with respect to the motor vehicles owned by one or both of the parties, they agree as follows: The 1976 Cadillac Sedan de Ville and the Kenworth tractor shall be the sole and separate property of Husband. The Chevrolet Suburban and the Mercury shall be the sole and separate property of wife. The titles to the said motor vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided, on the date of execution of this Agreement or at any time thereafter at the request of either party. 9. DISPOSITION OF PROPERTY 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 is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, conveyor otherwise encumber or dispose of such property, whether 6 ;~~ {'." .!\!"I'"', t.':~1fj~.l;~:..:tJ~}i -' 'r ",;.. ~ :.... J. real or personal, whether such property was acquired before, during or after 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. 10. DIVISION OF REAL PROPERTY Husband and Wife hereby agree and acknowledge that they own certain real property located at 410 North l6th street, New Cumberland, Cumberland County, Pennsylvania, as tenants by the entireties. Wife hereby agrees to convey all her right, title and interest in said property to Husband. Wife agrees to execute a deed or other instrument of conveyancing necessary to effectuate this transfer at the time of the execution of this document. Husband agrees to pay to Wife the sum of $lO,OOO.OO in satisfaction of her claim to these premises. This payment shall be made as follows: $3,700.00 shall be paid at the time Wife vacates the marital residence and delivers to Husband a deed to these premises; $6,300.00 shall be paid to Wife by Husband seven (7) months from the date of this Agreement. Husband agrees to execute a judgment note in the amount of $6,300.00 for which the premises shall serve as security. 7 The parties acknowledge that there are two existing mortgages against this property. The first mortgage is held by Knutzson Mortgage in the amount of approximately $46,000.00. The second mortgage is held by Transamerica in the amount of approximately $23,000.00. Husband agrees to obtain financing such that he shall either satisfy said mortgages in total through a refinancing effort to satisfy Wife's obligation under these mortgages. Husband shall take immediate efforts to obtain this financing and shall satisfy these mortgages within one year of the date of this Agreement. In the event that Husband is unable to satisfy these mortgages under these conditions, he agrees to place the subject real property for sale. Husband shall hold Wife harmless and indemnify her from liability for these obligations and other obligations arising from this property. ll. PAYMENT OF SPECIFIED OBLIGATIONS The parties agree that the following constitute joint marital obligations which shall be paid by the following person: A. WIFE - All credit account balances in Wife's name acquired after the signing of this Agreement. 8 I it B. HUSBAND - Primary mortgage on principal residence held by Knutzson Mortgage; Home equity line of credit held by TransAmerica; ITT Account; Montgomery Ward Account; Terminex International, Water, children's past due tuition; and all outstanding credit account balances in Wife's name as of the date of this Agreement, includingCitibank Visa, Citibank Preferred, JC Penney, and Fashion Bug; l2. LEGAL FEES Each party shall pay his or her own attorneys fees. l3. ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support, maintenance, alimony pendente lite or alimony. The claim for child support is not terminated by this provision. 9 l4. PENSION PROGRAM Bach party hereto shall maintain sole ownership over his or her individual pension plan, profit sharing or similar retirement plan acquired individually or as the result of contributions by his or her employer. Wife hereby releases any interest that she has in the retirement benefits of Husband accumulated as the result of his employment and any other additional benefits he may have accrued. Husband hereby releases any interest that he has in the retirement benefits of Wife accumulated as the result of her employment and any other additional benefits she may have accrued. This waiver is a full and complete discharge of each parties' marital claim. 15. MISCELLANEOUS All assets including, but not limited to, savings accounts, checking accounts, and life insurance policies shall be the sole and separate property of the title holder of said asset. The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange lO ........ ',i,^:,-"""..__ . ",~'" "~, f./~1__i'i:r~<')t}"i r;!~ of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. l6. CHILDREN A. CUSTODY AND VISITATION - The parties shall share \egal and physical custody of the children born or adopted of this marriage. The children shall reside with their mother. Wife shall provide Husband with information concerning their health, education 11 and welfare on a regular basis and shall encourage Husband to join in the decision making process as to the children's schooling, medical care and other important issues associated with their lives. Husband shall be afforded liberal periods of partial custody at times to be agreed by the parties. B. MAKE-UP TIME - The parties recognize that there may be circumstances from time to time which may prevent the exercise of custody at the agreed dates and times. To that end, the parties agree that each will give timely and reasonable notice to the other of the existence of such circumstances and will permit the other a reasonable period in which to enjoy time with the child to make-up for these lost periods. C. ILLNESS OF CHILD - In the event of any serious illness of the child at any time, any party then having custody of the said child shall immediately communicate with the other party by telephone or any other means, informing the other party of the nature of the illness. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the said child. The word "illness" as used herein shall mean any disability which confines the child to bed under the direction of a licensed physician for a period in excess of forty-eight (48) hours. 12 D. BEST INTEREST OF CHILD - The parties shall exert every reasonable effort to maintain free access and unhampered contact between the child and each of the parties, and to foster a feeling of affection between the child and the other party. Neither party shall do anything which may estrange the child from the other party, or injure the child's opinion as to his mother or father, or which may hamper the free and natural development of the child's love and respect for the other party. 17. CHILD SUPPORT Child support shall be paid by Husband to Wife at the rate of $110.00 per week. Wife shall be entitled to claim Andrew Reiprich and Joseph . Reiprich as her dependent on her tax return for 1994. 18. HEALTH INSURANCE - CHILDREN Wife agrees to provide health insurance for the children for so long as it is available to her at no or minimal cost by her employer. If said insurance becomes unavailable to Wife and Husband has entitlement to insurance which can be provided to him 13 '." ~ . ~~ii;.rr"- "',, . -~~.,;:t,9,\~(;'~ at no or minimal cost, said insurance will be furnished by Husband. In the event that neither Husband nor Wife have insurance furnished to them by their employer, at no or minimal cost, then the cost of insurance shall be borne such that fifty percent (50\) shall be allocated to Husband and fifty percent (50\) shall be allocated to Wife. 19. MISCELLANEOUS PROVISIONS - CHILDREN A. College - Husband and Wife agree to participate equally in the payment of undergraduate or equivalent higher educational expenses for the children. B. Extraordinary Medical Expenses All extraordinary medical expenses (those not covered by insurance) shall be split equally by Husband and Wife. Husband agrees to reimburse these expenses to Wife on a quarterly basis upon Wife supplying to Husband proof of said expenses. C. Estates - Husband and Wife both agree and acknowledge that they have financial responsibility towards the support of their minor children. In considering that obligation, Husband and Wife agree as follows: t 14 Ii' 'i. , ~ ~ 1. Husband aqrees to provide $25,000.00 worth of life insurance made payable at his death for the benefit of his minor children. This benefit shall be made payable in such a way that income and principle may be used for the support of the children throuqh their minority and shall be distributed to them at their majority or at a later date, as determined in the sole discretion of Husband. Wife aqrees to provide $l5, 000.00 worth of life insurance made payable at her death for the benefit of her minor children. This benefit shall be made payable in such a way that income and principle may be used for the support of the children throuqh their minority and shall be distributed to them at their majority or at a later date, as determined in the sole discretion of Wife. 20. GENERAL PROVISIONS A. WARRANTY AS TO EXISTING OBLIGATIONS Each party represents that they have not heretofore incurred or contracted for any debt or liability or obliqation for which the estate of the other party may be responsible or liable except as may be provided l5 t-. cr"'r,..~._.....,. '. '~~*' l~;'.~ ...~: ~':c'~';":~1);.'W~~ ~,.' . for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities, or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. B. WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each covenant, warrant, represent, and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. c. SEVERABILITY If any term, condition, 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. Likewise, the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 16 . D. OTHER DOCUMENTATION - Wife and Husband covenant and agree that they will forthwith execute 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, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. E. ENTIRE 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. F. WAIVER OR MODIFICATION TO BE IN WRITING - No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. G. MUTUAL COOPERATION - Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 17 . H. LAW GOVERNING - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. I. BINDING EFFECT - Except as otherwise stated herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. J. NO WAIVER OF DEFAULT - 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 any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. K. HEADINGS NOT PART OF AGREEMENT - Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. 18 . . . L. ADDRESS OF PARTIES - Each party shall at all times keep the other informed of his or her place of residence, and shall promptly notify the other of any change, giving the address of the new place of residence. M. WAIVER OF CLAIMS AGAINST ESTATES - 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 have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, their statutory equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of other, and right to act as administrator or executor of the other's estate, and each party 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. 19 . .~."I ~ . " . . . . N. ATTORNEY'S FEES FOR ENFORCEMENT - In the event that l I f 1 either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay I, '\ 'J..J~lL~~~21.(l' ~) DElB RAB L. I all reasonable attorneys' fees, court costs, and expenses incurred by the other party in enforcing the Agreement. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the ~~~ day of \'J.cQ/w\L..v\ , 1994, at Harrisburg, Pennsylvania. In the presence of: ?tl,(l~ru ~rJ-O.~ ~J)~~~-"~ 'jJ 1....1 ~N REIPRICH 0 20 JOHN REIPRICH, Plaintiff Vs. IN THE COURT OF COMMON PLEAS JlOOOOIXJtXu>>mmJpa>X'lCllDq~ CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-l787 CIVIL TERM DEBORAH L. REIPRICH, Defendant CIVIL ACTION _ LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the followina information, to the Court for entry of a divorce decree: l. Ground for divorce: irretrievable breakdown 3301(c) under Section (X) ~ ( 20l (d) (1) of the Divorce Code. (Check applicable section) . 2. Date and manner of service of the complaint: 04-l4-94: certified mail, restricted delivery . 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit 6f consent 3301(c) required by, Section ~ of the Divorce Code: by plaintiff February 28, 1996 : by defendant February 28, 1996 (b) (l) Date of execution of the plaintiff's affidavit required by Section 20l (d) of the Divorce Code: : (2) date of service of the P]Hintlff'H affidavit upon the Defendant: 4. Related claims pending: None ). Date anrl manner of !'cr\'icc of the nUlic,' of i"l~'"li,," to file praecipe to lL',lflSlnil n~..urrl. a <':l,lI'Y ur I,hilh j.. :illih.h.'.r Waivers were signed February 28, lQQ~ ,l')THON .., \t ,""" f X I [.~= ".. ,Y) -- ,-. co, , .' 17; i" ~.--; ('.J .,),,"1" )-'" . .. '" cd' a: .~~~ L'- -' 0' , ( 0' r- '.:," L1.1I": I -~ ~::; , EE" C. ,;f,) I. -- 'c-.. ".- " '-~ ::i C.- c;. U ~"-'4~'-". '~f:l.:.. . . . . . w B o e:; it "!;~ o 8 ~~~ ~ ~ j~~ ..J ~ w~~ ~ :5 ~g~ ~ ~~'-' Q 12 ~ \;.. '-. ~ ~ ~~ ~ ......... .-..';> ~ ...... '- t ~ ~ a;: '. " :v ~ .. ;? , , iJ. - co cl ~ VI ~l ~ .. ~ . -\\:. ~'\\:. c. ~ J' , - c . !..-'';- - l) " ,- . .... .~, N - '.-::'C) "<) ~ t c ~ ,: o. ~ jl'., ;:l:". ~ . ..,,, = "-l:'. . .. ",'" ~ ... t.O C II.' ~l ..c. . q*= '"' .'\< I'>.. ) \...-.--' ~ DALEY LAW OFFICE LAW OFFICES 1029 SCENmy Of/IV!: . HARr<lSBURG. PENNSYLVANIA 17109 (717) 657-4795 . v. I I I I I I I IN THB COURT OF COMMON PLEAS CUMBBRLAND COUNTY, PBNNSYLVANIA CIVIL ACTION - LAW NO. q'-J- 1787 CIY;/ hr(Y\ JOHN REIPRICH, Plaintiff DBBORAH L. REIPRICH, Defendant IN DIVORCE HOTICB TO DBPBND AND CLAIM RIGHTS YOU HAVE BEBN 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. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPBRTY, LAWYER'S FBES, OR EXPENSES BEFORE A DIVORCB OR ANNULMENT IS GRANTBD, YOU MAY LOSB THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPBR TO YOUR LAWYER AT ONCB. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SBT FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA l70l3 (717) 240-6200 " I, r; . I' 1 ~~'~',,;':rT:!J~{;" ""'~:-, '. HOTICIA Le han demandado a usted en la corte. 8i usted quiere defenderse de estas demandas expuestas en las paqinas siquientes, usted tiene viente (20) dias de plazo al partir de 1a fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por aboqado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONOE SE PUEOE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA l70l3 (717) 240-6200 " JOHN RBIPRICH, I IN THE COURT OF COMMON PLEAS Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I CIVIL ACTION - LAW v. I I NO. DEBORAH L. REIPRICH, . . Defendant . IN DIVORCE . COMPlAINT IN DIVORCB COUNT I DIVORCB AND NOW comes the above Plaintiff, John Reiprich, by his attorney, Kathleen Carey Daley, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, John Reiprich, is an adult individual who resides at 3ll Sharon Drive, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant, Deborah L. Reiprich, is an adult individual who resides at 410 l6th Street, New Cumberland, Cumberland County, Pennsylvania l7070. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 28, 1981 in Camp Hill, Pennsylvania. r: r v, i '. ~.. ;,... &. .___~,. ....,.;'"-,=t...... 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its Amendments. 6. The cause(s) of action and section(s) of Divorce Code under which Plaintiff is proceeding are: A. Section 330l(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 330l(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on February l8,. 1994. 7. There have been no prior actions in divorce between the parties. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. M '.'.',,'.C.",.~ '. COUNT II EQUITABLE DISTRIBUTION 9. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 10. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of their marriage until February 18, 1994, the date of their separation. 11. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of l8 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. }i~ \ . , -",,- By;-.--.. - r \~o~n ReJ.pr ch, '. Date: 4-1J~4 By: Kath een Carey D Attorney No. 300 1029 Scenery Drive Harrisburg, PA l7l09 (717) 657-4795 Attorney for Plaintiff , ~ . ,., ,. B - " - fa ~ ~~~ o ~~., ~ ~~~ t ~~~ ~ -I n c. '., .~'; .. . rl\g~ ~iJ.! ~;:: r::r:.J ;:,. ~C. ~~, -'I ::':j W -.;, ~ \,.,"=' .C' . o ~. :;:I ~~ ~::n '3 ~~ !~ ... ~rn M ~ - ,~ ;tl .. -.J ":2 ..... ~ ,.:.....~..,~c-.1'>;.,.;,....,.,.,:.",_,......... JOHN REIPRICH, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Plaintiff v. : NO. 94-1787 CIVIL TERM DEBORAH L. REIPRICH, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE Kathleen Carey Daley, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the.l4th day of April, 1994, she did serve upon Deborah L, Reiprich, the Defendant in the foregoing case, a true and correct copy of the Complaint in Divorce by sending to her, by certified mail, restricted delivery, to 410 16th Street, New Cumberland, Pennsylvania 17070, The receipt for said Complaint is attached, Said copy of the Complaint was duly endorsed with notice to Defendant to appear and answer or the matter would proceed without her, Sworn to and subscribed before me this k~aYOf~ll(J^- .1996 ~UfACl-J{1.U~~ ., tjOTARIAL SEAl. I PATRICIA A PATTon tlo~"y PUbl'" lower Padon Twp D.1uphln Co M COmmissIon E~\o.!!!~~e 20 1~.. By: L thleen Carey Daley, Attorney No, 30078 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 Attorney for Plaintiff (, - . , :' ~'~..~1'~il.;~~':g:~,,',"/.~~1~i.t:~j":~i~~~~;~'~~!~ ''''illi""~~_~.3,''''''''''..b., ':,..'.,\,V.' ....;~.'''W.,':',.,.-,.\ 'folloWlng.II'VI_ (fDl,en ..lltIa_ +j .:f~~~~OIId~~-:~~,~~~-.~f:~',:~~ ~~.;~~-~.,~~--':f"n--,,~'--':::-:ri'.:,:,'fW:'-)2:~?'~~N?~~?;~~I~#t~~. 'r.~-.if:'.'.i;.~.'."'itIcn ........ 1,1 ....,....-.. _'~.:'Y; :'~'~i.'~.~;... on 1hlt.....~:II.,_ " '1.0Z:A.'" '-'".-.'. "'~.d.~..~,....,..,, J.:1....".......;... ..rl.?~dO,lt.~~_-;'''_'''-_.-'',c"....,'-,.,_ -''''', - -', -.;.- -~,,", - - '.' -<\-f,;,;,~;;'-;~:-":.~,~\;~.,t I~:~!...~~"'ri:~==:;.~tho'"::"..::-::d:: 2. R..lrIct~.D~'~;,.:~.HJt~. f;~~to'~thI"'Of ,--C_' - - - . -- ", ',,' ,".- - _ ,', Conlult oltmure,.for-'H.'i< (;~t/;) lJ,,';..~;;Artlcl.Addr...od to:. .'~. ...' Artlcl. Numbor.X.1b-.....'r""'1 f~:~;t#}fjJJ'(J...hL~ Ke~prtf!.h r;.:;c. tJ~1 . (00' ,<~'Z~'I !S'~~/O/IW:_71t':,:~_ ..J . () ~~:".JYP. g~~od';. .";;! 1:~il;:.J9tD'.Fll y~ ~j (~ 0 Ezpr... M.II (i'R.tuin Riciittpif~' ,.': ';~f~l;. ". . ofnlJ .~ 7, DltoolDdvery ,. r I 11~5~~/~" . ,.8,Addre......Addr.u (Onlylfreq.:..~;': ""3" (.. . p .nd 1..1. p.ldl ""--~'/"'<;'/"":""" I :lJ~' . . . ..~<;..'{';: ,'Btlr.sFPf!II DOMESTIC RETURPfRECEIP'I"J;c';Z:1 ':tb:~';.L,Y;' ":, ,;.~'. """Y:7:.J.,'.;ii~i~:$il~':Pi; PROOF OF SERVICE '"""",,.., >>.a~'1l " B In E ~ ~~~ ~~;! ~ ~~~ ~ ~it) c ~ ~ :::1 ~~~ C16 -n :;:l:!i ::;;: '~a~ t "~m ~ u (,,,, '~J . :ij .&::-.' -.; - . DALEY LAW OFFICES 1029 SCENERY DRIVE HARRlSBURG.PENNSYL<.tANIA 17109 (717) 657.4795 . .:, ;' ..-., ",' r i . Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW JOHN REIPRlCH, v, : NO, 94-1787 CIVIL TERM DEBORAH L, REIPRlCH, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 8, 1994. 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 ora final decree of divorce after service of notice of intention to request entry of the decree, I verifY that the statements made in this Affidavit are true and correct. I understand that false statements herein are mode subject to the penalties of 18 Pa,C,S.A. ~4904 relating to unsworn falsification to authorities, Date: ~ - :1&- 9b ... ...:r . ,- ("- " <" ,. j'> (.~ c- J.... ~i ),{l ):.::' fEr ... ")::.1 c @' ..... (. ~ ',n I" I " " ,*--. ;...J - -.. 0:' c' ,tiJ j-. . .~ ~i::- l', '..1";) '~; <. , VI U - .' .. .' . 2i m E ~ ~~~ ~.I~; ~ ~~~ ~~r n '.0 0 c: 0'\ "1' ';:.? - -"J tilw ..'" ---,..... :t~ :1':!J .'~t1 ;.0 In' :?:.c I [- ""'23 (j')~'; ....1 :;-J ;;;r'., :0' r:l'p''', til ._...r -0;:1 i';,-.. - ~., .,' - ...,,(") ,<C'l N (sm ;-#C~ ... ., '-I (,,) ". -; ~J -. J:'" -< DALEY LAW OFFICES 1029 SCENERY DRIVE HARRIS8URG. PENNSYLVANIA 17109 017>657-4795 .< , ~ < . '" REIPRICH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW JOHN REIPRICH, v. : NO, 94-1787 CIVIL TERM DEBORAH L. REIPRICH, Defendant : IN DIVORCE AFFIDA VIT John Reiprich, Plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised ofthe availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling, 2, I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3, Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court, I understand that false statements herein are made subject to the penalties of 18 Pa,C.S,A. ~4904 relating to unsworn falsification to authorities, Date: f}. - J. S' - 9 en ~ r) c; "'. ~6j GAn ....:..,., :::;::'" 1.0,- -< ~-:~ c::C; ...::;: irl..O If.: ....... ;t;..~: -d. :':i -< - -' '1,. ':..g .I -: ....,0 en '", '~I :!J :::> ~ ,~"'"! ~ ~ ~ .' -~ , B 5 S OiE ~~~ ~~~ ~,~~~ t ~~e ~ -I " == N' .. w .;:- . . JOHN REIPRICH, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Plaintiff v. DEBORAH L, REIPRICH, Defendant : NO. 94-1787 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER V330UC) 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 ifI do not claim them before a divorce is granted, 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S.A. ~4904 relating to unsworn falsification to authorities, Date: [) - ~~ - qf:, c " . ." t. ~ , . B - 13 ~ o !?l~ it 15~~ o ~~~ ~ ~~~ ~ ~~D ~ -I JOHN REIPRICH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA : CIVIL ACTION - LAW v. : NO, 94-1787 CIVIL TERM DEBORAH L. REIPRICH, Defendant : IN DIVORCE AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on AprilS, 1994. 2. The maniage 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 after service of notice of intention to request entry of the decree, I verifY that the statements made in this Affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa,C.S.A. ~4904 relating to unsworn falsification to authorities. Date: ;' /~(' /(-7~ I I By: , /0 ,. . B -. ,.., - m ~ ~~~ i~" ~ ~~~ t ~~e ~ -I o. ~ !fl 10;. a> ." :;~ . - 9- -'- mi"; . :0:::- ~:r:~ :''1' : .l;n I ~l~ V2 'C. -J 3 ct<. " ~- ~- "Tl :;J "'3 :t: >3-' ,.~F; f~~~ :;;: h' a Ci !:.l t.) ~ -" -;; . :5! "'" , . ~' :, JOHN REIPRICH, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Plaintiff v. : NO, 94-1787 CIVIL TERM DEBORAH L. REIPRICH, Defendant : IN DIVORCE AFFIDAVIT Deborah L, Reiprich, Defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling, 2, I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3, Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court, I understand that false statements herein are made subject to the penalties of 18 Pa,C,S,A. ~4904 relating to unsworn falsification to authorities, Date: 62/JJ'/~/' I I I . ~/l , ,?-/ J By: ,ActM ;1..-1' U' {lti'..0-< " /~ DEBORAH L, REIPRICH, D fendant " "... . f .. ". B - m !:: o ~S; it !S~~ o ~~"f ~ ~~~ i::i ~~e :( -I c ~ ,() .:0 '.c .C1' -..:...., ."tltfi 1J,!;:.', ~,,'l #"'I.y-~ ll,i". ....?f. t;': ". -0 'e:c:.-: ~ (:; () ,,.c: :;:,; =< o ..." -~ ;~1:n .- :". '. r~n Cl :-:i- ;-:...- ..In bt'l'l :;;;! ~ "< ..... .-- :'r.,l"t ;;;J 1 -..J ~? w - ... DALEY LAW OFFICES 1029 SCENERY DRIVE HARRISBURG. PENNSYLVANIA 17109 017) 657-4795 ., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSVLVANIA : CIVIL ACTION - LAW : NO, 94-1787 CIVIL TERM : IN DIVORCE JOHN REIPRlCH, v, DEBORAH L. REIPRlCH, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~330IlC' OF TilE DIVORCE CODE I, 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! 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 med with the Prothonotary. I verilY 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.A. fi4904 relating to unsworn falsification to authorities, Date: .A / ,c,', ,(' / () (I' I ,. ."-(l/V