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HomeMy WebLinkAbout02-5610F ~F ILES\DATAFI LE\Gendoc cur\10749-¢om dlv/t de Created I 1/19/02 03:32:23 PM Revised: I 1/20/02 02 57:27 PM 10749 I KRISTA A. VANDEGRIFT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- CIVIL ACTION - LAW WILLIAM W. VANDEGRIFT, Defendant 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 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 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 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, Permsylvania 170l 3 Telephone (717) 249-3166 F \FILES\DATAFILE\Gendoc c ur\10749-com div Revt*ed: I 1/20/02 02:57:28 pM KRISTA A. VANDEGRIFT, Plaintiff WILLIAM W. VANDEGRIFT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- .~[9 CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiff is Krista A. Vandeghfi, an adult individual with a domicile of 4 Erin Place, Carlisle, Cumberland County, Pennsylvania, but is residing at 4034A Andrews Lane, McGuire Air Force Base, NJ 09641 in connection with her service in the United States Air Force. 2. Defendant is William W. Vandegfift, a resident of Pennsylvania, currently on deployment in Korea with the United States Air Force, and has a mailing address ofSRA Vandegrifi, William W., 8 CES, PSC 2 Box 4339, APO AP 96264-0044. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 28, 2000, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. Carl C. Risch, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 OTTO Date: November 20, 2002 Attorneys for Plaintiff VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworu falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. F/FILES/DATAFILE/Ge~doe cur/10749.ver I F:\FILE$~DATAFILE~Gealdoc.cUfi 10749-div.pra/tde Revised: 12J13/02 12:43:34 pM 10749.1 KRISTA A. VANDEGR1FT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLA~ND COUNTY, PENNSYLVANIA WILLIAM W. VANDEGRIFT, Defendant NO. 2002~ 5610 1N DIVORCE CIVIL ACTION - LAW PRAECIPE Please accept for filing the attached facsimile Acceptance of Service signed by Defendant evidencing that he has accepted service of the Complaint on December 10, 2002. The original Acceptance of Service will be filed when received by First Class Mail. MART.SON DE,~D~D.P, FF WILLIAMS Carl ~.-~-~s~h, iSsqu~e Ten East High Street Carlisle, PA 17013 (717) 243-3341 & OTTO Date: December 13, 2002 Attorneys for Plaintiff' KRISTA A. VA-NDEGRIlrT, Plaintiff WILLIAM W. VANDEGRIFT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 561(I CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I hereby certify that I accepted a copy of the Complaint in Divorce which was mailed to me, Defendant Williamn W. Vandegdft, at 8 CES, PSC 2 Box 4339. APO AP 96264-0044. I hereby certify that I received the Complaint in Divorce on [O ~*'; a'~ya-¢ .,, 2002. William W~ Vandegrift,~l~(~er/dant F:\FILE S~g)ATAFILE\Gendoc ~c~GENDOC02\ 10749 -div pra/tde Created: 11/19/02 03:32:23 PM Revised: 01/23/03 10:18:39AM KRISTA A. VANDEGRIFT, Plaintiff WILLIAM W. VANDEGRIFT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 5610 CIVIL ACTION - LAW IN DIVORCE PRAECIPE Please accept for filing the attached Acceptance of Service signed by Defendant evidencing that he has accepted service of the Complaint on December 10, 2002. This Acceptance of Service replaces the facsimile copy filed on December 13, 2002. MARTSON DEARDORFF WILLIAMS & OTTO By ~~' Carl C. Risch, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: January 23, 2003 Attorneys for Plaintiff F:\FILES\DATAFILE\Gendoc.cur\10749-divaos/tde Created: 11/19/02 03:3223 PM Revged: 11/21/02 10:56:26 AM 10749 I KRISTA A. VANDEGRIFT, Plaintiff WILLIAM W. VANDEGRIFT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 5610 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I hereby certify that I accepted a copy of the Complaint in Divorce which was mailed to me, Defendant Williamn W. Vandegfift, at 8 CES, PSC 2 Box 4339, APO AP 96264-0044. I hereby certify that I received the Complaint in Divorce on /'/7 g?a-a e',,,tta-¢ ,2002. William W. Vandegrift,v~ie"fen~lant KRISTA A. VANDEGRIFT, Plaintiff Vo WILLIAM W. VANDEGRIFT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 5610 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on November 20, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 4. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301 (d) OF TI-IE 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, lawyers 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 and waiver 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. 'ECFI\/F~ APR 14 2003 F:,,FiLES\DATAFILE\GeneraI\Documenls\I0740-Iconftde Created 11119/02 03:32:23 PM Revised: 03il7103 03:00:41 PM 1074O I KRISTA A. VANDEGRIFT, Plaintiff Vo WILLIAM W. VANDEGRIFT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 5610 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT '~'~ (c) of the Divorce Code was filed on November 1. A Complaint in Divorce Under § ~.,01 20, 2002. I acknowledge receiving a true and correct copy of the Divorce Complaint, said copy being served upon me on December 10, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 4. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND _~ 3301(d) 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, lawyers 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 and waiver 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. Date: William ~g. Var~degrift, D~t~ant MARITAL SETTLEMENT AGREEMENT This Agreement, made this day of ~/~6[ {4 {f , ~.~'.'~ , by and between WILLIAM W. VANDEGRIFT, Pennsylvania, (hereinafter referred to as "Husband") and KRISTA A. VANDEGRIFT, Pennsylvania (hereinafter referred to as '"Wife"). WHEREAS, the parties hereto are Husband and Wife, having been married on October 28, 2000, Carlisle, Pennsylvania, and are the parents of Maximu,,~ William Vandegrifi, bom April 28, 2001; and WHEREAS, difficulties have arisen between the parties as a result of which they now desire to live separate and apart and by this Agreement, to settle all financial and property rights between them; and WHEREAS, this Agreement is being made in contemplation of a divorce action being filed concurrently with the execution hereof; and WHEREAS, Husband and Wife declare that each has had full and fair opportunity to obtain independent legal advice of counsel of their selection, and that before signing this Agreement, each has either been fully advised by counsel of their rights and obligations under the law and this Agreement, or else have waived their right to legal advice. Each party hereby confirms that he or she has read carefully and fully understands the terms, conditions and provisions of this Agreement and believes same to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further declare that each is executing the Agreement freely and voluntarily, and not as a result of any fraud, coercion, duress, undue influence or collusion; and WHEREAS, Husband and Wife respectively acknowledge that before signing this Agreement they have been fully advised by their respective counsel of their rights and obligations, have read carefully and understand the terms of this Agreement, and have freely consented to this Agreement, believing it to be fair, just and equitable; and WHEREAS, Husband and Wife are satisfied that they understand the value and extent of all property which would be considered "marital property" under the Pennsylvania Divorce Reform Act, whether titled or owned separately or jointly as well as the value and extent of nonmarital property held or expected to be held by each other. NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth herein and intending to be legally bound hereby, the parties hereto do hereby agree as follows: 1. SEPARATION: Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble and interfere in any way with the other or with any person for associating with the other. 2. RELEASE: Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted or suffered to be done by said other party prior to and including the date hereof} further, the parties acknowledge that all rights under the Pennsylvania Divorce Code that are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any causes of action in absolute divorce which either party may have against the other. 3. DIVORCE: Both parties agree to pursue a no-fault divorce under Section 3301(c) of the Pennsylvania Divorce Code and, in connection therewith, to execute and acknowledge whatever consents or other documents that are necessary to accomplish this forthwith or .as soon hereafter as permitted by applicable law. The terms of this Agreement shall be incorporated but not merged into any Divorce Decree which may be entered with respect to the parties, and the court shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions hereof DEBTS: Both parties agree that, in the future, neither shall cause: or permit to be charged to or against the other any purchase or purchases which either of them may hereafter make and shall not hereafter create any engagements, debts or obligations in the name of or against each other. Except as specifically provided herein, each agrees to hold the other free and harmless from any and all debts and other obligations which he or she may have incurred since the date of the separation and agrees to indemnify and defend the other party from any claim regarding same. 5. PERSONAL PROPERTY: A. AUTOMOBILES: i. Husband will receive the 2001 Hyundai Sante Fe which is titled jointly. However, the parties agree that said Sante Fe will be sold as soon as possible at fair market value and, if the lien on the vehicle exceeds the sales price, the parties agree to be jointly liable for the loss; and ii. Wife will receive the 1988 Chevrolet Blazer which is titled solely to her. Wife shall indemnify, defend and hold Husband harmless from any claim with respect thereto. B. OTHER PERSONAL PROPERTY: Except as stated below, the parties have heretofore divided the property, both real and personal, which they owned either together or separately and such division and apportionment is hereby confirmed. 6. ENFORCEMENT: If either party defaults in the due performance of any of the terms, conditions and covenants of this Agreement on his or her part to be performed, the non-defaulting party shall have the right to sue for specific performance or damages for the breach of this Agreement, and the defaulting party shall pay the reasonable legal fees for any services rendered by pension the non-defaulting party's attorney in any action or proceeding to compel the defaulting party's due performance hereunder as well as costs for bringing the action or proceeding. If either party challenges the validity of this Agreement and the challenge is not successful, the challenging party shall similarly reimburse the defending party for all expenses and losses incurred in the defense. 7. EXECUTION OF DOCUMENTS: The parties agree to execute all documents that are reasonably necessary to effectuate the purpose of this Agreement. In the event that either party shall refuse or fail to execute and/or acknowledge any such document, then the other party shall have, and is hereby granted, the right and power to appoint one or more times any person or persons of his or her choosing as attorney-in-fact for the other party to so execute and acknowledge such documents. 8. CONTRACT INTERPRETATION: For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. 9, AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which is or has been acquired by him or her after the date of separation, with ful[l power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 10. ADDRESS AND TELEPHONE NUMBER OF PARTIES: As long as any obligations remain to be performed pursuant to the provisions of this Agreement, each party shall have the affirmative obligation to keep the other informed of his or her residence address and telephone number, and shall promptly noti0./the other in writing of any change of address by giving the new residence address and telephone number. 11. MISCELLANEOUS: A. This Agreement constitutes the entire agreement between the parties, being the final and complete settlement of all matters between them and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no representations, IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written, intending to be legally bound hereby. Witness: Williq~n W. Van~tegrift ~..' ~ ,,~ -- KRISTA A. VANDEGRIFT, Plaintiff WILLIAM W. VANDEGRIFT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IO NO. 2002-5609' CIVIL ACTION - LAW PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following inforraation, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Service. Date and manner of service of the complaint: See Praecipe filing the Acceptance of Date: May 19, 2003 3. Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; April 10, 2003; by the Defendant; May 11, 2003. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: May 15, 2003. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: May 15, 2003. MARTSON DE,~d>,DORFF WILLIAMS & OTTO Carl C. Risch, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff OF CUMBERLAND IN THE COURT OF COMMON PLEAS C'O U NTY STATE OF ,~ PENNA. . .KRISTA.-A-. ~VANDRGRIFT ............................. Versus ...WILLIAM ~....~ANDEGRI~T ................... IO N o.. zoo2..~6.~ .................. 19 DECREE l~N AND NOW,~i~. 3 t~gx. 20.0.3. it is ordered and decreed that .............. ~cRrS~A W. V~DEOR~FT plaintiff, and .......................... wrLLl~m. W.. VAtmECaTF~ ........... 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 May 11, 2003, is incorporated herein ~y. r~f~r~B.cg~, bg.t i~. Bp.t. 3Lexged. ~%t.o..t~i.s. ~.e.c.r.e.e. ..........................