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HomeMy WebLinkAbout07-1769ROBERT J. MCCURDY, Plaintiff V. LINDA K. MCCURDY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 ?117L P CIVIL 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. 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 ROBERT J. MCCURDY, Plaintiff V. LINDA K. McCURDY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. L 6 IN DIVORCE COMPLAINT AND NOW comes plaintiff, Robert J. McCurdy, by his attorney, Kent H. Patterson, and files this complaint in divorce, based upon the following: 1. Plaintiff, Robert J. McCurdy, is an adult individual residing at 535 North Second Street, Borough of Wormleysburg, Cumberland County, Pennsylvania (Wormleysburg, PA 17043). 2. Defendant, Linda K. McCurdy is an adult individual residing at 440 Buckwalter Road, Newport, Perry County, Pennsylvania (Newport, PA 17074). 3. Plaintiff and defendant have been bona fide residents in the Commonwealth of Pennsylvania, for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and defendant were married on September 16, 1972 in the Borough of New Cumberland, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. Plaintiff and defendant are both citizens of the United States of America. 7. Defendant is not a member of the Armed Services of the United States or any of its allies. 8. Plaintiff avers as the grounds on which this action is based are that the marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the Court require the parties participate in counseling. WHEREFORE, plaintiff requests your honorable court to enter a decree in divorce dissolving the marriage between plaintiff and defendant and such further relief as the Court may determine equitable and just. Rent H. Patterson Attorney for Plaintiff 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 Page 2 VERIFICATION I, Robert J. McCurdy, verify that the statements in the foregoing complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. /! /3 ?o Date: C) 0 ?A! Cf1 i- r^ a -_ - 1 4 -b V i-fi i ROBERT J. MCCURDY, :IN THE COURT OF COHNON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 2007-1769 CIVIL LINDA K. McCURDY, . Defendant :IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 30, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. Being so advised, I do not request that my spouse and I participate in counseling prior to a Decree in Divorce being handed down by the Court. 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 LINDA K. McCURDY c t f v co M - +'n ?` tN> ROBERT J. McCURDY, Plaintiff Vs. LINDA K. MCCURDY, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2007-1769 CIVIL :IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the 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. Section 4909 relating to unsworn falsification to authorities. F- S-0 7 X. IN, ?? - Date LINDA K. MCCURDY 61 .. 4? } ? 1 l too- ? r-?? ?, st sit ROBERT J. MCCURDY, : IN THE COURT OF COLON PLEAS Plaintiff : WA COUNTY, PENNSYLVANIA C' V rK dig" lib VS. NO. 07-1769 CIVIL LINDA R. McCURDY Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Linda K. McCurdy, accept service of the complaint in divorce. Date:- Y -49-0 7 t;a' x - /M e- &"?" Linda K. McCurdy 440 Buckwalter Road Newport, PA 17074 /7 c d --a ... F ? N r ROBERT J. McCURDY, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 2007-1769 CIVIL LINDA K. McCURDY, Defendant :IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 30, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. Being so advised, I do not request that my spouse and I participate in counseling prior to a Decree in Divorce being handed down by the Court. 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 73 M ROBERT J. MCCURDY, Plaintiff VS. LINDA K. McCURDY, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2007-1769 CIVIL :IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the 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. Section 4909 relating to unsworn falsification to authorities. 101(40:2 Date r n , _ co ROBERT J. McCURDY, Plaintiff V. LINDA K. McCURDY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1769 CIVIL IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please 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: On April 6, 2007 by acceptance of service. An acceptance of service has been filed with the prothonotary. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff on October 9, 2007; by defendant on August 5, 2007. 4. Related claims pending: None. All economic issues were resolved by marital settlement agreement between the parties dated June 11, 2007. Plaintiff requests that the terms of the marital settlement agreement be incorporated but not merged into the divorce decree. 5. Date plaintiff's waiver of notice in Section 3301(c) divorce was filed with the prothonotary: October 19, 2007. Date defendant's waiver of notice in Section 3301(c) divorce was filed with the prothonotary: August 28, 2007. Dated: //11,? ?r 2 7?a? ? ent H. Patterson Attorney for plaintiff 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 f"' f i ? Marital Settlement Agreement Agreement made this day of )UA^?? 2007 by and between ROBERT J. McCURDY, (hereinafter referred to as "Husband") F `+ 7 LINDA K. MCCURDY, (hereinafter referred to as "Wife"). WITNESSETH WHEREAS, Husband and Wife were lawfully married on September 16, 1972; and WHEREAS, there is a divorce action pending between the parties in the Court of Common Pleas of Cumberland County docketed at No. 07-1769 Civil; and WHEREAS, the parties are desirous of terminating the marriage and settling all rights, obligations and other matters between them. NOW, THEREFORE, each party, intending to be legally bound hereby, does agree as follows: 1. Se paration. Husband and Wife have separated and are living apart from each other. Each may reside from time to time at such place or places as he or she may select, free of any control, restraint or interference, direct or indirect, by each other. Neither party shall molest the other or compel or attempt to compel the other to cohabit with him or her by any means. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of causes leading to their living apart. - 1 - 2. Personal Property. The parties acknowledge that they have divided between them the household goods and furnishings, and similar tangible personal property in a manner satisfactory to both of them. Those items of tangible personal property which are now in the possession of each party shall remain the sole and separate property of that party. 3. Personal Effects. Husband and Wife shall continue to own and enjoy, free from any claim or right to the other, all of his or her personal effects, such as clothing, jewelry, books, athletic equipment and the like, wherever located. 4. Motor Vehicles. A. The 1991 Ford Explorer and 1989 Ford Econoline van which are titled in Husband's name shall be the sole and individual property of Husband. There are no encumbrances on these vehicles. B. The 2002 Hyundai Sonata which is titled in Husband's name shall be the sole and individual property of Husband. Husband shall be solely liable for the purchase money loan for the vehicle and he shall indemnify and hold harmless Wife from any liability for payment thereon, including attorney's fees and costs. --_?__--_-C __------The 2007---Honda -Odyssey which is titled in Wife's name shall be the sole and individual property of Wife. Wife - 2 - shall be solely liable for the purchase money loan for the vehicle and she shall indemnify and hold harmless Husband from any liability for payment thereon, including attorney's fees and costs. 5. Bank Accounts. Prior to separation, Husband and Wife each maintained a bank account in his and her respective names. The bank account in the name of each spouse shall remain the sole and individual property of that spouse. 6. Disc Jockey (DJ) Equipment and Related Assets. The disc jockey (DJ) equipment consisting of sound, lighting and related equipment, records, albums, tapes, CDs and other recordings shall remain the sole and individual property of Husband. 7. Non-Marital Property. Wife's beneficial interest in the Estate of Marie Castro, deceased, to which she has not yet received final distribution, is non-marital property. Any increase in value in Wife's beneficial interest in the estate since the decedent's death shall be the sole property of Wife. 8. Real Estate. Wife shall transfer to Husband all of her right, title and interest in the real property which is jointly owned by the parties at 535 North Second Street, Borough of Wormleysburg, Cumberland County, Pennsylvania (Wormleysburg, PA -17043)_y.specia -warranty deed. The conveyance shall convey good and marketable title and shall be free and clear of all liens and - 3 - encumbrances except for a first mortgage and for utility easements, protective residential restrictions and other similar items of record which do not interfere with the residential use of the property. Husband shall assume payment of all obligations under the mortgage and mortgage note which were given by the parties to Commonwealth Eastern Mortgage Corporation dated April 29, 1986. The mortgage was most recently assigned to Midfirst Bank dated September 2, 1996 (recorded October 8, 1996) and payments are currently payable to Midland Mortgage Co. Husband shall pay all mortgage payments, real estate taxes, homeowner's insurance premiums and all other obligations required under the mortgage and mortgage note, and shall indemnify and hold harmless Wife from any liability for said payments and obligations, including reasonable attorney's fees and costs. 9. Retirement, Pension and Deferred Savings Plans. A. Husband shall retain as his sole and individual property his deferred savings plan (401(k)) through his former employer, Appleton Paper Co., and any interest that he has in a pension plan through Appleton Paper Co. Wife hereby releases any claims or rights that she has or would have in '_,s_---..retirement, pension or deferred savings plans, including any spousal annuity benefits and/or beneficiary designations. - 4 - B. Wife shall retain as her sole and individual property her interests in the Empire of Blue Cross and Blue Shield Retirement Plan and the Empire Blue Cross and Blue Shield Employee Savings Plan (401(k)). Husband hereby releases any claims or rights that he has or would have in Wife's pension, retirement and deferred savings plans, including any spousal annuity benefits and/or beneficiary designations. 10. Repayment of Debt. A. Husband shall be solely responsible for payment of all credit card debt in his name and all utility bills at the property at 535 North Second Street, Wormleysburg, PA, and he shall indemnify and hold harmless Wife from any liability for any payment of these obligations, including reasonable attorney's fees and costs. B. Wife shall be solely responsible for payment of all credit card debt in her name and all taxes, interest and penalties owing by her to the Internal Revenue Service for taxes owing under a joint return, and she shall indemnify and hold harmless Husband from any liability for any payment of these obligations, including reasonable attorney's fees and costs-.--- - 5 - 11. Husband's Debts. Except as otherwise provided herein, Husband hereby warrants and represents that he has not heretofore incurred any debt or obligation for which Wife now or in the future is or may become liable. With respect to any such obligation incurred by Husband, whether solely in his name or jointly, he agrees to pay same and to indemnify and hold Wife harmless therefrom, including costs and reasonable attorney's fees. 12. Wife's Debts. Except as otherwise provided herein, Wife hereby warrants and represents that she has not heretofore incurred any debt or obligation for which Husband now or in the future is or may become liable. With respect to any such obligation incurred by Wife, whether solely in her name or jointly, she agrees to pay same and to indemnify and hold Husband harmless therefrom, including costs and reasonable attorney's fees. 13. Future Debts. Neither party shall, after the date of this agreement, in any manner incur debts or other obligations obligating the other or incurring any debt in the name of the other, and each party shall indemnify and hold harmless the other party from any such debts or obligations, including costs and reasonable attorney's fees. 14. Full Settlement/Waiver of Claims and Alimony. Husband and Wife _ _-acknowledge --_ -that the provisions of this agreement providing for equitable distribution of marital property are fair, - 6 - adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other including claims for support, maintenance, alimony or alimony pendente lite, attorneys fees and costs. Husband and Wife specifically waive and relinquish any right to receive from the other any payment for spousal support, alimony pendente lite or alimony. 15. Release by Husband. Husband does hereby release, remise, quitclaim and forever discharge Wife from any and every claim that he now has, may hereafter have, or can have at any time against Wife or against her estate, or any part thereof, whether arising out of any formal contracts, engagements or liabilities of Wife; arising by way of curtesy or claim in the nature of curtesy, widower's rights, or under the intestate laws; arising by any right to take against Wife's Will; arising under the Divorce Code including claim for any determination and distribution of property, claim for alimony and claim for attorney's fees, costs and alimony pendente lite; or arising by any other nature whatsoever; excepting only those rights accruing to Husband under this agreement. 16. Release by Wife. Wife does hereby release, remise, quitclaim -arid--forever- discharge Husband and estate of Husband from any and every claim that she now has, may hereafter have, or can - 7 - have at any time against Husband or against his estate, or any part thereof, whether arising out of any formal contracts, engagements or liabilities of Husband; arising by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws; arising by any right to take against Husband's Will; arising under the Divorce Code including claim for any determination and distribution of property, claim for alimony and claim for attorney's fees, costs and alimony pendente lite; or arising by any other nature whatsoever; excepting only those rights accruing to Wife under this agreement. 17. Divorce. The parties agree that the marriage is irretrievably broken and agree to execute all necessary affidavits and consents required by the court for the entry of a mutual consent divorce. Each party shall execute an Affidavit of Consent and Waiver of Counseling and a Waiver of Notice of Intention to Request Entry of Divorce Decree pursuant to the Divorce Code, 23 Pa. C.S.A. Section 3301(c). At the request of either party, this agreement shall be incorporated into but not merged with the divorce decree. 18. Additional Documents. Husband and Wife mutually agree to execute such documents as may be necessary and expedient to carry out and fully -implement--the terms of this. agreement. 19. Disclaimer/Voluntary Execution. Both Husband and Wife - 8 - acknowledge that they are fully aware of the assets and income of each other, that they have fully disclosed and identified all of their assets and income to each other and that they both enter into this agreement fully understanding their respective rights and responsibilities. Each party has been fully informed as to his or her legal rights and obligations and acknowledges that he or she enters into the agreement freely and voluntarily without any duress or undue influence. Each party has had the opportunity to receive independent legal advice and each party acknowledges that this agreement is fair and equitable under the circumstances. 20. 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. 21. Binding Effect. This agreement shall be binding upon and shall inure to the benefit of the parties' heirs, personal representatives and assigns. 22. Waiver. Either party's failure or delay at any time to require strict performance by the other party of any of the provisions of the agreement shall not be construed as a waiver, release or relinquishment of his or her rights hereunder. 23. Effect of Reconciliation or Reconciliation Attempt. This agreement shall remain in full force and effect even if the parties effect reconciliation, cohabit as husband and wife or attempt to - 9 - effect reconciliation. This agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this agreement or any term of this agreement to be null and void. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: W UGC-?--- COMMONWEALTH OF PENNSYLVAP41A OTARIAL CINDY N WILSON SEAL ,Notary Public City of Harrisburg, Dauphin County My CoMnIsIssion Expires May 2, 2009 ROBERT LINDA K. McCURDY - 10 - f J rv Ab -4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA. ROBERT J- MCCURDY Plaintiff VERSUS LINDA K. MCCURDY Defendant 07-1769 DECREE IN DIVORCE AND NOW, N6U &-L T I- , 2007 , IT IS ORDERED AND DECREED THAT ROBERT J. MCCURDY , PLAINTIFF, ¦ F AND No. LINDA K. MCCURDY ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, 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; A marital settlement agreement between the incorporated but not merged into this Decree in Divorce. BY THE COURT: ATTES PROTHONOTARY A4v C.Q•?/ •1/ ?v - -v - J!