HomeMy WebLinkAbout07-0449TERESA A. SMITH,
Plaintiff
vs.
KREIG L. SMITH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.2007- ~f `/ 7 CIVIL ACTION -LAW
IN DIVORCE
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
will proceed without you and a decree in divorce or annulment may 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 or 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 First Floor, Cumberland County Courthouse, 1 Courthouse Square,
Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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
32 S. Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
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TERESA A. SMITH,
Plaintiff
v.
KREIG L. SMITH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.2007- cf ~'~' CIVIL ACTION -LAW
IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTION 3301 fC) OR 3301 (D) OF THE
DIVORCE CODE
AND NOW comes Teresa A. Smith, plaintiff herein, by and through her attorney, Jacqueline
M. Verney, Esquire, and represents the following:
1. Plaintiff is Teresa A. Smith, an adult individual, currently residing at 615 N. Baltimore Ave.
Mt. Holly Springs, Cumberland County, Pennsylvania 17065 since January 4, 2007.
2. Defendant is Kreig L. Smith, an adult individual, currently residing at 152 Springfield Road,
Shippensburg, Cumberland County, Pennsylvania 17057 for eight years.
3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and
have been so for at least six months immediately previous to the filing of this complaint.
4. Plaintiff and Defendant were married on April 13, 1985, in Newville, Cumberland County,
Pennsylvania.
5. There have been no prior actions for divorce or annulment between the parties.
6. The 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 participate in counseling.
Having been so advised Plaintiff does not desire the Court to order counseling.
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7. This marriage is irretrievably broken.
WHEREFORE, Plaintiff prays Your Honorable Court enter a decree in divorce.
Respectfully submitted,
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Jac ine M. Verne , Es uir~ e U
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Supreme Ct. ID. 23167
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attorney for Plaintiff
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VERIFICATION
I verify that the statements made in the foregoing divorce complaint are true and correct.
I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
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eresa A. Smith, Plaintiff
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TERESA A. SMITH, IN THF. COiJRT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs.
N0.2007-449 CIVIL ACTION -LAW
KREIG L. SMITH,
Defendant IN DIVORCE
AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO Pa. R.C.P. 1930.4 (c)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
I, Jacqueline M. Verney, Esquire, being duly sworn according to law, deposes and
says that she is the attorney for plaintiff, Teresa A. Smith, and that she did serve a true and
correct copy of the divorce Complaint that was filed in the above matter, by U.S. mail,
postage prepaid, certified with restricted delivery, return receipt requested, unto the
defendant, Kreig L. Smith, on January 25, 2007. The receipt form is attached hereto as
EXHIBIT "A".
V
acq line M. Verney, Esquire 167
44 S. Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attorney for Plaintiff
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Sworn to and subscribed before me this `' day of ~~ br ~ , 2007.
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Notary Public
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NOTARV-L SEAL
" VA~.ERIE F. GSELI, Notary PubNc
Carlisle Boro., Cu rmberl~ ber 9 X10
My Commission Expi
^ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
^ PNnt your name and address on the reverse
so that we can return the card to you.
^ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
17o s 7
A. Re eived by (PleasQ Print Clearly) B. Date of Delivery
J`yl f 1- 2S
C. Sign re
X ^ Agent
^ Addressee
D. ~rvery~ress different from item 1? ^ Yes
If YES, enter delivery address below: O No
3. Se ice Type
Certified Mail ^ Express Mail
^ Registered ^ Return Receipt for Merchandise
^ Insured Mail ^ C.O.D.
4. Restricted Delivery? (Extra Fee) Yes
2. Article Number 7D03 1L11~ ~~d1 1198 2950
(transfer from service label)
PS Form 3811, March 2001 Domestic Return Receipt tozsss-ot•M-taza
EXHIBIT ~t:~~~
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TERESA A. SMITH, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA
v. N0.2007-449 CIVIL ACTION -LAW
KREIG L. SMITH,
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was
filed on January 22, 2007.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing and service 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.
section 4904, relating to unsworn falsification to authorities.
Date: J`Y' c~ `~ ~
eresa A. Smi ,Plaintiff
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TERESA A. SMITH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 2007-449 CIVIL ACTION -LAW
KREIG L. SMITH,
Defendant : IN DIVORCE
MARITAL PROPERTY AND SETTLEMENT AGREEMENT
This Agreement, made and entered into this ~^~ day of 2007,
between Teresa A. Smith, hereinafter referred to as "Wife," and Kreig L. Smith, hereinafter referred
to as "Husband."
WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to
each other on April 13, 1985 in Newville, Pennsylvania; and,
WHEREAS, a Complaint in Divorce was filed in the Cumberland County Court of
Common Pleas at No. 2007-449 on January 22, 2007; and,
WHEREAS, certain differences have arisen by and between the parties as a result of which
they have now separated and the parties hereto are desirous of settling fully and finally their
respective financial and properly rights and obligation as between each other including, without
limitation by specification: the settling of all matters between them relating to the ownership and
equitable distribution of real and personal property; the settling of all matters between them
relating to the past, present and future support, alimony andlor maintenance of Wife by Husband or
of Husband by Wife; and in general, the settling of any and all claims and possible claims by one
against the other or against their respective estates; and,
WHEREAS, both and each of the parties hereto have been advised of their legal rights and
the implications of this Agreement and the legal consequences that may and will ,ensue from the
execution hereof, and each has had the opportunity to consult with his or her own competent legal
counsel independent of each other; and,
WHEREAS, each party warrants, as part of the consideration of this Agreement, that each
has fully and completely disclosed all information of a financial nature requested by the other, and
that no information of such nature has been subject to distortion or in any manner being
misrepresented; and
WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all
of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or
inchoate, in and to the real and personal property of the Husband, now owned by him or which in
the future may be owned by him, and all rights to counsel fees, or expenses and other than as set
forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or
surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and
personal estate of the Wife, currently owned by her or which she may own in the future;
NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby
mutually agree as follows:
1. Advice of Counsel. Husband and Wife acknowledge that they have been given the
opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their
legal effect in advance of the date set forth above to permit such independent review. Each party
acknowledges that he or she has had the opportunity to receive independent legal advice from
counsel of his or her selection, and that each fully understands the facts and has been fully informed
as to his or her legal rights and obligation, and each party acknowledges and accepts that this
Agreement is, and under the circumstances, fair and equitable, after having the opportunity to
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receive such advice and with such knowledge, and that execution of this Agreement is not the result
of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges
that he or she has had the opportunity to be fully advised by his or her respective attorney of the
impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all
marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution
of all marital property or property owned or possessed individually by the other, counsel fees and
costs of litigation and, fully knowing the same and having the opportunity to be fully advised of his
or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging
that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and
waives his or her respective right to have the Court of Common Pleas of Cumberland County, or
any other court of competent jurisdiction, make any determination or order effecting the respective
parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital
property, counsel fees and costs of litigation.
2. Separation. Husband and Wife do hereby mutually agree and consent to live
separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times
hereafter to live separate and apart from each other, and to reside, from time to time, at such place
or places as they respectfully shall deem fit, free from any control or restraint or interference, direct
or indirect, by each other.
3. No Molestation, Harassment or Interference. Neither party shall molest, harass
or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him
or her by any means whatsoever.
4. Mutual Property and Estate Waiver. Except as otherwise expressly set forth
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herein, in which event such express provision shall take precedence over this paragraph, the parties
hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights
in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the
rights of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family
exemption or allowance, to be vested with letters of administration or letters testamentary, or to
take against any will of the other, and each agrees with the other if either should die intestate, his or
her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin,
excluding the other as though he or she had died a widow or widower. And each further agrees that
should the other die testate, his or her property shall descend to and vest in those persons set forth in
the other's Last Will and Testament as though the spouse so designated as beneficiary had
predeceased the testator. The parties further agree that they may and can hereafter, as though
unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real
estate and personal property which either of them now or hereafter own or possess and further agree
that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so.
The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of
this power hereby given be necessary, the right and the power to appoint one or more times any
person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the
other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit
claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her
real or personal property, but without any power to impose personal liability for breach of warranty
or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22
of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an
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equitable distribution of married property ordered by the Court pursuant to Section 3502 of the
Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any
legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or
otherwise for the other, and to that end each of the parties hereto does hereby waive any right to
receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of fmancial
assistance whatsoever from the other, except as otherwise expressly provided for herein.
5. Division of Personal Property.
Except as set forth hereinafter, the parties agree that they have divided their personal
property including all household items, accounts, mutual funds and automobiles to their mutual
satisfaction. Each parry agrees to execute whatever document is necessary to accomplish the intent
of this paragraph.
Household items. The parties have satisfactorily divided all personal property.
Motor Vehicles. Husband hereby transfers to Wife all of his right, title and interest in
wife's vehicle, a 1998 Mercury Mountaineer. Wife hereby transfers all of her right, title
and interest in husband's vehicles, a 1994 Ford Mustang, 1989 Coupe and Mazda. Each
party shall be responsible for any outstanding liability for each vehicle. The parties
agree to execute any documents necessary to transfer title to the individual owners upon
request of the party.
Upon the signing of this agreement, each party shall have the freedom of disposition as to
their separate property which is in their possession or control pursuant to this Agreement and may
mortgage, sell, grant, convey or otherwise encumber or dispose of such properly, whether real or
personal, whether such property was acquired before, during or after marriage, and neither Husband
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nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the
other pertaining to such disposition of property.
6. Real Property. The parties acknowledge that they are the joint owners of real
estate located at 152 Springfield Road, Shippensburg, Pennsylvania. There is currently a mortgage
in both parties' names. Husband shall refinance the marital home in his name alone. In exchange
for a deed transferring Wife's interest in said property to Husband, Husband shall pay to Wife from
the proceeds of the refinance the sum of $66,000.00. Until finalization of the refinance of the
property, Husband shall be responsible for the monthly mortgage payment and hereby covenants
that the monthly mortgage payments will be made in a timely manner.
7. Debts. Husband and Wife shall be responsible for their respective debts and
indemnify the other from any liability arising therefrom. The parties warrant, one to the other, that
they know of no joint debt for which the other might be liable, but that. in the event any joint
liability is discovered into the future, the parties agree that the party who incurred the debt will be
responsible for payment thereof.
8. Future Debts. The parties further agree that neither will incur any more future
debts for which the other may be held liable, and if either party incurs a debt for which the other
will be liable, that party incurring such debt will indemnify and hold the other harmless from any
and all liability thereof.
9. Child Support, Spousal Support, Alimony and Alimony Pendente Lite. The
parties hereby waive any right either may have to receive Child Support, Spousal Support,
Alimony or Alimony Pendente Lite.
10. Pensions/Retirement. Husband hereby waives any right, title or interest in any
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retirement, pension, IRA, or 401K that Wife has or may have an interest in. Wife hereby waives
any right, title or interest in any retirement, pension, IRA, or 401 K, including any military pension
that Husband has or may have an interest in.
11. Custody: The parties are the parents of two children, Nathan K. Smith age '19 and
Kristyn, age 16. The parties shall have shared legal custody of Kristyn and Father shall have
primary physical custody of Kristyn with Mother having periods of partial physical custody as
agreed by the parties.
12. Counsel fees. The parties shall be responsible for their respective counsel fees.
13. Income Taxes. For the tax year 2007 and thereafter, the parties shall file separate
income tax returns.
14. Divorce. The parties acknowledge their intention and agreement to proceed in an
action in divorce to obtain a fmal decree in divorce by mutual consent on the grounds that their
marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either
parry in any divorce action. The parties agree to execute any and all documents necessary for the
entry of a final divorce decree.
15. Breach. In the event that either party breaches any provision of this Marital Property
and Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce
the terms hereof, including, but not limited to, court costs and reasonable 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 for
damages for such breach or to seek such other and additional remedies as may be available to him
or her.
16. Enforcement. The parties agree that this marital settlement agreement or any part
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or parts hereof may be enforced in any court of competent jurisdiction.
17. Applicable Law and Execution. The parties hereto agree that this marital
settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and
shall bind the parties hereto and their respective heirs, executors and assigns. This document shall
be executed as original and multiple copies.
18. Incorporation and Judgment for Divorce. In the event that either Husband or
Wife at any time hereafter obtain a divorce in the action for divorce presently penduig between
them, or otherwise, this agreement and all of its provisions shall be incorporated into any such
judgment for divorce, either directly or by reference. The Court, on entry of judgment for divorce,
shall retain the right to enforce the provisions and terms of this marital settlement agreement.
19. Additional Instruments. Each of the parties shall on demand or within a
reasonable period thereafter, execute and deliver any and all other documents and do or cause to be
done any other act or thing that may be necessary or desirable to effectuate the provisions and
purposes of this Agreement. If either party fails on demand to comply with this provision, that
party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a
result of such failure.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first
written above.
WITNESS:
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~J 0 TERESA A. SMITH `~~
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TERESA A. SMITH, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA
v. N0.2007-449 CIVIL ACTION -LAW
KREIG L. SMITH,
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was
filed on January 22, 200?.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing and service 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.
section 4904, relating to unsworn falsification to authorities.
Date: ~ ~
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TERESA A. SMITH, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA
V. .
N0.2007-449 CIVIL ACTION -LAW
KREIG L. SMITH,
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER SECTION 3301 (C) 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 properly, lawyer's
fees or expenses if I 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. section 4904
relating to unsworn falsification to authorities.
Date: 8 b
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TERESA A. SMITH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V.
N0.2007-449 CIVIL ACTION -LAW
KREIG L. SMITH, .
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. Grounds for divorce: irretrievable breakdown under Section 3301 (c), ~~ of
the Divorce Code. (Strike out inapplicable section).
2. Date and manner of service of the Complaint: Affidavit of Service by Mail, made on
January 25, 2007.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by sec. 3301 (c) of the
Divorce Code: by plaintiff Ma~2, 2007; by defendant Ma~8, 2007.
(b) (1) Date of execution of the affidavit required by sec. 3301 (d) of the Divorce
Code:
(2) Date of filing and service of the
plaintiff s affidavit upon the defendant
4. Related claims pending: None
5. Complete either (a) or (b).
(a) Date and manner of service of the Notice of Intention to file Praecipe to transmit
record, a copy of which is attached
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(b) Date plaintiffls Waiver of Notice in sec. 3301 (c) Divorce was filed with the
Prothonotary: Ma~2, 2007.
Date defendant's Waiver of Notice in sec. 3301 (c) Divorce was filed with the
Prothonotary: May 11, 2007.
J-. ~ Z ~ -~ Atto ey for Plaintiff
Jacqueline M. Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
(717)243-9190
Supreme Ct ID #23167
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1 N THE COURT OF COMMON PLEAS
TERESA A. SMITH,
Plaintiff
OF CUMBERLAND COUNTY
STATE OF PENNA.
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N O. 2007-449
VERSUS
KREIG L. SMITH,
IN DIVORCE
Defendant
DECREE IN
DIVORCE
AND NOW, ~ ,~~~, IT IS ORDERED AND
DECREED THAT TERESA A. SMITH PLAINTIFF,
AND
KREIG L. SMITH
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; 1~y~
The parties' Marital Property and Settlement Agreement dated May 2, 2007
is incorporated herein and the Court has jurisdicjti,sL o~her claims.
BY TH~¢'OURT:
ST: / ~ ~ J .
PROTHON4~fARY
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