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HomeMy WebLinkAbout01-4678 LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY 26 W. HIGH STREET 2109 MARKET STREET CARLISLE, PA 17013 CAMP HILL, PA'17011 PHONE (717} 243-6222 PHONE (717) 737-3405 CERTIFIED COPY: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA BEVERLY PUTNEY, FRED PUTNEY, Plaintiff Defendant IN THE~COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM CIVIL ACTION - LAW 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 counselling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Date: SAIDI S ,iHU~ LINDSAY Johnn%.~ ~?ope~y, Esqu_~L~e Suprem~/Cour~~ ID # 78014 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA BEVERLY PUTNEY, Vo FRED PUTNEY, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d/ OF THE DIVORCE CODE 1. Plaintiff is Beverly Putney, who 7073 Carlisle Pike, Lot 108, Carlisle, Pennsylvania. 2. Defendant is 7073 Carlisle Pike, Pennsylvania. 3. Plaintiff in the Commonwealth currently resides at Cumberland County, Fred Putney, who currently resides at Lot 108, Carlisle, Cumberland County, and Defendant have been bona fide residents for at least six months immediately previous 5. There have been no annulment between the parties. 6. The Plaintiff has been advised of the availability of counseling and the Plaintiff may have the right to that the Court require the parties to participate in marriage request prior actions of divorce or for to the filing of this Complaint. 4. The Plaintiff and Defendant 17, 1994, Wellsville, York County, Pennsylvania. were married on December SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA counseling. Having been so advised Plaintiff the Court to order counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff a decree in divorce. Date: ~ ~. 3~O/ By: does not desire requests Your Honorable Court to enter Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA AFFIDAVIT I, Beverly Putney, being duly depose and say: (1) I have been advised of the counselling and understand that I may require that my spouse and I participate (2) I understand that the court marriage counselors in the Prothonotary's available to me upon request. (3) Being so advised, sworn according to law, availability of marriage request that the court in counselling. maintains a list of Office, which list is I do not request that the court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the court. 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. Dated: _/~,~ 6, 3CO Beverly ~ney, Pl~if f SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VERIFICATION I true and correct. made subject to verify that the statements made in this Complaint are I understand that false statements herein are the penalties of 18 Pa. C.S. Section 4904, falsification authorit~ relating to unsworn ~0~) Dated: ~ ]61 Q~ . ~ ~e~rl~ P~ney, Plain~ff SAIDIS SHUFF, FLOWER & LINDSAY ATTORI~YS*ATsLAW 26 W. HIsh Street Carlisle, PA PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this c~ ~ ~' day of ~ ~ , 2001, between Fred Putney, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Husband, A N D Beverly Putney, of Mechanicsubrg, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.I: The parties hereto are husband and wife, having been joined in marriage on December 17, 1994 in Wellsville, York County, Pennsylvania and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 01-4678 Civil Term; 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, 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: SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA (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, and will execute and file the necessary documents to finalize the divorce after the expiration of ninety (90) days of the service of the Complaint and the moving party shall move for the entry of the divorce decree at that time. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 7073 Carlisle Pike, Lot 108, Carlisle, Cumberland County, Pennsylvania. Wife agrees within thirty (30) days of the date of shall convey the real estate with improvements thereon erected at 7073 Carlisle Pike, Lot 108, Carlisle, Cumberland County, Pennsylvania to Husband by special warranty deed. Said deed shall be held in escrow by Johnna J. Kopecky, SAIDIS SI-lUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Esquire until such time as the affidavits of consent have been executed and filed and the property refinanced as set out below. Husband shall pay for all household expenses including, but not limited to, mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, Husband hereby shall hold Wife harmless and indemnify Wife from any loss thereon. (4) DEBT: ), A. MARTIAL DEBT: Wife agrees to assume the credit card debt with PNC Visa ind Chase Visa. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on July 23, 2001, 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. Wife shall retain possession of the 1997 Pontiac Grand Am and will pay the lien to SAIDIS SHUFF, FLOWER & LINDSAY 26 W. Hish Street Carlisle, PA PNC. Husband shall retain possession of the 1995 Chevrolet Beretta, which is free and clear of lien. Within ninety (90) 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. (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 a~er 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, including the SEP plan in possession of the Husband. (8) ALIMONY: 4 SAIDIS SI-lUFF, FLOWER & LINDSAY 26 W. High Sffeet Carlisle, PA (A) WAIVER OFALIMONY: 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. (9) 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 Johnna J. Kopecky, Esquire, and Husband has been advised that he may be represented by counsel of choice. Each party acknowledges and accepts that this agreement is, under the cimumstances, 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. (10) 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 fome and effect to the provisions of this Agreement. (11) INCOME TAX: A: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Slreet Carlisle, PA is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (12) 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 dght to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' martial 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. (13) 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. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street (14) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has road and understand his and her rights and rosponsibilities under this Agroement and that they have executed this Agroement under no compulsion to do so but as a voluntary act. (15) FULL SETTLEMENT: Except as heroin otherwise provided, each party heroby roleases the other from any and all claims, or demands up to the date of execution heroof. 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, prosent and futuro 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 divome. (16) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agroement, Husband and Wife, for themselves, their heirs, roprosentatives and assigns, each heroby forover roleases, romises, discharges and quitclaims the other, and such other's heirs, roprosentatives, assigns and estate, from and with rospect 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, interost or claims in or to any property of the other, whether roal, personal or mixed and whether now owned or heroafter acquirod; SAIDIS SHUFF, FLOWER & LINDSAY ATrORb~*Yi*AT*IAW 26W. High Street Carlisle, PA (2) (3) and (4) C. All rights of courtesy and dower and all claims or dghts 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: to take against the other's will; under the laws of intestacy; to a family exemption or similar allowance; 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; 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 dghts, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (17) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any prevision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (18) 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. (19) BREACH: In the event that either party breaches any prevision 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 for damages for such breach or to seek such other and additional remedies as may be available to him or her. (20) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (21) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. SAIDIS SHUFF, FLOWER & LINDSAY ATFORA~oAT*LAW 26 w. Hfsh Street Carlisle, PA 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: 10 SAIDIS SHUFF, FLOWER & LINDSAY A~*AT*LAW 26 W. High Street Carlisle, PA BEVERLY PLrfNEY, FRED PUTNEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERI2~ND COUNTY, PENlqSYLVD2qIA NO. 01-4678 CIVIL TERM : CIVIL ACTION - LAW Defendant : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 6, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree of divorce without notice. 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 o~ 18 Pa. C.S. Section 4904 relating to unsworn falsificat:: to sureties. ' Beveri~tney f~ Plaint~ ~ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA BEVERLY PUTNEY, : Plaintiff : FRED PUTNEY, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4678 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 6, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree of divorce without notice. 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. Defendant SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA BEVERLY PUTNEY, Vo FRED PUTNEY, Plaintiff : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4678 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UI~DER § 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 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 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 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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.~ Section 4904 relating to unsworn falsificat~n, to authorities. Plaintif~ ~ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA BEVERLY PUTNEY, FRED PUTNEY, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4678 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S 3301(C} OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 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. 3 o 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 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Defendant SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High $~reet Carlisle, PA BEVERLY PUTNEY, FRED PUTNEY, Plaintiff Defendant Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4678 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE : 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. 2. Date and manner of service of the Complaint: Certified Mail, restricted delivery. Certified mail card attached hereto as Exhibit "A". 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By the Plaintiff: November 7, 2001 By Defendant: November 7, 2001 4. Related claims pending: No claims raised. 5. Date Plaintiff's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary: November 7, 2001 Date Defendant's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary: November 7, 2001 Date: Jo~z~ J.~cky, ~squ~re Att~rney ~or Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 u3 Postage r'"t (Endorsement Required) ~. rtl · Pflnt your neme ~u~d add~ss on the reveree · A~ach lhis carol to the back of the rnallplece, °r on lhe front If space permits. ri C.O.D. Ps ~=~ 3811, Ju~y t99g DomeStic Ret~m~ Receipt BEVERLY PUTNEY, Plaintiff VERSUS FRED PUTNEY, Defendant 1NTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~ PENNA. 01-4678 civil NO. DECREE IN DIVORCE Beverly Putney AND NOW, DECREED THAT AN D Fred Putney ARE DIVORCED FROM THE BONDS OF MATRIMONY, , z~t~OI , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, 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 Property Settlement Agreement between the parties is hereby incorporated but not merged. BY THE Court: /~