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HomeMy WebLinkAbout03-0921NOTICE 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 in the Office of the Prothonotary, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAVVYER'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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 VERONICA C. MCKEAN, SHAWN A. MCKEAN, Plaintiff Defendant · PENNSYLVANIA IN THE COURT OF COMMON PLEAS : No. C33- c?;2/ CUMBERLAND COUNTY, · Civil action - LAW : : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Veronica C. McKean, who currently resides at 823 Ridgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania, since August 21, 2002. The Plaintiff is a citizen of the United States of American, and has been issued Social Security Number 196-48- 3928. 2. Defendant is Shawn A. York, York County, Pennsylvania. McKean, who currently resides at 4130 Wilshire Dr., The Defendant is a citizen of the United States of America, and has been issued Social Security Number 182-64-3792. 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 September 7, 1998 at 6940 Carlisle Pike, New Kingston, 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. I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, miming to unswom falsification to authorities. Plaintiff Date: VERONICA C. MCKEAN, SHAWN A. MCKEAN, Plaintiff Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil action - LAW IN DIVORCE Certificate of Service I, Veronica C. McKean, hereby certify that on March 4, 2003, a true and correct copy of the Complaint Under Section 330 l(c) or 3301(d) of the Divorce Code which was filed on March 3, 2003 in the instant case, was served upon the following individual via first class and certified mail: Shawn A. McKean 4130 Wilshire Drive York, Pennsylvania 17402 Veronica McKean' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Veronica C. McKean Plaintiff : Vs : File No. : Defendant : 03-921 IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one 6y marking "x"] x prigr to .the entry of a Final Decree in Divorce, or ~ after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of B±eqen , and gives this written notice avowing his/iher intention pursuit to the. provisions of$41P.S, j704. Date: 9/26~03 Signature Signature of name bein~sm~,~t COMNIONWEALTH OF PENNSYLVANIA ) COUNTYOF tDmhorlmnd ) On the 22/~'~'- day of -~(~-ke~ ~o e f- ,200 ~.~_, 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. Notary Public ' (3 I~I~TARIAL SEAL Elaine M. Regi, Notary Public North Middleton Twp., County of Cumberland MY C°mmi~i°n Expires N_~V' 0, 2004 VERONICA C. MCKEAN, SHAWN A. MCKEAN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-921 Civil action - LAW IN DIVORCE VISITATION, CUSTODY AND PROPERTY SETTLEMENT STIPULATED AGREEMENT THIS AGREEMENT, made thist~OiO-'i.~day ofq. _L I.~,gjt~tlb~ 2003, by and between VERONICA C. MCKEAN, (hereinafter referred to as "Wife") and SHAWN A. MCKEAN, (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, the parties hereto are Husband and Wife having been married on September 7, 1998 at 6940 Carlisle Pike, New Kingston, Cumberland County, Pennsylvania; and WHEREAS, there are two children bom to the marriage, Connor W. McKean, date of birth October 24, 2001 and Riley C. McKean, date of birth October 2, 2001; and WHEREAS, certain differences, disputes and difficulties have arisen between the parties as a result of which they live and intend to live separate and apart until such time as a final divorce decree has been entered in this action, and wish to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of their real and personal property; the settling of all matters relating to the past, present and future support, alimony and~or maintenance of Wife by Husband or of Husband by Wife; the custody and care of the minor children; and, in general, the settling of any and ail claims and possible claims by one against the other or against their respective estates. NOW TItEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, each intending to be legally bound and to legally bind their heirs, successors and assigns hereby covenant, promise and agree as follows: 1. DEBTS HUSBAND and WWE ackmowledge that there are certain debts which were jointly incurred during the course of the marriage, to wit: (a) Pennsylvania State Employees Credit Union - VISA Account No. 196483928-9 (b) Pennsylvania State Employees Credit Union - Automobile Loan Account No. 196483928-4 (c) Pentagon Federal Credit Union - Consolidation Loan Account No. 24600363-72-5 (d) Bank of the West ~ Automobile loan Account No. 378-428965 (e) Putnam Investments Loan against the 401(k) savings account of Shawn A. McKean HUSBAND and WIFE agree that WIFE shall assume sole responsibility for the Pennsylvania State Employees Credit Union VISA, account no. 196483928-9, and the Pentagon Federal Credit Union Consolidation Loan, account No. 24600363-72-5, and shall save and hold harmless HUSBAND from these obligations and liabilities and shall indemnify HUSBAND for any costs which he may incur in connection therewith, including reasonable attorneys fees. HUSBAND and WIFE further agree that HUSBAND shall assume sole responsibility for the Pennsylvania State Employees Credit Union automobile loan, account no. 196483928-10, the Putnam Investment 401k loan and the Bank of the West automobile loan, account no. 378- 428965, and shall hold harmless WIFE for any costs she may incur in connection therewith, including reasonable attorneys fees. Each of the parties hereby warrants and represents to the other that there are no other outstanding obligations or liabilities contracted by him or her, other than that which is set forth hereinabove, for which the other is responsible, and each does hereby agree to hold the other harmless from any such obligation or liability and to indemnify the other for any costs which he or she may incur in connection therewith, including reasonable attorneys fees. Each of the parties hereby warrants and represents to the other that upon final division of the martial debt the responsible party shall have one hundred and eighty days (180) to transfer that debt solely into the name of the party deemed responsible herein. 2. D1VISION OF PERSONAL PROPERTY All personal property shall be divided as previously agreed between the parties. Physical possession of personal property shall not be deemed by either plaintiff or defendant to equate to ownership unless that was the understanding of both parties previously. 3. DISPOSITION OF MISCELLANEOUS FINANCIAL ASSETS HUSBAND hereby forever waives and relinquishes to W1]TE any right, title or interest he may have in and to WIFE's individual Retirement Account, retirement plans, profit-sharing, stocks, bonds, Certificates of Deposit, bank accounts and any other such assets which are in WIFE's name only. WIFE hereby forever waives and relinquishes to HUSBAND any right, title or interest she may have in and to HUSBAND's individual Retirement Account, retirement plans, profit-sharing, stocks, bonds, Certificates of Deposit, bank accounts and any other such assets which are in HUSBAND's name only. 4. CHILD SUPPORT The parties hereby agree that child support, in the amount of $300 per month, shall be paid by the defendant to the plaintiff for each month that the plaintiff has primary physical custody of the minor children. This support will begin within thirty (30) days of the entry of a final decree in the divorce action undertaken by the parties. The parties hereby also agree that the medical and dental insurance currently maintained under the defendant's coverages for the plaintiff shall be terminated upon entry of the decree. However, the medical and dental insurance coverages for the minor children shall be maintained. 5. CUSTODY Plaintiff, Veronica C. McKean and Defendant, Shawn A. McKean, the natural parents of the minor children, shall have joint legal custody of the parties' minor children with the plaintiff, the natural mother of the minor children, having primary physical custody of the children and the defendant, the natural father of the minor children, having partial physical custody of the minor children for the purposes of effecting reasonable rights of visitation. FATHER'S RIGHTS OF PARTIAL CUSTODY: FATHER shall be entitled to reasonable rights of visitation and partial custody of the minor children at such times as are reasonable and convenient to the parties. If the parties are unable to agree, FATHER shall have the following rights of visitation and partial custody. (a) Every other legal holiday between the hours of 8 a.m., prevailing time, and 8 p.m. prevailing time, such holidays to include New Year's Day; Easter; Memorial Day; Independence Day; Labor Day; Columbus Day; and Thanksgiving Day; (b) Every other Christmas beginning on Christmas Eve at 5:30 p.m. until Christmas Day at 8 p.m. with Christmas, 2003 to be spent with defendant; (c) Mother's Day with MOTHER; (d) Father's Day with FATHER; (e) The birthday of the minor children shall be alternated between the parties; (f) The term "holiday" means the day itself and overrides any scheduled weekend visitations for the day on which the holiday is celebrated; (g) Any other times as the parties may from time to time mutually agree. 6. OTHER CUSTODY RIGHTS In addition to any provisions which may be contained here in regarding custody rights set forth hereinabove, each party shall have the following rights with respect to the minor children: (a) Reasonable telephone calling privileges to 7:30 p.m.; (b) Access to all school records and other relevant information concerning the progress of the minor children in school; (c) Each of the parties agree to provide the other with their address and telephone numbers, and to advise each other of any change thereof within ten (10) days. (d) Each of the parties agree that in the event that they intend to permanently relocate themselves from the jurisdiction of the Commonwealth of Pennsylvania, each shall give the other at least ninety (90) days written notice of their intent. (e) Plaintiff and defendant acknowledge that it is in the best interests of the children that each parent keep the other informed with regard to the minor child's progress, academically, and of any change in his/her health or any medical crisis. Plaintiff and Defendant agree to consult with each other and to each have an equal input with regard to any major decisions which will impact upon the child's academic progress and/or physical or mental health. Plaintiff and defendant also acknowledge that it is in the best interests of the children that he/she have the benefit of each parent's parental guidance and each agrees to refrain from allowing the children to be exposed to the personal animosities that may exist between each other. (f) Plaintiff and defendant agree that the execution of the Stipulation shall not be construed as having any bearing whatsoever as to the relative fitness of each party to be the custodial parent of their children. 7. BREACH OF THE AGREEMENT In the event that either party breaches any provision of this Stipulation, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees, court costs and expenses incurred by the other party in enforcing this Stipulation. IN WITNESS WHEREOF, the parties hereto have placed their hands and seals to this Stipulation this (~t~ay of c~)~003. WITNESS: VERONICA C. MCKEAN, SHAWN A. MCKEAN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-921 Civil action - LAW 1N DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under § 3301(c) of the Divorce Code was filed on March 1, 2003. 2, The marriage ofplaintiffand 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 ora 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. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: September 25, 2003 (Plaintiff) [ VERONICA C. MCKEAN, SHAWN A. MCKEAN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CLrMBERLAND COUNTY, PENNSYLVANIA No, 03-921 Civil action - LAW IN DiVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under § 3301(c) of the Divorce Code was filed on March 1, 2003. 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 unsworn falsification to authorities, VERONICA C. MCKEAN, SHAWN A. MCKEAN, Plaintiff Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-921 Civil action - LAW IN DIVORCE WA1VER OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. I consent to 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 ifI do not claim them before a divome 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 Mil be sent to me immediately after it is filed with the Prothonotary. 1 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. Dale: September 25, 2003 VERONICA C. MCKEAN, SHAWN A. MCKEAN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-921 Civil action - LAW IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. I consent to 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. 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 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. VERONICA C. MCKEAN, SHAWN A. MCKEAN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-921 Civil action - LAW 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) of the Divorce Code by plaintiff. Date and manner of service of the Complaint: Service was effected March 3, 2003 by regular and certified mail (return receipt requested) as well as by personal service upon the defendant March 6, 2003. Date of execution of the affidavit required by §3301(c) of the Divorce Code by plaintiff: September 25, 2003. Date of execution of the affidavit required by §3301(c) of the Divorce Code by the defendant: Sel~tember 25, 2003. Related claims pending: All economic, equitable distribution and custody claims were addressed and have been settled by the parties execution of a Visitation, Custody and Property Settlement Am'eement on September 25, 2003 a copy of which is attached hereto and incorporated by reference but NOT MERGED with the divorce decree. Date plaintiff's Waiver of Notice was filed with the prothonotary: September 29, 2003 Date defendant's Waiver of Notice was filed with the prothonotary: September 29, 2003 A copy of the Visitation, Custody and Property Settlement Stipulated Agreement is attached and should be included by reference Date: Sevtember 29, 2003 IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Veronica C. McKean VERSUS Shawn A. McKean N O. 03-921 Defendant AND NOW, DECREE IN DIVORCE 2003 , it IS ORDERED AND DECREED THAT Vc'?'~n,~;:~ C. M~'Kean AND S~ A. McKe&"'} , PLAINTIFF, , 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; BY THE ATTEST: ~t//~~ROTHON OTARY