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HomeMy WebLinkAbout01-1529 FX , ' J~ ,- 0, -.. r,o."I, 'A' - ~, :'; , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA MYRA M, THUMMA, Plaintiff vs, CIVIL ACTION-LAW NO. 2001- /5')9 CIVIL TERM TODD R THUMMA, Defendant 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 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 at the Cumberland County Court House, Carlisle, Pennsylvania, IF YOU DO NOT Fll-E A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT IO CLAIM ANY OF THEM. YOU SHOULD TAKE TillS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HAVE AN ATTORNEY 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 Telephone: (717) 249-3166 '" ~ . ,....~- . ,"" ,,:-,j.,"-._-"~> .', t,,;jLJ j IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA MYRA M, THUMMA Plaintiff CIVIL ACTION-LAW vs, NO, 2001-/5.29 CIVIL TERM TODD R. THUMMA Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE L Plaintiff is Myra M, Thumma, who currently resides at 313 Raymon Ave" Carlisle, Cumberland County, Pennsylvania, 2, Defendant is Todd R. Thumma., who also currently resides at 313 Raymon Ave" Carlisle, Cumberland County, Pennsylvania, 3, Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing ofthis complaint. 4, The Plaintiff and Defendant were married on October I, 1988, at Carlisle, Cumberland County, 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 in divorce. Date: March L 2001 ---z: ~1 ~ Steven 1. Fishman, ID#I6269 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 (717) 249-6333 .. , . . I ',"'. ~.1.- 4'';'-''.'';:',.<. . ,li: 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. Cons. Stat. Ann. ~4904, relating to unsworn falsification to authorities. ~-riN. PH1YMQ. Myra M. Thumma 2 i~~I!Il!i!>'~k~llil"i'i>\1iii1i'~iO!Il;[C--iK':';:i,iHi~1!iId~.T""~3'r,;;o&J'''~'kill'i1''";J'il"''?''''!~'~'1_!!oj;:;;;l.~~~",_II(l;iIliMllW~Ji<.,,~ffii;''_Ill-lti1ll\liil'''-'~l~ ~1.e - o._~" ..^ "g:il~-*'l"-~~"" ~ 0: . .. I . 0 0 CJ C ;;."'~ -"1 urn :E: nlfTo > Zj:.; :;0 iT; _::1 :ze- iT! ~<c; 0> y r:;f.; <<:-........i ~ ~() -0 .c. ' ~ ~;!25 --0 >c Om :z -; -> W ;> -< UJ ~ , .' ",-b'""~ .~.........""""~_,~C . < . .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MYRA M. THUMMA, .. .. Plaintiff .. CIVIL ACTION-LAW .. .. " NO. 2001- (5':29 VS. .. CIVIL TERM .. .. .. TODD R. THUMMA, .. IN DIVORCE .. Defendant .. .. ACCEPTANCE OF SERVICE AND NOW, this ~day of March, 2001, I Todd R Thumma, Defendant above, hereby accept service of the Complaint filed in the above case pursuant to Pa. RC.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. ~~~~~ TODD R THUMMA I ""_ < " ,,,-- ,~ , -- o' , '~- "- -~ , . ~~-'- ".I " ~ ~ MYRA M. THUMMA, Plaintiff IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Vs. TODD R. THUMMA, Defendant NO. 01-1529 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: acceptance of service signed by Defendant March 8, 2001, filed in the Office of the Prothonotary on March 16, 2001. 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff on June 15, 2001; and Defendant on June 15, 2001. 4, Related claims pending: . None 5, Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: June 15, 2001 Respectfully submitted, ~ ~ ~~------~ - Steven J, Fishman, Esquire . ~ '. " - ~';/; r MYRA M. THUMMA, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1529 CIVIL TERM TODD R. THUMMA, Defendant IN DIVORCE PLAINTIFF'S 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 March 16, 2001. 2. Defendant acknowledged receipt and accepted service of the Complaint on March 8, 2001, 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: ~h me IS,aOOI Jn~ Yrl~YY\~ YRA M. THUMMA . -, ~ I " "~ , -.. "' - ~' -,- ... 0,. .. I MYRA M. THUMMA, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1529 CIVIL TERM TODD R. THUMMA, Defendant IN DIVORCE DEFENDANT'S 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 March 16, 2001, 2, Defendant acknowledges receipt and accepts service of the Complaint on March 8, 2001, 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: \.. )ll.-ne.15,,::;;(YlI ~~ TODD R. THUMMA ......- ti:' -;"--'liiir~~'" -'-If -j,~t!l~~"""'-' ~~""~~W.mi~,!;$~,~!ililiii!lY.;,iw~_L''''''''"''"liHiJ''oiitt.iid;iii&Mlliiijll!lf'- ,II ... ,. ~~ .. lWil'.~d.,. (") C -olfi tOrr,' ,.c... -'1'" :;;;>~' 655:: ;:$ :z~ """C; ~ <:("') j;;0 ~ -< """ ','Co ~~-(' \ C:> () -1'1 ,<- '- -",. ~ -..,--c J--' ;~-q sg ~-:.-;C) " ,.--...: .-, ;~J<~' ;::::;' b' ::J::; '< Co CJ :':t is> '" 0;) ~ ~~ :"' " 1-'1.,>-! :. , I t 1 COpy MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this 8th day Of(('arc.h.-, 2001, by and between MYRA M. THUMMA, hereinafter called Wife, and TODD R. THUMMA, hereinafter called Husband, of Boiling Springs, Cumberland County, PAl WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 1, 1988 in Carlisle, Cumberland County, PAl and WHEREAS, differences have arisen between Husband and Wife in consequence of which they have determined to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations, including the settling of their property rights and other rights and obligations growing out of their marriage in accordance with the provisions of the Divorce Code of Pennsylvania. NOW, THEREFORE, the parties, intending to be legally bound hereby, agree as follows: 1. Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as admission on the part of either party of the lawfulness or unlawfulness of the causes leading to them living apart. Each party shall be free from interference, authority and control, direct or indirect, by ,the other as fully as if he or she were single and unmarried. Neither shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 1 " ". .' " < "~~~J, , , 2. Division of Property. A. Personal Property. The parties shall divide betwe~n them to their mutual satisfaction the personal effects, household furniture and furnishings, and other articles of personal property which have heretofore been used by them, individually or in common, and neither will make any claim to any such items which are now in possession or control of the other, except as otherwise set forth herein. B. Checking and Savings Accounts. 1. Wife hereby agrees to assign to Husband the joint checking and savings account at M&T Bank. All other individual checking and/or savings accounts shall be retained by the party named on such account, and each party waives any interest in such accounts as are held by the other party. 2. The U.S. Savings bonds currently owned by the parties shall be retained for the sole use and enjoyment of the parties' children as listed on said bonds. C. Credit Card Accounts and Other Debts. 1. There are presently no joint credit card accounts. Neither party shall hereafter in any way obligate the other on any credit card accounts. 2. Wife shall assume all obligations on the consolidation loan currently owed to M&T Bank, subject to the application of net sales proceeds of the joint residence as provided below. D. Vehicles. 1. Wife assigns to Husband any and all interest in the 1998 Ford F-250 Truck currently titled in joint names. Husband shall have wife released from any liability on the financing for said truck at Allfirst Bank. 2. Husband assigns any and all interest in the 1991 Toyota automobile currently titles in wife's name. 2 -i' ~ r E. Real Property. The parties shall act with due diligence to sell their jointly owned residence at 313 Raymon Ave., Boiling Springs, PA. Upon such sale any proceeds, after application of any 2000 tax refund as provided herein and payment of the existing mortgage to M~T Bank, shall be applied to the consolidation loan at M&T Bank. Any proceeds, after payment of said loan shall be divided equally between the parties. Until the sale and transfer of the said residence the parties shall each have the right to reside therein and agree to share equally in the mortgage payments and other expenses related thereto. F. Retirement Account Life Insurance and Other Benefits: Each party has disclosed the nature and amount of each party's retirement accounts, life insurance and other benefit entitlements, and does hereby agree that such accounts shall remain the sole property of the party in whose name the account exists, free and clear of any claim by the other party. Each party agrees that he or she will sign any documentation reasonably requested to acknowledge his or her relinquishment of any interest in such accounts. G. Child Custody and Child Care Expenses and Support. The parties shall have joint legal and physical custody of their children Joshua, born April 27, 1990 and Jamie, born July 2, 1983. Wife shall maintain medical insurance coverage for the children. Medical expenses in excess of insurance coverage shall be divided equally between the parties. Further, the parties shall be equally responsible for all child care expenses. H. Miscellaneous. 1. Taxes. The parties agree to file a joint return for the 2000 U.S. Income Tax filing. Any refund shall be applied to the consolidation loan to M&T Bank. Wife shall be entitled to claim the children as dependants on all future Federal Tax Returns. 2. Support/Alimony. Each party agrees that he or she has sufficient assets to provide for his or her care and neither party shall request or demand any alimony, alimony pendente lite and spousal support from the other. 3 ~ . ", '~';j. 3. Debts and Taxes. Except for the debts and obligations created hereunder, each party agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by him or her subsequent to the date of separation which shall be acknowledged as March 1, 2001. If any claim, action or proceeding is hereafter brought seeking to hold the ocher party liable on account of such debts or obligations, each party will at his or her sole expense defend the other party against any such claim, action or proceedings, whether or not well-founded, and indemnify the other party against any loss or liability resulting therefrom. The parties further agree that in the event any future tax liability shall arise resulting from joint returns made by the parties hereto, the individual responsible for such additional assessment or refund shall be sole liable therefor and/or entitled to a refund thereof, and each party shall indemnify the other for any such additional liability. 4. Equitable Property. This agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with regard to the rights of each party. The division of existing marital property is not intended by che parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting the matrimonial estate. Each party hereby acknowledges that this agreement adequately provides for his or her needs and is in his or her best interest, and that the agreement is not the result of any fraud or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the :c~lowing procedural rights: A. The right to obtain an inventory and appraisemene of all marital and separate property as defined by the Pennsylvania Divorce Code. B. The right to obtain an income and expense statemenc 0: ehe other party as provided by the Pennsylvania Divorce Code. 4 'Co ,,;. !'l~.jU!i'" C. The right to have the court determine which property is marital anc which in non-marital, and equitably distributable between the parties that property which the court determines to be marital. D. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this agreement, including but not limited to possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), and counsel fees, costs and expenses. 5. Mutual Release. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted, or suffered to be done by said other party prior to and including the date hereof; further, the parties hereto have been advised by their legal representatives, respectively, of all their rights under the Pennsylvania Divorce Code, and such rights as are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 6. Release of All Claims. Each party, except as otherwise provided for in this Agreement, releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind 5 , .' ; ".~ .'c ---.,,"'- that have been incurred, or may be incurred, relating to or arising from the marriage between the parties, including waiving any claim to their respective pensions or retirement accounts. However, neither party is relieved or discharged from any obligations under this Agreement or under any instrument or document executed pursuant to this Agreement. 7. 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 seek any other remedy allowed in law or equity. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. Waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any subsequent, similar breach or other breaches. 8. Full Disclosure. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the source and amount of the income of such party of every type whatsoever and all other facts relating to the subject matter of this Agreement. 9. Divorce. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to a true and absolute divorce on legal and truthful grounds as they now exist or may exist hereafter. 10. Representation of Parties by Counsel. Each party has had the opportunity to have legal counsel to represent each of them in the negotiation and preparacion of this Agreement and has either been so represented or has voluntarily chosen not to be represented. Each party has carefully read this Agreement and is completely aware, not only of its contents, but also of its legal effect. Steven J. Fishman has acted merely as scrivener, putting in writing the agreements reached by the parties. Neither 6 .LL - . .', party has requested, received or relied upon any assertions of the said scrivener that the provisions herein contained are the optimum results that either party may be entitled to under the laws of the Commonwealth of Pennsylvania. 11. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with the provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 12. Modification and Waiver. Modification or waiver of any provision 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 strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of a or similar nature. 13. Descriptive Headings. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 14. Successors and Assiqns. This Agreement, except as otherwise expressly provided herein, shall be binding upon and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assignees and successors in interest to the parties. 15. Governinq Law. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 16. Order of Court. With the approval of any court of competent jurisdiction in which any divorce proceeding may hereafter be instituted, this Agreement shall be incorporated in any decree of absolute divorce which may be passed by said court. In the event the court shall fail 7 - , ".~~&~ '-'... . or decline to incorporate th~s agreement Or any provisions thereof in said decree, then and in that event the parties, for themselves and their respective heirs, personal representatives and assigns, agree that they will neverth31ess abide by and carry out all of the provisions thereof. It is further agreed that regardless of whether said agreement or any part thereof is incorporated in any such decree, the same shall not be merged in said decree, but said agreement and all the terms thereof shall continue to be binding upon the parties and their respective heirs, personal representatives and assigns. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS: ~ ~~ ~" "'---..~-~ ~~l- ~ (SEAL) Myraq"" Th~ ~/' To d R. Thumma (SEAL) COMMONWEALTH OF PENNSYLVANIA 55. COUNTY OF CUMBERLAND AND NOW, this ~ day of mlA.rd" ,2001, before me, the undersigned officer, personally appeared Todd R. Thumma, known to me (or satisfactorily proven I to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, } ~ereunto set my h?nd and official seal. ~6f-~~'~ Not Public NOTAllIAL SEAl TRletA L llAIlEY. -'1' Public Soutftampton Twp., Cumberland Ca.. PA My C4mmislion &pi.... Aug. 12, 2002 8 . . . , 1'-' - .",--,. "~ ~, ~ 'r".- STATE OF PENNSYLVANIA SS. COUNTY OF CUMBERLlIND AND NOW, this ~ day of ~~ , 2001, before me, the undersigned officer, personally appeared Myra M. Thumma, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. m ."..., "'-'J= ~ -&:J:; oW",., ...L Notar Public HOTAIIIAI. SEAl. lRICIA L BAILEY. NoIory PublIc So"",amplen Twp.. Cumborlancl Co.. PI. My CommiRIon bpi... AuQ. 12, 2002 9 . " l_" 1..-- >. ~ >1..__;,;,.".-_;, ." .,' l}' ,-", " ' ,_, ~ _ ~_ ,'~ I, '. ... . . . ,., ':tiff. ;ti . . .. . .. . . .. :f. :Ii '" ff. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MYRA M. THUMMA No. 01-1529 CIVIL VERSUS TODD R. THUMMA DECREE IN DIVORCE AND NOW, 7~ I 1 j n:jiA.;I!' 2001 IT IS ORDERED AND , DECREED THAT MYRA M. THUMMA , PLAINTIFF, AND TODD R. THUMMA , 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; TERMS OF THE MARITAL SEITLEMENT AGREEMENT ,DATED MARCH 8, 2001 ARE INcx)RPORATED BUT Nor MERGED INro THIS DECREE. . . ff. ff.:f.ff.ff.ff.ff. :+iff. ff. ff. ff. :f.ff. "'''' ArrE"a ~ ~ PROTHONOTARY Of. ff. ff. 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