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HomeMy WebLinkAbout03-2291JANICE E. BIRCH, PLAINTIFF RAYMOND BIRCH, III, DEFENDANT IN THE COURT OF C(~ION PLEAS CU~ItL~%I~D COUNTY, PENNSYLVANIA NO. 2003 -2~,~/ CIVI'r. '['~t:~ 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 ,.TANICE E. BIRCH, PLaiNTIFF RAYMOND BIRCH, III, DEFENDANT IN THE COURT OF CC~)N P?.~-~S ~ COUNTY, PENNSYLVANIA NO. 2003 - 2J~l CIVIL TEI~M IN DIVORCE C0~PLAINTUNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE Coover Street, Rear #10, Mechanicsburg, Pennsylvania 17055. 2. The Defendant is Raymond Birch, Hillside Road, New Cumberland, Cumberland County, 17070. 3. of the The Plaintiff is Janice E. Birch who resides at 225 W. Cumberland County, III who resides at 415 Pennsylvania The Plaintiff and Defendant have been bonafide residents Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 23, 1994 in Steelton, Dauphin County Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. NOTICE OF AVAILABILITY OF ~.~ TO THE WITHIN~NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(c) 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. Ail necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this day of V~ ~ , 2003, by and between Raymond Birch, !II, (hereinafter ~eferred to as "Husband") and Janice E. Birch, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on December 23, 1994; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, one child was born of this marriage, Raymond Birch, IV, born March 16, 1999; 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. 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. 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 maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other nor 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, nor in any way interfere with the peaceful existence, separate and apart from the other, and each party hereto completely understand and agree that neither shall do nor say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 3. DIVISION OF PERSON~-L PROPERTY The parties have agreed to divide between them and already have divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. 4. AUTOMOBILES The Wife is the owner of a 1998 Ford Escort. Wife shall be responsible for all insurance, maintenance and repairs related to her car. Wife shall be responsible for all costs, insurance, fees, liens and other expenses related to her vehicle. Wife shall indemnify and hold Husband harmless for all liability and expenses related to her vehicle. Husband is the owner of a 1993 Ford Ranger. Husband shall be responsible for all costs, insurance, fees, liens and other expenses related to his vehicle. Husband shall indemnify and hold Wife harmless for all liability and expenses related to his vehicle. 5. DIVISION OF REA/~ PROPERTY The real estate owned by the parties as tenants by the entireties situated at 415 Hillside Road, New Cumberland, Cunfoerland County, Pennsylvania shall be conveyed in fee simple to Husband. Husband shall assume full responsibility for all maintenance, taxes and the payment of the existing mortgages and notes. Husband shall indemnify and save Wife harmless from any liability on the accompanying mortgages, notes or other expenses related the former marital home. Husband agrees that he shall pay Wife, upon refiance of the marital home, but in no event more than 90 days, $3,500.00 as her share of the equity in the marital home. Within 10 days Husband shall apply to refinance the current mortgage on the marital home. If Husband is unsuccessful in refinancing the mortgage, he shall make a good faith effort, at least annually, to refinance the mortgage on the former marital home so as to remove Wife's name from the mortgage and note. 6. PENSION/RETiREMENT Husband and Wife shall maintain their separate pension and/or retirement accounts, if any. Husband relinquishes any and all rights he may have in Wife's pension or retirement accounts and Wife relinquishes any and all rights she may have in Husband's pension or retirement accounts. 7. MARITAL DEBTS Husband and Wife accumulated joint marital debt during their marriage. Wife shall be responsible for all marital debts solely in her name and Husband shall be responsible for all marital debts solely in his name and the debts related to the former marital home. 8. CUSTODY Wife shall have legal custody and primary physical custody of their child subject to Husband's periods of partial custody as the parties agree. This means that Wife shall make all the major decisions regarding the child. Wife shall notify Husband of her decisions, but is not required to seek his consent or approval. 9. CHILD SUPPORT Husband shall pay Wife $200.00 each month for child support. Payment must be received by the l0th of each and every month. If Husband is late in his support payment Wife shall have the right to seek a Support Order and wage attachment. Wife shall provide medical and dental insurance coverage for the child. The parties shall equally share the out-of-pocket and unreimbursed medical and dental expenses for their child. The support amount or medical coverage may be modified with a material change in circumstances, as agreed by the parties. If the parties are unable to agree, either party may seek modification by the Domestic Relations Office (DR0) or court of competent jurisdiction. 10. FILING OF IRS RETURN Husband and Wife agree to file separate tax returns for tax year 2003 and in all subsequent years. 11. SUPPORT/ALiMONY/ALIMONY PENDENTE LITE The parties hereby waive, release, discharge and give up any rights either may have against the other to receive spousal support, alimony pendente lite or alimony. 12. DIVORCE Wife intends to file a complaint in divorce in the Cumberland County Court of Common Pleas. The parties agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties shall execute and allow to be filed the documents necessary to obtain an uncontested no-fault divorce. The terms and conditions of this agreement shall be binding on the parties in any divorce action. Each party shall be responsible for their respective attorney fees and costs. 13. INCORPORATION INTO DIVORCE DECREE This agreement is to be incorporated into any subsequent Decree in Divorce. 14. CONTINUED COOPERATION The parties agree that they will within fifteen days after the execution of this agreement execute any and all written instruments assignments, releases, titles, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this agreement. 15. BREACH If either party breaches any prowLsion of this agreement, the other party shall have the right, at bis 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. 1 6. 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. Each party has had the opportunity to review this agreement and consult with an attorney of their choice. 17. 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, curtesy, statutory allowance, widows 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. 18. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 19. 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. 20. 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 affect. 21. 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. 22. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 23. APPLIC2%BLE I2%W This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, WitneSs ~ ~"'~ Witne~ ~ Date Date the parties set their hands and seals ~m~nd Bir~h,-I Ii - Commonwealth of Pennsylvania County of ss PERSONALLY APPEARED BEFORE ME, this /5-day of this ~F~ , 2003, a notary public, in and for the Commonwealth of Penns~vania, Raymond Birch, III, 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. Notar~Public NOTARIAL SEAL 6EORGIANN BARR, NOTARY PUBLIC CAMP HILL NORO.. CUMBERLAND COUNTY MY (~OMM1SSICN EXPIRES MARCH 3. 2007 Commonwealth of Pennsylvania: County of ~-~ ~,- ~ : ss PERSONALLY APPEARED BEFORE ME, this /~day of this ~ , 2003, a notary public, in and for the Commonwealth of Pennsylvania, Janice E. Birch, 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 contained. Notary P~rblic NOTARIAL SEAL G£ORGIANN BARR, NOTARY PUBLIC CAMP HILL BORO,, CUMBERLAND COUN1Y MY COMMISSION EXPIRES MARCH 3, 2007 JANICE E. BIRCH, PLAINTIFF V. RAYMOND BIRCH, III, DEFENDANT IN THE COURT OF COb~4ON P?~S CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - 2291 CIVIL TEBM IN DIVORCE AFFIDAVIT OF CONSENT' 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 13, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the service of notice acknowledge that requirement that the decree. filing and service of the Complaint. 3. I consent to the entry of a Final of intention to request pursuant to Rule I receive notice of Decree of Divorce after entry of the decree. I 1920.42(e) I have waived the intention to request entry of 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. falsification to authorities. DATED: Section 4904 relating to unsworn ~- E. BIRCH JANICE E. BIRCH, PLAINTIFF RAYMOND BIRCH, III, DEFENDANT IN THE 'COURT OF CO~ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - 2291 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVIC~ I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by depositing the same in the United States mail on May 13, 2003 pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the signed Acceptance of Service attached hereto, the Complaint was received by the Defendant on May 22, 2003. Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA (717) 731-1461 17011 JANICE E. BIRCH, PLAINTIFF RAYMOND BIRCH, III, DEFENDANT IN THE COURT OF CO~4ON PLEAS CIAqB~ COUNTY, PENNSYLV~NIA NO. 2003 - 2291 CIVIL TEP~ IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On May 22, 2003 by Acceptance of Service. 3. Date of execution of the affidavit of consent Section 3301(c) of the Divorce Code: By Plaintiff, 2003; By Defendant, September 1, 4. Related claims pending: 5. Date Plaintiff's Waiver irretrievable breakdown under Section required by September 1, 2003. None of Notice in ~ 3301(c) divorce was filed with the Prothonotary on September 12, 2003. Date Defendant's Waiver of Notice in § 3301(c) was filed with the Prothonotary on September 12, 2003. Thomas D. Gould, Esquire Attorney For Plaintiff divorce IN THE COURT OF COMMON PLEAS JANICE E. BIRCH, Plaintiff VERSUS RAYMOND BIRCH, III Defendant OF CUMBERLAND COUNTY STATE Of .~ PENNA. NO. 2003-2291 CIVIL DECREE iN DIVORCE AND NOW, __<~/~ /~', 2003 dECReeD that JANICE E. BIRCH AND RAYMOND BIRCH, III , IT iS ORDERED AND , 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; THE MARRIAGE SETTLEMENT AGREEMENT DATED MAY 15, 2003 IS HEREBY INCORPORATED INTO THIS DECREE IN DIVORCE. BY THE COURT: /f ATTEET: ~ , J. ~-~J PROTHONOTARY