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HomeMy WebLinkAbout03-0833L~TE ANDERSON, Plaintiff v ROBERT ANDERSON, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 0~--~'ZJ:~ CIVIL TERM · 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, 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, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 LAURA KATE ANDERSON, Plaintiff ROBERT C. ANDERSON, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. O~- f~ CIVIL TERM · IN DIVORCE COMPLAINT UNDER SECTION 3301(C ) OR (D) OF THE DIVORCE CODE Plaintiff, Laura Kate Anderson, by her attorney, Lindsay D. Baird, Esquire, sets forth the following: 1 Plaintiff, Laura Kate Anderson, is an adult individual residing at 4911 Holston Drive, Knoxville, Tennessee, 37914. 2 Defendant, Robert C. Anderson, is an adult individual residing at 750 Dogwood Terrace, Boiling Springs, Pennsylvania 17007. 3 The parties were married on June 5, 1972, in Montgomery County, Maryland. 4 Defendant has lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action. 5 This action is not collusive. 6 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. 7 In accordance with Section 3301(c ) of the Divorce Code, the marriage between the parties is irretrievably broken. 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. WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. /Li~dsay [Z~ird, Es/quire Attorney for the Plaintiff 37 S. Hanover Street Carlisle, PA 17013 717 - 243-5732 I verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS §4904 relating to unsworn falsification to authorities. Laura Kate Anderson, Plaintiff PROPERTY SETTLEMENT AGREEI 4iE1N T THIS IS AN AGREEMENT made this {~/~day of September, 21)03, by and between Laura Kate Anderson, of Knoxville, Tennessee, (hereinafter referred to as ~Vife) and Robert C. Anderson of Boiling Springs, Pennsylvania (hereinafter referred to as Husband). WHEREAS, Husband and Wife were married on June 5, 1972, in Montgomery County, Maryland; and WHEREAS, various differences have arisen between Husband and Wife, whereby they have been living separate and apart since April 4, 1998; and WHEREAS, the parties have agreed to maintain separate and pe, rmanent domiciles' ' and to live apart from each other; and WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the property rights of the parties and to dispose of the rights and obiligations of each to the other in ' respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights and obligations under the Divorce Code of 1980, as amended, and it is the intention and agreement of the parties that this Agreement be a full, complete and final settlement of all of those rights and obligations under said Divorce Code; and NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bound by the provisions hereof, the parties agree that their recitals form a part of this Agreement and waive any right to counseling under the Divorce Code of 1980, tis amended, and right to counsel fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not provided for herein and agree as follows: 1. SEPARATION. The parties agree that it shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time-to-time, choose or deem fit. 2. REAL ESTATE. The residence at 750 Dogwood Terrace, Boiling Springs, Pennsylvania, is jointly owned. The residence presently has an outstanding mortgage. Husband shall be solely responsible for all mortgage payments, liabilities, taxes, assessments, insurance and the cost of maintenance on the residence. Husband shall indemnify and hold Wife harmless from any liability, claims, causes of action, suits, or litigation for money owed, damages, indirect or consequential, including legal fees, arising out of failure of Husband to so pay such liens and encumbrances. Husband shall not allow any further liens or encumbrances to attach to the property. Should the residence at 750 Dogwood Terrace be sold, Husband agrees that Wife's one-half interest will be paid to her. Should Husband predecease Wife, any significant other living in the home has a reasonable period of time in which to vacate the premises, but not to exceed 4 months. 3. AUTOMOBILES. Wife shall have as her sole and exclusive property, title to and possession of the 1997 Toyota Camry. Husband shall have as his sole and exclusive property, title to and possession of the Nissan truck and the motorcycle. Each party shall indemnify and hold the other harmless from and liability on any loan encumbering the vehicle, cost of repairs, maintenance, registration, insurance and/or inspection of the vehicle which each is taking as his/her sole and exclusive property. 4. PERSONAL PROPERTY. The parties have divided or have agreed to a division of their personal property which includes bank accounts, certificates of deposit, stocks, mutual funds, life insurance policies, jewelry, clothing, furniture, and other personal items. The parties agree that any marital property remaining in the home at the time of either party's demise becomes the property of the survivor. Any property acquired after divorce is the sole property of the individual having acquired it. 5. WILL. Husband agrees to retain Wife as beneficiary and! Executrix of his estate as stated in his Last Will and Testament dated '~' ~/' ~-~ until her death. Husband agrees that no revisions can be made to this bequest in the event he remarries or Wife remarries or predeceases him. A copy of the Last Will and Testament is attached and is incorporated into this Agreement. 6. PENSION/RETIREMENT PLANS. Husband agrees to sign the Revlon pension check over to Wife each month. Wife hereby releases any and all claims or demands she may have on Husband's 401 (k) plan. Husband hereby releases any and all claims or demands he may have on Wife's pension or retirement plans. 7. SETTLEMENT OF FINANCES. Husband agrees to pay Wife $15,000.00 each year no later than January 15 for five (5) years. 8. DEBTS. The parties represent and warrant to each other that neither has incurred any other debts nor made any other contracts for which the other or his/her estate may be liable, from date of separation forward. Neither party shall contract nor incur any debt or liability for which the other or his/her property or estate might be responsible and agrees to indemnify the other from any claims made against the other because of debts/obligations not incurred by the other. 9. LIFE INSURANCE. Husband agrees to retain Wife as the beneficiary of 80% of his life insurance policies. They are: Reassure America Life Insurance Company policy #W48170, 2 Modern Woodman of America Certificate #6213046, and two Computer Aid, Inc. life insurance policies provided by Husband's place of employment. 10. HEALTH INSURANCE. Husband agrees to pay Wife's COBRA premiums to remain with his insurance plan if Wife is unable to procure a reasonable health insurance plan through her employer for two years following the signing of this Agreement. 11. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT OF SPOUSE. The parties waive any and all right to receive from the other any payment of alimony, alimony pendente lite, and/or spousal support. 12. EFFECTIVE DATE. The effective date of this Agreement shall be the date of execution by the parties if they had each executed the Agreement on the same date. Otherwise, the execution date of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 13. DIVORCE. A divorce action was initiated and filed at docket number 2001-833 Civil Term in the Court of Common Pleas of Cumberland County on February 25, 2003. Both parties agree to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Sections 3301(c ) of the Divorce Code including waiver of all rights to request Court ordered counseling. 14. INCORPORATION INTO DECREE. Should a decree, 3iudgment or order of separation or divorce be obtained by either of the parties in this or any other state, country, or jurisdiction, each of the parties hereby consents and agrees that this Agreemerlt and all of its covenants and specifically Husband's Last Will and Testament dated ~'~ {/(~ shall not be affected in any way by any such separation or divorce or death of Wife; and that nothing in any such decree, judgment, order or further modification and revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall surwive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or its decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 15. COUNSEL FEES. Husband shall assume the full and sole responsibility for his and Wife's legal expenses for attorney fees and court costs in connection with the divorce action. 16. 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 or documents that may be reasonable required to give full force and effect to the provisions of this Agreement. 17. MODIFICATION OR WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the 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. 18. ENTIRE AGREEMENT. This Agreement and H ' usband s attached Last Will and Testament contain the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 19. SEPARATE PARAGRAPHS. It is specifically understood and agreed by and between the parties thereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 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 or seek such other remedies or relief as may be available to him or her and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing the rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 21. CONTROLLING LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 22. INVALIDITY OF PROVISIONS. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and, in all other respects, this Agreement shall be valid and continue in full force, effect and operation. 23. BINDING NATURE. Except as otherwise set forth herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Laura Kate Anderson Robert C./~nd~rson COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : On this ~ C)9~"~day of .~M~-~w~- ,2003, before me personally appeared Laura Kate Anderson to me known to be th~ person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : On this 4'rl*l day of~, 2003, before me personally appeared Robert C. Anderson to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. Notary Public 5 Not,stiff Seal Niven J. Baird, Nota~ Public Carlisle Boro Cuml~rland County My Commissic,, !~pires Nov. 2, 2006 LAURA KATE ANDERSON, Plaintiff V ROBERT C. ANDERSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-833 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 330'1(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on February 25, 2003. 2. Defendant acknowledged receipt and accepted service of the Complaint on or about February 26, 2003. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. 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. Date: Laura Kate ,Anderson, Plaintiff LAURA KATE ANDERSON, Plaintiff ROBERT C. ANDERSON, Defendant : IN THE COURT OF COMMON PLEAS OF' : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-833 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on February 25, 2003. 2. Defendant acknowledged receipt and accepted service of the Complaint on or about February 26, 2003. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. 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 authoritie,¢,~/,,~ Robed Anderson, D(~fendant LAURA KATE ANDERSON, Plaintiff ROBERT C. ANDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-833 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORI3 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, Return receipt, Restricted delivery: February 26, 2003. 3. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: 9/10/03; by Defendant: 9/10/03. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 9/22/03 Date Defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 9/22/03 ~'X~ndsay Dare-B/aird, Esquire Attorney for the Pla~intiff IN THE COURT OF COMMON PLEAS LAURA KATE ANDERSON, Plaintiff OF CUMBERLANDCOUNTY STATE Of PENNA. VERSUS ROBERT C. ANDERSON~ NO. 2003-833 DECREE iN AND NOW, DIVORCE , IT IS ORDERED AND DECREED THAT Laura Kate Anderson , PLAINTIFF, AND Robert C. Anderson , 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 property settlement agreement is incorporated but not merqed into the decree. ATTEST: PROTHONOTARY LAURA KATE ANDERSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ROBERT C. ANDERSON, Defendant v : NO. 03-833 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE I, Lindsay Dare Baird, Esquire, being duly sworn according to law do depose and state that a copy of the Complaint filed in the above-captioned matter along with a copy of a Notice to Plead and a Notice of Availability of Marriage Counseling was served on the Defendant, Robert C. Anderson, by Certified Mail - Return Receipt Requested, restricted delivery, a copy of said return receipt evidencing delivery being attached hereto. Said service on February 26, 2003. /~indsay D./B~rd, Esquire J ~ttorney fd~LPlaintiff 37 South Hanover Street Carlisle, PA 17013 717 - 243-5,732 Sworn and Subscribed to before me this 3rd day of September, 2003. Notary Public Notarial Seal N yen J. Baird, Nota~ Public Carlisle Boro, Cumberland County My Commission Expires Nov. 2, 2006 Member, Pennsylvania Associa~on ot Notaries · Complete items 1, 2, and 3. Alan complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if apace permits. 2. Ar[icle Number -- PS Form 3811, Mamh 2001 D. Is delivery addmes dlfl~ent from item 17 [] Yes ff YES, ente~ delivery address below: [] No 2510 0006 5891 6115 Domestic Return Receipt