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HomeMy WebLinkAbout07-1535COLLEEN M. DUFFY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 67- 153S'c)vc ( -f<r- KEVIN J. DUFFY, 11, DIVORCE ACTION DEFENDANT 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 (717) 240- 6195, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS 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 32 S. Bedford Street Carlisle, PA 17103 (717) 240-6195 COLLEEN M. DUFFY, PLAINTIFF V. KEVIN J. DUFFY, II, DEFENDANT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. 001I ter. . DIVORCE ACTION COMPLAINT UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff, Colleen M. Duffy, is an adult individual who currently resides at 1105 Redwood Drive, Carlisle, PA 17013. 2. Defendant, Kevin J. Duffy, II, is an adult individual who currently resides at 1105 Rdwood Drive, Carlise, PA 17013. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of the Complaint. 4. The Plaintiff and Defendant were married on October 1, 1994, in Carlisle, PA. 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. WHEREFORE, Plaintiff, COLLEEN M. DUFFY, urges this Honorable Court to enter a Decree of Divorce. Respectfully s NEALON GOFER R Y BY 1 -,>") James G. Nealon, III, Esquire Attorney I.D. #46457 2411 North Front Street 3 ?'??? Harrisburg, PA 17110 (717) 232-9900 VERIFICATION I, COLLEEN M. DUFFY, verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Dated: 3 /?o?o 7 `4' o ? w V4 0 Ilk 7\1- W FL t zr COLLEEN M. DUFFY, PLAINTIFF V. KEVIN J. DUFFY, II, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1535 Civil Term DIVORCE ACTION ACCEPTANCE OF SERVICE I, Kevin J. Duffy, II, do hereby accept service of the Divorce Complaint filed on March 22, 2007, in the above-captioned matter. DATE: J - 2 'b ? ?A12??SLE ? ADDRESS: 11or ;0ebwzwr_) DR_ ,?-? !" ? =i"'i . ..r _ -r?, i"• ...». t..} _ _; l.? '"'7 ? ? (..,.? _ ?+ ? J, j ` ??-s •-•+, COLLEEN M. DUFFY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1535 VS. KEVIN J.. DUFFY, JR., : CIVIL ACTION - LAW Defendant MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this A day of 1,j-w,1 2007, by and between COLLEEN M. DUFFY (hereinafter called "Wife") and KEVIN J. DUFFY, JR. (hereinafter called "Husband"). WITNESSETH: WHEREAS, Husband and Wife were married on October 1, 1994; and WHEREAS, the Parties are the parents and natural guardians of two minor children, ALLISON NICOLE DUFFY, born October 31, 1996 and KEVIN J. DUFFY, III, born January 19, 2000; and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW THEREFORE, in consideration of the premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: 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 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 of the lawfulness or unlawfulness of the causes leading to their living apart. 2. 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 this Agreement. 3. WIFES DEBTS. Wife represents and warrants to Husband that as of the date of separation she has not incurred, and in the future she will not contract or incur, any debts or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans, and/or debts and charge accounts presently in Wife's name alone shall be Wife's sole and separate responsibility for payment thereof, and Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of the date of separation he has not incurred, and in the future he will not contract or incur, any debts or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Any and all loans, and/or debts and charge accounts presently in Husband's name alone shall be Husband's sole and separate responsibility for payment thereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 5. DIVISION OF PROPERTY. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. Husband's Property The following property shall become the sole and exclusive property of the Husband: All right, title and interest in the 1999 Ford F-150 truck. Husband shall be solely responsible for all repairs, maintenance, insurance and registration fees for the vehicle; and 2. All right, title and interest in any of Husband's pension, 401(k), IRA, retirement, checking, savings, or other accounts in his name; and B. Wife's Property The following property shall become the sole and exclusive property of Wife: 1. All right, title and interest in the 2005 Ford Explorer. Wife shall be solely responsible for all payments, repairs, maintenance, insurance and registration fees for the vehicle. 2. All right, title and interest in any of Wife's pension, 401(k), IRA, retirement, PSERS accounts, checking, savings, or other accounts in her name; and C. Marital Home 1. Husband and Wife currently reside in the property known as 1105 Redwood Drive, Carlisle, Pennsylvania. The property is currently deeded in the name of Wife only. 2. Husband hereby waives all right, title, claim or interest to the property. 3. The property is currently encumbered by two mortgages. Wife agrees to be solely responsible for both mortgages, insurance, taxes and repairs on the property. Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. D. Other property. The parties agree that they have divided all other separate and marital property to their mutual satisfaction. As of the date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from one to the other. Each party hereby waives any and all claims to the property of the other that is either titled in the name of the other party or in the other party's possession. E. Marital Debt. During the course of the marriage, the parties acquired various credit cards, loans or other debts. Pursuant to paragraphs 3 and 4 above, each party will be responsible for any credit cards, loans or other debts in his or her name. The parties have a joint marital debt issued by Equity One in the approximate amount of $3400.00. The parties agree to be equally responsible for the Equity One debt. Each party shall pay one-half of the monthly payment until the debt is paid in full. The parties agree to make no further charges or incur further debt on the Equity One account. 6. POST-SECONDARY EDUCATION SUPPORT. The parties agree that each shall contribute to the post-high school expenses incurred by their children that exceed funds received from grants, scholarships, children's earnings, education loans and funds available from Uniform Gift to Minors accounts or other accounts established for the children's post-high school education. Post-high school expenses are defined as tuition, books and room and board only. This obligation shall continue until each child reaches the age of 23, or graduates, whichever occurs first. The parties' obligation is conditioned upon each being actively consulted in the selection of an appropriate post-high school education for each child; taking into consideration the parents' then financial ability and economic circumstances, and the children's needs, desires, talents, and aptitudes for post-high school education. In no event shall either party be required to pay more than 50% of post-high school education costs for any child. 7. EFFECT OF SUBSEQUENT BANKRUPTCY. The Parties agree that none of the Parties obligations under the terms of this Agreement are intended to be a debt that is affected by a discharge in bankruptcy. They further specifically intend that the Parties obligations under the terms of this Agreement shall be non-dischargeable and not subject to discharge in bankruptcy because they acknowledge that, based upon the respective incomes, assets and needs of the Parties and their households, such are necessary for each to meet his/her financial obligations and to support and maintain his/her standard of living. The parties represents that there are no bankruptcy proceedings presently pending in which they are involved. The parties expressly agree not to file a bankruptcy action prior to the completion of his/her obligations pursuant to this Agreement. These obligations shall not be discharged in a bankruptcy action filed by or against either Party. 8. INCOME TAX. The parties have previously agreed to file joint federal and state tax returns. Both parties agree that in the event of any deficiency in federal, state or local income tax is proposed or any assessment of any such taxes 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 or 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 cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the foresaid joint return. It is specifically and mutually understood and agreed and recognized by an between the parties hereto that Wife shall claim the U.S. individual income tax exemption and any other federal, state or local income or other tax exemptions for Allison N. Duffy, and Father shall claim the U.S. individual income tax exemption and any other federal, state or local income or other tax exemptions for Kevin J. Duffy, Jr. Neither party shall interfere in any way or take any step or do any act that would interfere with the other from securing the benefit of such tax exemption. 9. ALIMONY/SPOUSAL SUPPORT. Both parties agree to make no claim for alimony, alimony pendente lite, spousal support or any claim for separate maintenance now or at any future time, or in connection with the pending divorce action between the parties. 10. CHILD SUPPORT. Father agrees to pay Mother the sum of Three hundred and fifty dollars ($350.00) per month for child support of the minor children. Father shall make the payments directly to Mother on the 1St day of each month. In the event that Father fails to make timely payments, Mother reserves the right to seek child support and enforcement through the Domestic Relations office. Mother shall continue to provide health insurance for the children. Unreimbursed medical bills shall be split equally between the parties. This agreement is subject to modification based upon a change in the financial condition of either party. 11. COUNSEL FEES. Husband and Wife agree to be solely responsible for payment of his or her attorney fees in connection with this Agreement and the pending divorce action between the parties. 12. FINANCIAL DISCLOSURE. The parties have disclosed to each other and they are aware of the extent of each other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or doe not make a reasonable provision for one or the other of them. 13. NO-FAULT DIVORCE. Both parties agree to execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree to facilitate entry of a divorce decree pursuant to Section 3301(c) of the Divorce Code at the expiration of ninety (90) days from the date of service of the divorce Complaint instituted by Wife docketed to No. 07-1535, Court of Common Pleas of Cumberland County, Pennsylvania. 14. BREACH. If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively. 15. 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, including Deeds and other real estate-related documents, titles, pension documents, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 16. VOLUNTARY EXECUTION. The provisions of this Agreement have been read by the Parties. Each party acknowledges that the Agreement is fair and equitable, that full disclosure has been made by each respective part to the other, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with all information relating to the financial affairs of the other, which has been requested by them respectively. Both parties acknowledge that they have had the advice and benefit of counsel in executing this Agreement. 17. WAIVER OF CLAIMS AGAINST ESTATE. 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 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 martial relationship, including, without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take property against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 18. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other Order, which may be entered in accordance with this Agreement. In the event that a Decree of Divorce is entered in the Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Decree of Divorce is entered in any other jurisdiction, the parties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other provisions hereof. In the event that any final order of court is entered in any jurisdiction with respect to the parties hereto which is contrary to the provision hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertaking other than those expressly set forth herein. 20. MODIFICATIONS AND 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 strict performance of any of the provisions of this Agreement, shall not be construed as a waiver or any subsequent default of the same or similar nature. 21. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligation of the parties. 22. IRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property division-distribution effected by the herein Agreement is IRREVOCABLE and that such division- distribution shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. IN WITNESS HEREOF, the parties have hereunto set their hands and seals the day and year firsts ove writj*n. Witness COLLEEN m.buPW-/// ?? ? ? ? 1 ?? `? tom.! •.. - ? , _t? ° { 4 ? ? ? (-j ?,, _ ?_Y ? -Y? ? C.t1 COLLEEN M. DUFFY, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1535 Civil Term KEVIN J. DUFFY, II, : DIVORCE ACTION DEFENDANT AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on March 22, 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. 1 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. DATE: d&Kt , -?- 0 COLLEEN M. F L? ? 0 C. r r Fil co _, COLLEEN M. DUFFY, PLAINTIFF v. KEVIN J. DUFFY, II, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1535 Civil Term : DIVORCE ACTION WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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: 7/ rz COLLEEN M. ' C.` -- ? c.{ , ,, ?, , N ? 1- , ? _._, , ., ?_r?? {'; ? ? J COLLEEN M. DUFFY, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1535 Civil Term KEVIN J. DUFFY, II, : DIVORCE ACTION DEFENDANT AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on March 22, 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. 1 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. DATE: `9' ;?-0-0 ?:e ? ?? ?."'t?1 ?1v {? t ??? _'y"f ? ' '"' :-G t COLLEEN M. DUFFY, PLAINTIFF V. KEVIN J. DUFFY, II, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1535 Civil Term DIVORCE ACTION WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER -4 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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: ?' 9-0 ?d 5.:-- l ., L, .! s (j-t 1 COLLEEN M. DUFFY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND CO., PENNSYLVANIA NO. 07-1536 VS. KEVIN J. DUFFY, JR., : CIVIL ACTION - LAW Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: By Acceptance of Service upon the Defendant on April 2, 2007. See Acceptance of Service filed with the Court on April 13, 2007. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: July 3, 2007; by Defendant: July 20, 2007. 4. Related claims pending: All claims resolved by Marital Settlement Agreement executed by the parties on June 18, 2007. 5. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: July 12, 2007. Date defendant's Waiver of Notice was filed with the Prothonotary: July 26, 2007. Respectfully subm NEALON, By: I - James G. Nealon, III, Esquire Attorney for the Plaintiff Attorney I.D. #46457 101 South Duke Street York, PA 17403 (717) 852-7888 C`3 cam. a- p ?: ? ._,, ?:, ? ,; i )- ? ?/? ? --" W ? ?. ? ? .. ?.., F 'e ._ pg / ? ? ' rt W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. COLLEEN M. DUFFY VERSUS NO. 07-1535 DECREE IN DIVORCE 2007 AND NOW, IT IS ORDERED AND DECREED THAT Colleen M. Duffy , PLAINTIFF, AND Kevin J. Duffy, II DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECD DIN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; It is further ordered and decreed, pursuant to Pennsylvania Divorce Code, Section 23 Pa. C.S.A. 3101 et. Sea. And Pa.R.C.P. 1920.1 et. Sea., that the terms and conditions of a certain Agreement made between the parties dated June 18, 2007, attached hereto and made a part hereof, and in accordance with said Agreement, shall be incorporated into the Decree of Divorce BY THE ATTEST: J. PROTHONOTARY &0- Z- 1