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HomeMy WebLinkAbout94-05590 ...:J. 1 ~ E. .~ JI ~I ~ I :::r a- I 1 ~ .\ ' . ;:: " . ;9 ...... . . . , , . . . . . . . . I . . . . t i ~ . . . . - .. " . D. y. T~ Court: ,j .. ...-:/ -f--..' /1 At- - Alle.i:~I,,~;;:t~<'<:[; (~-:"A~~;.~'''';;: . ..Q .. . y) " . r LJ. ./ . . y . . 7.'u.. . D;:~'C"P~Olh~~~t.'~Y'" : ---~--------~---~____J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '* PENNA. HAR~~ ..1l..E.i1.lJ(;l<........ .... ............................ N o. ........5.5.~.a..... ...Cb.i.1. 1994 VerslIs Defendant DECREE IN DIVORCE AND NOW, ... .. ...... ./~".~ .. .~~~.. 19. .9.5.,., It is ordered and decreed that...... .H.~~!l-~..~~~.u.~~............................. plaintiff. and............. . . .IlP:J:X. J......Ij.\lJl.U.GI$... ........... . ......... 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; the Marital Settlement Agreement dated October 5, 1994 is incorporated, but not merged, into this decree. .. ...... ........ .... ...... ................ ...... ...... ...... ..............f Y,l.u~ /J#~ ~.~ /. /-] .&-- /' /,1/ - 'J 'j-rJo L)Uj.-.jJ...:Pt~1 MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this '5 th day of OC1:2bete , 1994, by and between HARRY G. REBUCK("Husband")of Shippensburg, Cumberland County, Pennsylvania and BE'l'TY L. REBUCK("Wife"), of Shippensburg, Cumberland County, Pennsylvania at Carlisle, Pennsylvania. WIT N E SSE T H : WHEREAS, Husband and Wife were lawfully married on November 30, 1963 in Cumberland County, Pennsylvania; WHF.REAS, certain unhappy differences, disputes and difficulties have arisen between the parties and the parties have decided that there marriage is irretrievably broken, that it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, any and all claims relating to real and personal property, including property heretofore or subsequently acquired by either party, and the equitable distribution of such property, past, present and future support, alimony, alimony pendente lite and/or maintenance of Wife by Husband or of Husband by Wife, counsel fees and costs, and, in general, the settling of any and all claims and possible claims by one against the other or agaInst their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises and covenants set forth herein, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. MUTUAL CONSENT DIVORCE. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counselling, and that they both consent to the entry of a decree in divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code, as may be amended (herein referred to as the "Code"). Accordingly, both parties agree to forthwith execute .uch consents, affidavits, or other documents and to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said Section 3301(c) of The Code. Upon request, to the extent permitted by the law and the applicable Rules of Civil Procedure, the named defen- dant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 2. AGREEMENT TO BE INCORPORATED. NOT MERGED. IN D!VORCI DECREE. The parties agree that the terms of this Agreement shall be incorporated, but not merged, into any divorce decree which may be entered into with respect to them. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the purpose of enforcement of -2. any of the provision. thereof. 3. DATE OF EXECU'l'ION. The "date of execl.ltion" or "execution date" of this Agreement shall be defined a. the date upon which it i. executed by the partie. if they have each execl.lted the Agreement on the eame date. Otherwise, the "date of execution" or "execl.ltion date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. EFfECTIVE DATE. This Agreement will effective and binding upon the parties upon execution Agreement by both of them. 5. INTERFERENCE. Wife and Husband may and shall, at all times hereafter, live separate and apart. Each party shall be free from interference, authority, and contact by each other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or harass the other or attempt to endeavor to molest or harass the other nor in any way interfere with the peaceful existence of the other party. 6. FULL DISCLOSURE. Wife and Husband declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. Husband and Wife further declare that they are executing this Agreement freely and voluntarily, that they each have fully disclosed his or her respective financial situations to the other including his or her property, estate, assets, liability and earnings and income, that become of this .3- ! , t they have obtained such knowledge and di.clo.ure of their re.pective legal rights and obligation. and that they each acknowledge that this Agreement is fair and equitable and i. not I I the result of any fraud, coercion, duress, undue lnfluence or collusion. 7. MUTUAL RELEASES. Except as specifically provided for herein, 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 or wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or 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 .t'ights 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 any rights which either party may have or at any time .4- hereafter shall have for past, present or future .upport or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or eX/ilenses, whether arising as a result of the marital relation or otherwise, except, all rights and agreements and obligations of whatsoever nature ariBing or which may ari.. under this Agreement or for the breach of any provision thereof. It is the intention af Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may ari.e under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. f.ERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided their tangible per- sonal property, including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other per.onal property, and each of them shall retain the property presently in -5- th.ir re8pective pos8...ion. E~c.pt as may oth.rwi.. b. provided in this Aqreement, Wife agree. that all of the property of Husband in hi. pos....ion .ha11 be the .01e and ..parate property of Hu.band; and Husband agrees that all of the property of Wife in her possession shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, it any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 9. MOTOR VEHICLES. With respect to the motor vehicles owned by one or both ot the parties, they agree as follows I a. The 1994 Plymouth Acclaim shall become the .ole and exclusive property of Wife, subject to any liens and encumbrances. b. The 1988 Plymouth Reliant shall become the sole and exclusive property ot Husband, subject to any liens and encumbrances. c. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date ot execution of this Agreement, and said executed ti tIes shall be delivered to the proper parties on the distribution date provided for in this Agreement. 10. INTANGIBLE PERSONAL PROPERTY. Each of the parties shall hereatter own and enjoy, independently of any claim or right of the other, all items of intangible personal property acquired during marriage, including, but not limited to, checking and .6. savings accounts, stocks, bonds, profit-sharing and pension entitlements, if any, and all items of intangible property hereafter acquired by him or her, w~th full power in him or her to dilPos. of the .ame as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. Wi thout limitation of the foregoing, it is specifically acknowledged that Wife waives any and all claim, interest, right, and/or entitlement to Husband' s McCune Lumber Retirement Account and/or pension and hil interests in the Prudential life insurance policies and Husband waives any and all claim, interest, right, and/or entitlement to Wife's Rite-Aid Retirement Account and/or pension. Husband and Wife agree to execute any and all documents necessary to effectuate release of said interests. 11. RELEASE OF WIFE'S CLAIMS AGAINST MOBILE ~OME. By virtue of and upon execution of this Agreement, Wife shall make, execute, assign, and, if necessary, deliver all documents in the usual form assigning, transferring and granting to Husband all of Wife's right, title and interest in and to the 1989 Rosemont Chalet, presently situate at 1466 Woods Road, Lot '4, Shippensburg, Cumberland County, Pennsylvania. Said Mobile Home shall be the sole property of Husband and Husband agrees to pay and shall be responsible to pay andlor satisfy all past, present, and future liens and encumbrances, insurances, utilities (including, but not limited to, gas, electric, phone, cable, sewer and refuse, and water), maintenance, on the mobile home. .7. Husband shall indemnify Wite and hold Wife harm1es. for and against any and all liabilities which may arise trom Husband's failure to maxe timely payments upon the said lien and encumbrance. 12. ALIMONY, COUNSEL FEIS AND COSTS. Husband and Wi te each hereby waive any rights which either party may have had, may presently have or at any time hereatter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, and expensss and each party shall be responsible tor his or her own legal fees and expenses. The parties will equally share the costs of filing for the divorce; and in accordance therewith, Wlfe shall pay to Husband $90.25 at the time of the execution of this Agreement. 13. JOINT INCOME TAX OBLIGATION. The parties shall separately file federal, state and local tax rturns for the 1994 tax year. In the event that there are any audits from prior tax years resulting in a tax obligation, such obligations shall be equally shared. 14. JOINT DEBTS ASSUMPTION. Wite agrees to asaume and to indemnity and hold Husband harmless for any liability with respect to the AT&T Universal Visa, Sears, J.e. Penney, and Bon-Ton obligations and accounts and to pay such accounts, and provide proof of payment to Husband, within thirty (30 I days of the executior. date of this Agreement. Husband shall fully assume the Dauphin Bank MasterCard obligation of approximately $400.00 and the Dauphin Deposit loan whLch has a present approximate balance of .8- $1,800.00 and Husband agrees to indemnity and hold Wite harmle.. for any further liability with respect to said obligatIons. 15. WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that they have not incurred or contracted for any debt or liability or obligations since the date of separation (January 31, 1994) for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for 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. 16. WARRANTY AS TO FUTURE OBLIGATIONS. Wife and Husband each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable except that Husband agrees to co- sign a loan in the approximate amount of $6,000.00 which is being made to Wife by the Orrstown Bank at Shippensburg. Wife shall indemnify and defend Husband and hold Husband harmless for and against any and all claims, demands, suits, judgments, and charge., including reasonable attorneys fees and costs, that may arise as a result of Wife's failure to make timely payments on said Orrstown Bank Loan. .9. 17. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and .igned 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. 18. OTHE~ DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith (and within at least ten (10) days after demand therefor) execute any and all written instruments, as.ignments, releases, satisfactions, deeds, notes or such other writing. as may be nec~ssary or de.irab1e for the proper effectuation of this Agreement. 19. LAWS OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 20. ~RIEMENT BINDING HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 2l. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. -10- ~~. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith (and within at least ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be nocessary or desirable for the proper effectuation of this Agreement. 23. NO WAIVER OF DEFAULT/EFFECT 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 default or breach of any provision hereof be construed a. a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. In the event that either party defaults with respect to any payments to be made hereunder, in addition to any and all other remedies provided by law, the defaulting party hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable tor, in any way whatsoever, or shall pay upon, or in consequence of any default or breach by the other of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend -11. proceedinqs aqainst the other at law or equity or both in any way whatsoever; provided that the party who seeks to recover such attorney's fees, and costs of litiqatlon must first be .uccessful, in whole or in part, before there would be any liability fer attorney's fees and costs of litigation. It is the specific agreement and intent of the parties that a breachinq or wronqdoinq party shall bear the burden and ob1iqation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavorinq to protect and enforce his or her rights under this Agreement. 24. 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, condi- tion, clause or provision shall be stricken from this Aqreement 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 her or his 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 obliqations of the parties. 25. HEADINGS NOT PART OF AGREEMENT. Any headinq. precedinq the text of the several paraqraphs and subparagraph. hereof are inserted solely for convenience of reference and .hall not constitute a part of this Aqreement, nor shall they affect it. -12- meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~Til. WITNESS ~~~ HARRY G. REBUCK 4~- WITNESS ~ ---~.l!eh e~ _) BE'1"1'Y L. REBUCK -13- ..~: .'.-, .",*", .. 'c'O, .t., ',- . ..~. . ~ ; i I;,; "}-", 'i: o::<-,i U'O en ~ - ,,- .,.... ',-, .--.-- , ,. . ~."J C'''') '" _z .' -, r --, ...-: '.--:. ".~:=-~: '-'-)' . '." , ...--.,. ,_ ~,(' ,....)..\;, 11-1' <. i. 'l.>.. 7>.. ~....: !,...'to.!~l-'.~ ~ u It .. : l......__.. !: HARRY REBUCK, Plain tiff IN THE COURT OF COMMON PLEAS CUMBERlAND COUNTY, PENNSYLVANIA v. NO. 5590 Civil 1994 BElTY L. REBUCK, 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: I. Ground for divorce: irretrievable breakdown under Section 330I(c} of the Divorce Code. 2. Date and manner of service of the Complaint: By Acceptance of Service dated September 30, 1994. 3. Date of execution of the Affidavits of Consent required by Section 3301(c} of the Divorce Code: by Plaintiff and Defendant on December 30, 1994. 4. Related claims pending: None. Respectfully submitted, HETRICK, ZALESKI & PIERCE, P.C. Date:-1l~('15 By:JO~~o;k~~QU1RE Attorney 1.0. #58141 P.O. Box 1265 Harrisburg, PA 17108 (717) 236-9581 " . HARRY REBUCK Plaintiff : IN THE COURT Of COMMON PLEAS : CUMBERlAND COUNTY, PENNSYLVANIA ~ NO. 1!- -5J'IV (1l~~LJ l~ V. BErrY L. REBUCK Defendant : CIVIL ACTION.DlVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A ClAIM fOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGI-IT 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 4th Floor Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240-6200 . . tlARRY REBLJCK Plaintiff ; IN TtlE COLJRT OF COMMON PLEAS :CLJMBERIANO COUNTY, PENNSYLVANIA : NO. : CIVil. ACfION-DlVORCE V. Bl~rrY I.. IWU\JeK Defendant COMPUINT IN DIVORCE The Plaintiff, liarI)' Rebuck, hereby seeks a divorce from the Defendant, Betty S. Rebuck., and in support thereof makes the following averments: I. Plainliff is an adult individual residing at 1466 Woods Road, Lot #4, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is an adult individual residing at Rt II, Chambersburg, Franklin County, Pennsylvania. 3. Plainlil'f and Defcndant wet.c marricd nn Novembcr 30, 1963 in Shippensburg, Pennsylvania. 4. The parties separated on Janual)' 31, 1994. 5. The marriage is irretrievably broken. 6, There has been no prior action for divorce or annulment of the marriage between the parties in this or any other jurisdiction. 7. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 8. Plainliff has been advised of the availalJility of counseling and that he may have tho righl to request thai Ihe Court re.quire the parties to participate in counseling. maddock.div/mmz . - 9. Plaintiff requelta the court of enter a decree of divorce. WHEREFORE, Plaintiff prays for divorce from the bonds of matrimony elildnl between Plaintiff and Defendant. Respectfully submitted, By: ~~/~ John R. chur, Esquire HETRICK, ZALESKI, ERNICO & PIERCE, P.C. 10 S. Market Square, Suite 500 Post Office Box 1265 Harrisburg, PA 17108-1265 Telephone: (717) 236-9581 Attorney for Plaintiff 2 I,w'" VERIFICATION I verify that the statements made in this Complaint in Divorce are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~!L~ Hany R ck Date: 9.. 3 ~ "'9 i CS~ . ~ ~ ,.. ,. . ,t- l-'~ ,~ - """ ., --.: ~. , - .... . - .... co = (1"1 :b '-'" V"I ;;::, ..... \.:, '.....:., ~ SJ '..-) ~l\'""\ .... '- ~ ~ e.. ~ ....... " <' .oJ ~ ~ t,., .:; "i....... "l' <n ..... ~~~~ . . HARRY REBUCK. Plain tiff IN THE COURT OF COMMON PLEAS CUMBERlAND COUNTY, PENNSYL V ANlA v. NO, 5590 1994 BETIY L REBUCK. Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 30, 1994. 2, Tbe marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entl)' 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, C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~~tt,~ HARRY RUCK 4