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HomeMy WebLinkAbout02-6099In the Court of Common Pleas of Cumberland County, Pennsylvania DINENE M. PERRIER, ) Plaintiff, ) ) VSo ) GARY PERRIER, ) Defendant. ) No. 2002 - ~a~q CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS SUED IN COURT. If you wish to defend against the claims set YOU HAVE BEEN .......... *;~- ou are warned that if you fail .to do · ' es ou must ta~e prompt awttut,. Y forth ~n the following pa,g .,,,y _ --~ ~ ~ ....e of divorce or annulment may be en.terea so, the case may proceea w~t.nout you atiu a u~,.t~ . · · . ud ment may also be entered agmnst you for any other clmm or against you by the .Court A j !g .,_ .,,~:_+:c~ v~,, ,,,aY lose money or property or other rights ~u~e~-uested in these papers vy ~ne rr.a~:,m). ~ -- ~ .... - ]~'~{;~t~t to you, including custody or wsttat~on oI your cmlaren. When the ground for 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: Office of the Prothonotary Cumberland County Courthouse Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYEWS FEES OR EXPENSES BEFORE A 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 In the Court of Common Pleas of Cumberland County, Pennsylvania DINENE M. PERRIER, Plaintiff, VS. GARY PERRIER, Defendant. No. 2002- CIVIL TERM IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this 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 days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9509 In the Court of Common Pleas of Cumberland County, Pennsylvania DINENE M. PERRIER, ) Plaintiff, ) vs. ) No. 2002- ~' ) GARY PERRIER, ) CIVIL TERM Defendant. ) IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE Plaintiff, by her attorney Michael S. Travis, respectfully represents: 1. Plaintiff is Dinene M. Perrier, who resides at 2196 Gleim Court, Enola, Cumberland County, Pennsylvania, 17025, since February 2002. 2. Defendant is Gary Perrier, who resides at 1805 Pineford Drive, Middletown, Dauphin County, Pennsylvania, 17057, since December 2002. 3. Plaintiff has been a bona fide resident of 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 May 16, 1998, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The mmxiage is irretrievably broken. 7. The parties have been living separate and apart. At a subsequent time, Plaintiff may submit an Affidavit that the parties have lived-separate and apart for at least two (2) years. 8. 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. 9. Neither Plaintiff nor Defendant are in the Military Service in the United States Armed Serviced. Neither Plaintiff nor Defendant are within the provisions of the Soldiers' and Sailors' Relief Act of Congress of 1940 and its amendments. 10. Plaintiff requests the court to enter a decree of divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: D~e M. Perrier, Plainffff ~Mfcha~l'g. Yr~v~"¢~ Attorney for Plaintiff I.D. # 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 Fax 731-9511 In the Court of Common Pleas of Cumberland County, Pennsylvania DINENE M. PERRIER, ) Plaintiff, ) ) VS. ) GARY PERRIER, ) Defendant. ) No. 2002 -6099 CIVIL TE}EM IN DIVORCE Affidavit Correcting Paragraph Four of Complaint In Divorce Plaintiff, Dinene Perrier, states as follows: 1. The complaint in divorce filed on December 23, 2002, incorrectly states the County in which the parties were married. 2. The parties were married May 16, 1998, in Dauphin County, Pennsylvania. 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. § 4904 relating to unswom falsification to authorities. Dinene Perrier, Plaintiff MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ~day of ~, 2002, by and between Gary Perrier, (hereinafter referred to as "Husband,") and Dinene M. Perrier, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on May 16, 1998; and WHEREAS, there were no children bom of this marriage; WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. DEFINITIONS (a) Date of Execution of this Agreement. The phrase "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the parties if they each have executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. (b) Distribution Date. The phrase "distribution date" shall be defined as fourteen days following the entry of a final decree in divorce and the filing of Waivers of Appeals by each party. If the fourteenth day falls on a weekend or holiday, the distribution date shall be the next business date. ADVICE OF COUNSEL The parties have had an opportunity to review the provisions of this Agreement with their respective counsel. Husband is represented by . Wife is represented by Michael S. Travis, Esquire. Husband and Wife acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets to the extent that it has been requested. Each party agrees that he or she shall not at any future time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure that may have been fraudulently withheld. 3. 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 may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or tmlaw~lness of the causes leading to their living apart. 4. INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of the agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 5. DIVISION OF PERSONAL PROPERTY The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Excepting the list attached hereto as Exhibit "A," neither party shall make any claim to any other such items of marital property, or to the separate personal property of either party, which are now in the possession and/or under the control of the other. Financial Accounts. The parties divided savings of approximately Nine Thousand Seven Hundred Seventy-Six Dollars ($9,776.00), in account no. 167204, Members First FCU to their mutual satisfaction. Neither party will make further claim to those funds. o Pendente Lite. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE Each party agrees to relinquish any right to support, maintenance or Alimony The parties herein acknowledge by this Agreement they have respectively secured and maintained substantial and adequate funds with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life which they are accustomed. Husband and Wife do hereby waive, release and agree to relinquish the right to Alimony. 8. LIFE INSURANCE It shall not be necessary for either party to maintain a policy of life insurance for the benefit of the other party. 9. AUTOMOBILES (a) The parties are the owners of two automobiles, a 2002 Toyota Camry driven by Husband and a 2001 Nissan Altima driven by Wife. Both vehicles are encumbered by purchase money loans. Husband shall have sole and exclusive possession of the Camry. Wife shall have sole and exclusive possession of the Altima. (b) Husband shall assume and hold Wife harmless for the purchase money loan on his auto. Wife shall assume and hold Husband harmless for the purchase money loan on her auto. Should any action be required to transfer title or other document of ownership, the parties will take steps to transfer and reflect ownership as soon as possible after the distribution date. (c) Both parties agree to assume all responsibility and hold each other harmless for any and all liability, including insurance, costs and expenses associated with ownership of the above. 10. DIVISION OF MARITAL RESIDENCE The parties are tried holders to real estate with a townhome located thereon at 2196 Gleim Court, Enola, Cumberland County, Pennsylvania. Wife shall receive title and possession of the real estate and any equity in the property. Husband shall relocate from the property within sixty (60) days of the execution date of this Agreement. The property is encumbered by a purchase money mortgage. Wife agrees to re£mance the mortgage into her name. Husband shall sign a quit claim deed conveying his interest in the property to Wife within thirty days of the execution of this Agreement. The parties agree to share the cost of the deed preparation and filing. Wife shall pay all costs associated with refinancing the mortgage debt into her name. Wife agrees to indemnify and hold Husband harmless for any future expense related to the real property after the execution of this Agreement. 11. PENSION RETIREMENT AND TRUST ACCOUNTS Husband and Wife shall maintain their separate pension, IRA and/or retirement accounts. Wife relinquishes any other rights, title, and interest she may have in all existing and future retirement assets or benefits of Husband's pension or retirement plans, 401K or other account, including Stock Options, Savings and Cash balance plans. Husband relinquishes any and all rights, title, and interest he may have in all existing or future retirement assets or benefits of Wife's pension or retirement, 401K or other account including Stock Options, Savings and Cash balance plans. 12. MEDICAL INSURANCE The parties shall be responsible for their own medical insurance. 13. MARITAL DEBTS The parties represent that there are no joint marital obligations, excepting the real estate mortgage previously discussed. Each of the parties agrees to keep the other indemnified and saved harmless from all debts or liabilities incurred by him or her prior to the date of this agreement and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and any counsel fees whatsoever pertaining to such actions, claims and demands. Since separation, neither party has contracted for any debts which the other will be responsible for and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. 14o FILING OF IRS RETURN/TAXES Husband and Wife agree to file separate tax returns for the tax year in which the Decree in Divorce is entered. 15. DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and allow to be filed the necessary documents to obtain a divorce under Section 3301(c) of the Divorce Code. 16. DEATH PRIOR TO DIVORCE If either Husband or Wife dies before the entry of a final decree in divorce between the parties, this Agreement is deemed to survive the death, and the parties, heirs or assigns shall enter into the same status as after the Agreement was entered into. 17. INCORPORATION This agreement is to be incorporated for the purposes of enforcement, but not merged into any subsequent Decree in Divorce. 18. CONTINUED COOPERATION The parties agree that they will, after the execution of this Agreement, execute any and all written instruments, assignments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this Agreement. 19. COUNSEL FEES Except as otherwise provided for in this Agreement, each party shall be responsible for his or her own legal fees and expenses. 20. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach; and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement or for seeking such other remedies or relief as may be available to him or her. 21. VOLUNTARY AGREEMENT The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable; that it is being entered into voluntarily; and that it is not the result of any duress or undue influence. 22. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 23. BINDING EFFECT This Agreement shall be binding upon the parties' heirs, successors and assigns. 24. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formalities as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 25. PRIOR AGREEMENTS It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this Agreement are null and void and of no effect. 26. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 27. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding effect whatsoever in determining the rights or obligations of the parties. 28. Pennsylvania. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Rfi WITNESS WHEREOF, the parties set their hands and seals the day and the year first writt~i~ve. Dinene M. Perrier, Wife 7 Commonwealth of Pennsylvania · · SS: County of (~a~0-z/~/) ' PERSONALLY APPEARED BEFORE ME, this '~ day of /~i ~ ,2002, a notary public, in and for the Commonwealth of Pennsylvania, Gary Perrier, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have her?unto set my hand and~fficial seal. Commonwealth of Pennsylvania:  ·SS: County of : PERSONALLY APPEARED BEFORE ME, this q d~ay of ~~ ,2002, a notary public, in and for the Commonwealth of Pennsylvania, Dinene M. Perrier, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. b(otary Public Notarial Seal Susan M. Joy, Notary Public Susquehanna Twp., Dauphin My Commission Expires Dec. 8, 200,3 EXHIBIT A Items of personalty to be delivered to Dinene M. Perrier: All personalty at 2196 Gleim Court, Enola, Pennsylvania shall be the property of Wife, excepting the list attached hereto as Exhibit B. Items of personalty to be delivered to Gary Perrier: The items attached hereto on the list identified as Exhibit B. September 29, 2002 I, Gary Perrier, will assume possession of the following items upon leaving the residence of Dinene Perrier at 2196 Gleim Court, Enola, PA: Pentium III computer Computer table on which the Pentium IIi computer sits today Bose Wave Radio/CD Weight Bench and weights Exhibit B Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 In the Court of Common Pleas of Cumberland County, Pennsylvania ) DINENE M. pERRIER, Plaintiff, ) ) No. 2002 _2002-6099 GARY PERRIER, ) CIVIL TERM 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. Ground for divorce: irretrievable breakdown under § 3301(c)(1) of the Divorce Code. . · December 2 Date and manner of service of the complaint: Complmnt was marled · · , ' ted delivery, return receipt requested to ' · United States certified m~afl,.res, tnc ~-~.o. mb 28- 2002, Affidavit of Service 24, 2003, ma . · __a ~,,T r~ tenoant on t~c ~er , Defendant, which was rece~vcu attached heretO;ate of execution of the affidavit of consent required by § 330 l(c) of the Divorce 3. Plaintiff on April 1, 2003; by Defendant on April 5, 2003. Code: by 4. Related claims pending: All claims were resolved by Marriage Settlement Agreement entered on October 9, 2002, which is requested be incorporated but not merged into the Decree in Divorce. 5. Date t]la~ntift?s Waiver of Notice in § 3301 (c) Divorce was filed with the prothonotary: Date ~e[endant's Waiver of Notic~iv°fcc was filed with the Attorney for Plaintiff IN The COURT Of COMMON PLEAS Dinene M. Perrier, Plaintiff VERSUS Gary Perrier, Defendant OF CUMBERLAND COUNTY state Of ~~:~;~..~~~ i: PENNA. NO. 2002-6099 Decree in DIVORCE Dinene M. Perrier DECREED THAT , ~.~)~F, IT IS OrDErED AND , PLAINTIFF, Gary Perrier AND , DEFENDANT, ARE DIVORCED FROM THE bONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF REC(.{R~AIN.~THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marriage Settlement Agreement dated October 9, 2002 is incorporated but not merged into this Decree. By t ATTEST: p J' ROTHONOTAR~ DINENE M. PERRIER : Plaintiff : GARY PERRIER : Defendant IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 02-6099 CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME Notice is hereby given that the Plaintiff in the above matter, having been granted a final Decree in Divorce on the 15th day of April, 2003, hereby intends to resume and hereafter use the previous name of DINENE MICHELLE QUICK, and gives this written notice avowing her intention in accordance with the provisions of the Act of December 16, 1982, P.L. 1309 No. 295, §702; 54 Pa.C.S.A. 704, as amended. ~D/~nenl e~_e;e ~r(~.~gL~j (~) ~k,~,,. . ,~.KNOWN AS: Dinene Michelle Quick STATE OF PENNSYLVANIA : On this, the, ~-~ ~tJ-/C~,day of~-/~p~;I 2004, before me, a notary public, personally appeared DINENE MICHELLE PERRIER, to be known as DINENE MICHELLE QUICK, known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. // , :227O23 Lemoy'ne ~:~'~ro Cumbede~O ~u~ My CommissJc~ EXpires Dec, 9, 2006 Mamber, Peflr~nia AsS~<3af~3~ Of Notalie~