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HomeMy WebLinkAbout07-1327In the Court of Common Pleas of Cumberland County, Pennsylvania AVID M. WILTON, ) Plaintiff, ) 6 7 _? 3 7 VS. ) No. ENEE A. WILTON, ) CIVIL TERM Defendant. ) IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set rth in the following pages, you must take prompt action. You are warned that if you fail to do , the case may proceed without you and a decree of divorce or annulment may be entered ainst you by the Court. A judgment may also be entered against you for any other claim or lief requested in these papers by the Plaintiff. You may lose money or property or other rights Lportant to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you request marriage counseling. A list of marriage counselors is available in the Office of the ionotarv at: Office of the Prothonotary Cumberland County Courthouse Carlisle, Pennsylvania 17013 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. 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 AVID M. WILTON, ) Plaintiff, ) Vs. ) ) ENEE A. WILTON, ) Defendant. ) No. D 7' ) 3a7 C1 Jr 1 eu- CIVIL TERM IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in divorce proceeding filed in the 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 ing sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. ichael S. Travis torney at Law No. 77399 04 Trindle Road unp Hill, PA 17011 17) 731-9509 In the Court of Common Pleas of Cumberland County, Pennsylvania VID M. WILTON, ) Plaintiff, ) ? ' . ??w VS. ) No. 0?- 3 NEE A. WILTON, ) CIVIL TERM Defendant. ) IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE Plaintiff, by his attorney, Michael S. Travis, respectfully represents: 1. Plaintiff is David M. Wilton, who resides at 1481 Brandt Avenue, New berland, Cumberland County, Pennsylvania, 17070, since December, 2005. 2. Defendant is Renee A. Wilton, who resides at 1481 Brandt Avenue, New berland, Cumberland County, Pennsylvania, 17070, since December 2005. 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 December 16, 2000, in Cumberland Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in or any other jurisdiction. 6. The marriage 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 right to request that the court require the parties to participate in counseling. 9. Neither party is in the Military Service in the United States. 10. Plaintiff requests the court to enter a decree of divorce. VERIFICATION 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 unworn falsification to authorities. 07 Date: David M. Wilton, Plaintiff Attorney for Plaintiff I.D. # 77399 3904 Trindle Road Camp Hill, PA 17011 (717) 731-9502 Fax 731-9511 IS) tv F c- o n : . .t:` ,pan In the Court of Common Pleas of Cumberland County, Pennsylvania DAVID M. WILTON, ) Plaintiff, ) VS. ) No. 2007-1327 RENEE A. WILTON, ) CIVIL TERM Defendant. ) IN DIVORCE AFFIDAVIT OF SERVICE I, Michael S. Travis, attorney for Plaintiff, in the above captioned action for divorce, hereby state that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant on March 14, 2007, pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. §49Q_4-re*ing to unsworn falsification to authorities Michdel S. Travis 3904 Trindle Road Camp Hill, PA 17011 (717) 731-9502 C?. y, Voo 'tie ? Cvmbedlana{ ?R r = s MW Febr?Y 200 wVM *to PAW OWWOW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID M. WILTON, ) Plaintiff, ) VS. ) No. 2007-1327 RENEE A. WILTON, ) CIVIL TERM Defendant. ) IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT Counsel of record: Michael S. Travis, Esquire for Plaintiff for Defendant 1 MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this _,ZU day of t149A , 2007, by and between David M. Wilton, (hereinafter referred to as "Husband,") and Renee A. Wilton, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married December 16, 2000; and WHEREAS, there were no children born of this marriage; and 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. 2 2. ADVICE OF COUNSEL The parties have had an opportunity to review the provisions of this Agreement with their respective counsel. Husband is represented by Michael S. Travis, Esquire. Wife is represented by . 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, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. 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 unlawfulness 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, follow, stalk, nor in any way interfere with the peaceful existence, separate and apart from the other. 5. DIVISION OF PERSONAL PROPERTY Excepting the list of property attached as Exhibit A, the parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible marital property. Neither party shall make any claim to any other such items of marital property, or to the separate 3 personal property of either party, which are now in the possession and/or under the control of the other. Husband shall deliver to Wife the items listed on Exhibit A within thirty (30) days of the Execution Date of this Agreement. Financial Accounts. The parties have equally divided all joint checking, savings and other non-retirement accounts to their mutual satisfaction. The parties agree to retain their separate financial accounts. The parties agree to cooperate in transferring any title or document to accomplish the above distribution. Neither party will make further claim to any joint financial account following the distribution date of this Agreement. 6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE Recognizing that the parties have sufficient income and property for their support, neither party shall receive spousal support or APL. 7. ALIMONY Recognizing the parties have sufficient income and property for their support following the entry of a decree in divorce, both parties waive the right to receive alimony. 8. AUTOMOBILES The parties are the owners of two automobiles, a 2005 Chevrolet Cavalier driven by Husband, and a 2006 Honda Element driven by Wife. The Cavalier shall be property of Husband. The Honda Element shall be the property of Wife. Both vehicles are encumbered by purchase money loans. Husband shall pay the purchase money loan on the Cavalier, and Wife shall pay the loan on the Element. 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. 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. The costs of any title transfers or fees shall be borne equally by the parties. 4 9. DIVISION OF REAL PROPERTY The parties are owners of real property located at 1481 Brandt Avenue, New Cumberland, Cumberland County, Pennsylvania, containing a residential dwelling. The parties shall list the property for sale with a realtor agreeable to both parties. The sale price shall also be agreed upon by both parties. The sale proceeds shall be used to pay the mortgage balance. Following payment of the mortgage balance, any remaining proceeds shall be equally divided between the parties. Any deficiency shall be equally shared by the parties. The party or parties residing in the residence shall pay the utilities, taxes and expenses of ownership pending sale. If both parties continue to reside in the residence until sale, they shall share the expenses. 10. PENSION, RETIREMENT ACCOUNTS, INVESTMENT AND SAVINGS ACCOUNTS At the time of separation, the parties were titled to the following retirement accounts. Composition of accounts Husband: 401(k) retirement account held by Smith Barney Wachovia, amt: $20,000.00 approx. Wife: 401(k) retirement account held by Fidelity, amt.: $16,000.00. Each party shall retain the retirement/pension accounts. Neither party shall make further claim to a retirement or financial account of the other party. 11. MEDICAL INSURANCE Neither party is required to maintain medical insurance coverage for the benefit of the other party following the entry of a Decree in Divorce. 12. MARITAL DEBTS (a) During the course of the marriage, the parties incurred the following obligations jointly: 5 Real Estate mortgage: 1481 Brandt Avenue, New Cumberland, PA, amount: $102,000.00 All balances approximate. Payment of the debts is discussed under Paragraph 9, Real Estate. (b) Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist which provide for joint liability. From the date of execution of this Agreement, each party shall use only those cards and accounts for which that parry is individually liable. (c) Since separation, neither parry 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. (d) Both parties have student loans. Each party shall be responsible for payment of the individual loan(s). 13. FILING AND PAYMENT OF TAXES The parties agree to file separate income tax returns for the year a decree in divorce is entered. 14. 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. 15. 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. 16. INCORPORATION This agreement is to be incorporated for the purposes of enforcement, but not 17. 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. 18. COUNSEL FEES Except as otherwise provided for in this Agreement, each party shall be responsible for his or her own legal fees and expenses. 19. BREACH If either parry 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. 20. 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. 21. 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, widow's 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. 7 22. BINDING EFFECT This Agreement shall be binding upon the parties' heirs, successors and assigns. 23. 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. 24. 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. 25. 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. 26. 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. 27. APPLICABLE LAW Pennsylvania. This Agreement shall be construed under the laws of the Commonwealth of 8 IN WITNESS WHEREOF, the parties set their hands and seals the day and the year first written above. Wi ne s Witness s David M. Wilton, Husband nee A. Wilton, Wife 9 Commonwealth of Pennsylvania: County of t,d rnb t(R.ni ss: PERSONALLY APPEARED BEFORE ME, this ay of ()96yZh , 2007, a notary public, in and for the Commonwealth of Pennsylvania, David M. Wilton, 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 hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seat Hope A. Mattos, Notary Public Hampden Twp., Cumberland County My Commission Expires Oct. 11, Member, Pennsylvania Association of Notaries Commonwealth of Pennsylvania: County of C( r:1(i? vhn ss: 49-?'4 1 I Notary Public PERSONALLY APPEARED BEFORE ME, this P21 day of 1*1?k , 2007, a notary public, in and for the Commonwealth of Pennsylvania, Renee A. Wilton, 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 col4ined. Notary Public Comm NW TFI NYLVANWA NOTARIAL SEAL LISA A. RICE, Notary Public Lower AW T Cumberland County My commission Expires October 13, 2010 Exhibit A r.a is t?1 ' _ _{? ? i 1 "'v} ? _ i ».? ? R ? ; C iJ ?Ti ._... ti ? .{ In the Court of Common Pleas of Cumberland County, Pennsylvania DAVID M. WILTON, ) Plaintiff, ) VS. ) No. 2007-1327 RENEE A. WILTON, ) CIVIL TERM Defendant. ) IN DIVORCE AFFIDAVIT OF CONSENT A complaint in divorce under § 3301(c) of the Divorce Code was filed on March 9, 2007. 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 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. § 4904 relating to unworn falsification to authorities. DATED: -6A i o 7 David M. Wilton, Plaintiff '..1 i P t 0 In the Court of Common Pleas of Cumberland County, Pennsylvania DAVID M. WILTON, ) Plaintiff, ) VS. ) No. 2007-1327 RENEE A. WILTON, ) CIVIL TERM Defendant. ) IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 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 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 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 unsworn falsification to authorities. Date: avid M. Wilton, Plaintiff o r .. fi -, x C7 nwfflo In the Court of Common Pleas of Cumberland County, Pennsylvania DAVID M. WILTON, Plaintiff, ) VS. ) No. 2007-1327 RENEE A. WILTON, ) CIVIL TERM Defendant. ) IN DIVORCE AFFIDAVIT OF CONSENT A complaint in divorce under § 3301(c) of the Divorce Code was filed on March 9, 2007. 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 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. § 4904 relating to unworn falsification to authorities. DATED: „ f 7 E Le A. ilton, Defendant un y? Michael S. Travis ID No. 77399 3904 Trindle Road Camp Hill, PA 17011 (717) 731-9502 In the Court of Common Pleas of Cumberland County, Pennsylvania DAVID M. WILTON, VS. RENEE A. WILTON, To the Prothonotary: Plaintiff, ) Defendant. ) No. 2007-1327 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: Ground for divorce: irretrievable breakdown under § 3301(c)(1) of the Divorce Code. 2. Date and manner of service of the complaint : Complaint was mailed March 12, 2007, via United States Certified Mail, restricted delivery, return receipt requested to Defendant, which was received by Defendant on March 14, 2007. An Affidavit of Service was filed on March 29, 2007. 3. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff on June 21, 2007 ;by Defendant on June 29, 2007 4. Related claims pending: All economic claims were resolved by the Marriage Settlement Agreement filed on March 29, 2007. 5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: July 5, 2007 Date Defendant's Waiver of Notice in § 3301(c) Di a was filed with the prothonotary: July 5, 2007 Michael S. Travis Attorney for Plaintiff r r r` ?" ? CJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DAVID M. WILTON, i? Plaintiff VERSUS N 0. 2007-1327 REMM A. WILTON, Defendant. DECREE IN DIVORCE AND NOW, DECREED THAT David M. Wilton AND Renee A. Wilton ARE DIVORCED FROM THE BONDS OF MATRIMONY. , IT IS ORDERED AND , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORJN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; '^j/),(>K"R_ The Marital Settlement Agreement dated March 26, 2007 is incorporated but not merged into this Decree. BY THE COU ATTEST: J. AVAK PROTHONOTARY ItZ- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1Avv{ I- L 6`" Plaintiff • Vs : File No. 607 A IN DIVORCE r.-e.� A M Defendant rriuo 4:= fit-- CJ�i' cl C7 } NOTICE TO RESUME PRIOR SURNAME -t' r.,,0 , r3 =y Notice is hereby given that the Plaintiff/ defendant in the above matter, • 4., 7- ..._4' [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or X after the entry of a Final Decree in Divorce dated S u ty (o �OJ� hereby elects to resume the prior surname of Ckkv jc_ , and gives this written notice avowing his /her intention pursu o the provisions of 54 P.S. 704. Date: [2.I l31 !3 Signature / ignature of name b ' g resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OFC_ .a„, v On the /2444ay of^l , 203, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and'official seal. 2 ay./ Prothonotary orJN tar public dPProthonotary,Cumberland County,Carlisle,.PA 7 My Commission Expires the First Monday of Jan.2914