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HomeMy WebLinkAbout02-5122 SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA DONNA L. ELLERMAN, VS. LEROY E. ELLERMAN, SR., Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02- .C/J,Z. ClVILTERM : : IN DIVORCE NOTICE 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 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 at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff By: ~-~~ Esquire 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA DONNA L. ELLERMAN, VS. LEROY E. £LLERMAN, SR., Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02- ~'/~2.Z. ClVlLTERM : : IN DIVORCE COMPLAINT DONNA L. ELLERMAN, Plaintiff, by her attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is DONNA L. ELLERMAN, who currently resides at 1422 Bradley Drive, C-114, Carlisle, Cumberland County, Pennsylvania, where she has resided since September 7, 2002. 2. The Defendant is LEROY E. ELLERMAN, SR., who currently resides at 927 Grahams Woods Road, Newville, Cumberland County, Pennsylvania, where he has resided since 2000. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 1, 1989, at Hagerstown, Maryland. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. SAIDIS SHUFF, FLOW~R & LINDSAY 26W. High Street Carlisle, PA 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. Date: SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff By: , _ Carol'J. Li~-dsa~/i Esquire ID # 44693,. ~,/ 26 West Hig--~ Street Cadisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. / Donna L. Ellerman Date: P? SAIDIS SHUFF, FLOWER & LINDSAY ATrOR~YS*AT*LAW 26 W. High Street Carlisle, PA DONNA L. ELLERMAN, VS. LEROY E. ELLERMAN, SR., Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02- 5122 ClVlLTERM : : IN DIVORCE ACCEPTANCE OF SERVICF I accept service of the Complaint in Divorce iin the above captioned matter Date DONNA L. ELLERMAN, VS. LEROY E. ELLERMAN, SR., Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA ., : CIVIL ACTION - LAW : NO. 02- 5122 ClVlLTERM : : IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this ,.~/ day of //~/OV~'/'/?b~'~,'-, 2002, BETWEEN LEROY E. ELLERMAN, SR., of 927 Grahams Woods Road, Newville, Cumberland County, Pennsylvania, hereinafter referred to as Husband, AND DONNA L. ELLERMAN, of 1422 Bradley Drive, C-114, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.I' The parties hereto are husband and wife, having been joined in marriage on, September 1, 1989, in Hagerstown, Maryland; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 02-5122 Civil Term on October 22, 2002; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. R4: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall 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 from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. On or about January 22, 2003, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. If either party fails or refuses to execute and file Affidavits of Consent and Waivers of Notice when requested by the other party, within 20 days of that request, this Agreement may be declared null and void by the party requesting the signed Affidavit of Consent. 2 (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 927 Graham's Woods Road, Newville, Cumberland County, Pennsylvania. Wife agrees within 45 days of the date of the Agreement that she shall convey the real estate with improvements thereon erected to Husband by special warranty deed. Husband shall pay for all household expenses including, but not limited to, mortgages and liens of record, utility bills, insurance and rea~ estate taxes in connection with said property. With regard to all such expenses, Husband hereby shall hold Wife harmless and indemnify her from any loss thereon. Husband shall refinance said mortgage obligation within 45 days of the date of this agreement at which time Wife shall release a Deed to Husband. (4) DEBT: A. MARITAL DEBT: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement, except as follows: i. Joint MBNA credit card - approximately $16,000 ii. Joint First USA credit card - approximately $16,000 1: Husband shall pay the obligations to First USA by making timely monthly payments in at least the minimum amount required by the creditors until paid in full. 2.' Wife shall pay the obligations to MBNA by making timely monthly payments in at least the minimum amount required by the creditors until paid in full. 3 Neither party shall charge anything additionally on the joint accounts and will close such accounts as soon as they are paid in full. Each party shall pay the outstanding joint debts as set forth herein and further agrees to indemnify and save harmless the other from any and ail claims and demands made against either of them by reason of such debts or obligations. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on September 7, 2002, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Specifically, Husband will retain the 2003 Dodge Ram Truck, the Street 4 Rod and a 1980 Ford which is driven by the parties' child. Wife will retain the 1998 Jeep Cherokee. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. Wife will retain the parties' chocolate labrador retriever, Gange. (8) Husband approximately $117,000 in equity or value while approximately $17,000 of value. This distribution is made Husband's earnings are approximately twice those of Wife. In consideration for the CHILD SUPPORT: The division of property set out herein provides to it provides to Wife despite the fact that 5 distribution set out herein, and in consideration of the parties' incomes, Husband waives any claim for child support for the parties' son, Zachary. The parties are advised that the current state of the law may prohibit them from waiving the interest of their children to child support, but the parties intend that Husband will make no claim for child support in consideration of the distribution he enjoys from this Agreement. (9) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (10) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Wife is represented by Carol J. Lindsay, Esquire, and Husband has been advised that he may be represented by counsel of his choice. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. 6 (11) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (12) INCOME TAX: Wife agrees, upon the request of Husband, to join in the filing of a 2002 joint federal, Pennsylvania income tax retum, 2002 and subsequent years. In the event that a joint retum is filed, the Wife's contribution for payment shall be a sum equal to the amount of tax liability that she would have had to pay on her separate return for that year had she filed a separate return. Husband will pay the balance of the tax due on the return. Husband will bear the expense of preparing all joint tax returns and of computing the estimated tax liability of Wife on the basis of her having filed a separate retum. In the event of any refund the distribution of it will be determined by amount of refund received as if the parties had filed separate retums. (13) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. 7 (.14) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (15) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. ('16) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. 8 (17) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (2) (3) to take against the other's will; under the laws of intestacy; to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; 9 G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (18) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (19) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (20) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue 10 for damages for such breach or to seek such other and additional remedies as may be available to him or her. (21) ENTIRE UNDERSTANDING: This Agreement understanding between the parties and there are no representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. constitutes the entire covenants, conditions, (22) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: Donna L. Ellerman '- - ~eroy E. E~ilerman, Sr.- J 11 DONNA L. ELLERMAN, VS. LEROY E. ELLERMAN, SR., Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02- 5122 CIVIL TERM 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. (Strike out inapplicable section). ,,v,..~j~.~ 2. Date and manner of service of the complaint: Acceptance of Service signed by Defendant on November 13, 2002. 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff .April 5, 2003, by the Defendant ~ Related claims pending: None Complete either (a) or (b). (a) Date and manner of service (b) of the notice of intention to file praecipe to transmit record, a copy of which is attached: Date Plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: ~ Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary': ~ Attorney for Plaintiff IN THE COURT OF COMMON PLEAS DONNA L. ELLERMAN, ~ Plaintiff VERSUS LEROY E. ELLERMAN Defendant OF CUMBERLAND COUNTY N o. 02-5122 civil Term IN DIVORCE Decree iN DIVORCE DONNA L. ELLERMAN DECREED THAT LEROY E. ELLERMAN, SR. AND , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE. The terms of the settlement Agreement dated November 21, 2002 are incorporated but not merqed into this Decree~'~ ~ By I~/L~Co u ~/~ PROTHONOTARY SAIDIS SHUFF, FLOWER & LINDSAY A~I'ORI~¥S*AT'LAW 26 W. High Street Carlisle, PA DONNA L. ELLERMAN, VS. LEROY E. ELLERMAN, SR., Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02- 5122 ClVlLTERM : : IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME NOTICE IS HEREBY GIVEN that DONNA L. ELLERMAN, the Plaintiff in the above matter, having been granted a Final Decree in Divorce on April 30, 2003, hereby intends to resume and hereafter use the previous name of DONNA L. TROUT, and gives this written notice avowing her intention in accordance with the provisions of the Act of April 2, 1980, P.L., 23 P.S. 702, effective July 1, 1980. Donna L. Ellerman, Petitioner TO BE KNOWN AS: Donna L. Trout COMMONWEALTH OF PENNSYLVANIA ' · SS. COUNTY OF CUMBERLAND ' ON this, the /Z7[~"~ day of " ,2003, before me, a Notary Public, personally appeared DONNA L. EELL::~MAN, to be known as DONNA L. TROUT, known to me or satisfactory proven to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal,. NOTARIAL SEAL ;E: E L MURRAY, Nota~ ~,;~r Boro, Cumberland