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HomeMy WebLinkAbout03-2463LINDA S. MINNICK - Plaintiff, - VS· · HARRY G. MINNICK, JR., · Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NO. -- NOTICE 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 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 Cumberland County, One Courthouse Square, Cumberland County, 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LINDA S. MINNICK ' Plaintiff, ' VS. ' HARRY G. MINNICK, JR., · Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NO. O~ - ~q~ COMPLAINT IN DIVORCE Sections 3301(c) and 3301(d) 1. Plaintiff is Linda S. Minnick with a current address of P.O. Box 102, Mechanicsburg, Cumberland County, Pennsylvania 17055-0102. 2. Defendant is Harry G. Minnick, Jr. who currently resides at 5217 Deerfield Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September, 29, 1990, in Camp Hill, Cumberland County, Pennsylvania. 5. Neither Plaintiff nor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. There have been no prior actions of divorce or for annulment between the parties. The marriage is irretrievably broken· The One child was bom of the marriage: Justin E. Minnick (d.o.b.8-6-97. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the fight to request that the court require the parties to participate in counseling. 10. Plaintiff requests the court to enter a Decree of Divorce divorcing Plaintiff and Defendant. WHEREFORE, Plaintiff requests that this Court enter a Decree in Divorce divorcing Plaintiff and Defendant. Count I - Equitable Distribution 11. The averments in paragraphs 1 through 10 are incorporated herein by reference. 12. During the marriage the parties acquired marital property, assets, and debts which Plaintiff requests the Court equitably distribute and assign. WHEREFORE, Plaintiff requests that this Court enter an Order equitably distributing marital property, divorcing Plaintiff and Defendant and such other Orders as are just and appropriate. Respectfully submitted, Melissa L. Van Eck, Esquire Attorney ID No. 85869 203 West Caracas Avenue Suite 201 Hershey, PA 17033 (717)540-5406 Attorney for Plaintiff VERIFICATION I, Linda S. Minnick, verify that the statements made in the foregoing COMPLAINT in DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities.  ' Linda S. Minnick C~ Mov 14 03 lO:~Oa p.3 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this~7o~/~ day of ~)~ee~,~b~,...., 2003, by and between Linda S. Minnick (hereinafter "Wife") of Camp Hill, Cumberland County, Pennsylvania and Harry G. Minnick, Jr. (hereina_ffer "Husband") of Mechanicsburg, Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, the parties are Husband and Wife, married on September 29, 1990, in Camp Hill, Cumberland County, Pennsylvania; and WHEREAS, one child was bom of the marriage, Justin E. Minnick (d.o.b. 8-6-97), and WHEREAS, unhappy differences and difficulties have arisen between the parties, in consequence of which the parties intend to live separate and apart for the rest of their natural lives; and WHEREAS, Wife and Husband are the Plaintiffand Defendant, respectively in a divorce action filed in the Court of Common Pleas of Cumberland County, Pennsylvania to Docket Number 03-2463 Civil Term; and WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including but not limited to the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance; and any and all claims which either party has, or may have, against the other or the other's estate; and ~ov 1~ 03 lO:20a p.~ NOW THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree as follows: 1. SEPARATION: Each party shall have the right to live separate and apart form the other party, free from the other party's interference, authority mad control. Neither party shall interfere with'the other or attempt to interfere with the other, nor compel the parties' cohabitation. 2. HUSBAND'S AND WIFE'S DEBTS: Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and save harmless the other party from any and all claims or demands made against the other by reason of debts or obligations incurred by that party. 3. WAIVER OF R~GHTS AND MUTUAL RELEASES: Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationsh/p, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of former or future acts, contracts, engagements or liabilities of the parties or by the way of dower, curtsy, widow's ~ghts, family exemption or similar allowance, or under the intestate laws, or the right to take Mov i~ 03 lO:20a p.5 against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights ora surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or other country. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge from all causes of action, claims, fights or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including but not limited to, alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or expenses. 4. REAL ESTATE: The parties own as tenants by the entireties improved real property situated at 5217 Deerfield Avenue, Mechanicsburg, Cumberland County, Pennsylvania (,'marital residence"). The parties have listed this property for sale with a reputable realtor. The parties agree to cooperate and to use good faith efforts, with due diligence, to effectuate a sale of the property for a mutually agreed upon sale price. The parties agree to divide equally between them the net proceeds from said sale (after payment of sale expenses, real estate commission and the like). Husband continues to reside in said marital residence pending sale thereof. Prior to the sale of said property, Husband shall continue to maintain fire and homeowner's insurance on said property. Further, Husband shall be responsible for all mortgage, tax, insurance, maintenance and upkeep expenses on said property and Husband shall indemnify and hold Wife ~ov 1~ 03 lO:20a harmless for any loss sustained as a result of his failure to carry out the foregoing responsibilities. 5. BUSINESS: Husband shall retain sole and exclusive ownership in construction business. Husband further retains sole and exclusive ownership in any tools and construction equipment related to his business. Husband further agrees to assume sole responsibility for all outstanding encumbrances, if any, with regard to his business and agrees to indemnify Wife for any loss sustained as a result of his failure to do so. Wife hereby waives any right, title or interest in Husband's construction business. 6. DIVISION OF PERSONAL PROPERTY: All personal property currently in the possession of Husband shall be the sole and separate property of Husband. All pemonal property currently in the possession of Wife shall be the sole and separate property of Wife. 7. MOTOR VEHICLES: Husband shall retain sole and exclusive ownership of the following vehicles currently in his possession and agrees to assume sole responsibility for all outstanding encumbrances, if any: a. 2000 Ford 350 Truck b. ATV c. Trailer d. Van Mov 14 OB 10:21m Wife shall retain sole and exclusive ownership of the 2000 Saturn vehicle currently in her possess/on and agrees to assume sole responsibility for all outstanding encumbrances, if any. Both parties agree to execute, within thirty 00) days of the date of this Agreement, any and all forms, titles and documents necessary to transfer the aforesaid vehicle from joint ownership to individual ownership, as specified herein. 8. JOINT DEBTS: The parties acknowledge that they have no debts which were jointly incurred during their marriage. Any debts or obligations incurred by either party in his/her individual name, other than those specified herein, whether incurred before or after separation are the sole responsibility of the party in whose name the debt or obligation was incurred. Husband agrees to assume full and sole responsibility for the payment of all of the debt in his name and agrees to indemnify Wife for any loss sustained as a result of his failure to do so. Wife agrees to assume full and sole responsibility for the payment of ail of the debt in her name and agrees to indemnify Husband for any loss sustained as a result of her failure to do so. 9. RETIREMENT BENEFITS: Each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be, in any pension/retirement/profit sharing/IRA plan of the other party, whether acquired through said other parties' employment or otherwise, and hereafter said pension/retirement/profit sharing/IRA plan shall become the sole and separate property of the party in whose name or whose employment said plan is carried. 10. DIVISION OF BANK ACCOUNTS: Husband and Wife acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. 1 i. AFTER-ACQUIRED PROPERTY: Each of the parties shall own and enjoy, independently of any claims or fights of the other all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 12. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY: Husband and Wife waive and relinquish all rights, if any, to spousal support, alimony pendente lite and alimony. Any transfer of monies between the parties pursuant to any term of this Agreement shall not constitute alimony but is made as part of the parties' equitable distribution settlement. 13. TAX MATTERS: The parties have negotiated this Agreement with the understanding and intention to divide their mutual property. The parties have determined that such division conforms to a right and jnst standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue Mov 14 03 lO:21a Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. Wife shall be entitled to claim the dependency exemption for the minor child on all applicable tax returns. 14. COUNSEL FEES AND EXPENSES: Except as otherwise specified herein, each party shall be responsible for payment of his/her own counsel fees and expenses. 15. ADVICE OF COUNSEI~: The parties acknowledge that each has received or has had the opportunity to receive independent legal advice from cotmsel of their selection and that they have been informed fully as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code and other applicable laws. Each party confirms that he/she understands fully the terms, conditions and provisions of this Agreement and believes them to be fair, just adequate and reasonable under the existing circumstances. The parties confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement i~ not the result of any duress, undue influence, collusion, or improper or illegal agreement. 20. AFFIDAVITS OF CONSENT: Each party agrees to execute an Affidavit of Consent for the obtaining of a no- fault divorce under the provisions of the Divorce Code of Pennsylvarda. ~ov 1~ O~ 10:~1~ 21. EFFECT OF DIVORCE DECREE ON AGREEMENT: Either party may enforce this Agreement as provided in section 3105(a) of the Divorce Code, as amended. As provided in section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendent elite, counsel fees or expenses shall not be subject to modification by the court. 22. ..DATE OF EXECUTION: The "date of execution", "date of this agreement" or "execution date" of this Agreement is the date upon which it is signed by the parties if they sigm the Agreement on the same date. Otherwise, the "date of execution", "date of this agreement" or "execution date" shall be the date on which the last party signed this Agreement. 23. HEADINGS NOT A PART OF THIS AGREEMENT: The descriptive headings preceding this paragraphs are for convenience and shall not affect the meaning, construction or effect this Agreement. 24. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANT~';: Each separate obligation shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision nfthis Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full rome, effect and operation. ~ov 14 03 10:~i~ p. 11 25. AGREEMENT BINDING ON HEIRS: Tiffs Agreement shall be binding on and shall ensure to the benefit of the parties and their respective heirs, executors, administrators, successors and assigns. 26. INTEORATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations, warranties, covenants or promises other than those expressly set forth in this Agreement. 27. MODIFICATION OR WAIVER TO BE IN WRITING: No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 28. NO WAIVER OF DEFAULT: The failure of either patty to insist upon strict performance of any term of this Agreement shall in no way affect the right of such party hereafter to enforce the term. 29. VOLUNTARY EXECUTION: The parties acknowledge that this Agreement is fair and equitable, and that they have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. 30. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as amended. 31. ATTORNEYS' FEES FOR ENFORCEMENT: If either party breaches any provision of this Agreement, the breaching party shall Mov 1~ O~ ~.1~ pay all reasonable legal fees and costs incurred by the.other in enforcing this Agreement, providing that the enforcing party is successful in establishing that a breach ahs occurred. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: Linda S. Minnick Harry G. Minnick, Jr. L1NDA S. MINNICK, Plaimiff, V. HARRY G. MINNICK, JR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE : No.: 03-24~ Civil Term AFFIDAVIT OF SERVICE I, Melissa L. Van Eck, counsel for Plaintiff, Linda S. Minnick, hereby certify that a true and correct copy of the Complaint in Divorce was served upon the following, by certified mail, return receipt on May 31, 2003. Attached hereto, marked as Exhibit "A" and incorporated herein by reference is a copy of the return receipt card indicating service upon: Harry G. Minnick, Jr. 5217 Deerfield Ave. Mechanicsburg, PA 17050 Respectfully submitted, Date: Melissa L. Van Eck, Esquire Attorney ID No.: 85869 7800 A. Allentown Blvd. Suite B. P.O. Box 6662 Harrisburg, PA 17112 (717) 540-5406 d~.emnt Imm t~m 17 ~lyes O Y~ z AWr.,~N~' ~_~ 7002 3150 0001 4960 5021 pS Form 3811, August 2001 CERTIFICATE OF SERVICE I, Melissa L. Van Eck, Esquire, counsel for Linda Minnick, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Affidavit of Service was served upon Harry G. Minnick, Jr., by depositing same in the United States mail, first class, on December 29, 2003 addressed as follows: Joanne Harrison Clough, Esq. Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 Melissa L. Van Eck, Esquire Attorney ID No.: 85869 7800 A. Allentown Blvd. Suite B. P.O. Box 6662 Harrisburg, PA 17112 717-540-5406 Attorney for Plaintiff LINDA S. MINNICK, Plaintiff HARRY G. MINNICK, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2463 CIVIL ACTION - LAW IN DIVORCE 23,2003. 2. AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was fried on May The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: Linda S. Minnick LINDA S. MINNICK, Plaintiff HARRY G. MINNICK, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2463 CIVIL ACTION - LAW IN DIVORCE ,WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY .OF DIVORCE DECREE UNDF~' § 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. § 4904 relating to unsworn falsification to authorities. Linda S. Mkmick c LINDA S. MINNICK, Plaintiff HARRY G. MINNICK, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2463 CIVIL ACTION - LAW IN DIVORCE 23, 2003. 2. AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was fried on May The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed fi.om the date of the 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. Section 4904 relating to unswom falsification to authorities. Date: Harry G. Minnick, Jr. LINDA S. MINNICK, Plaintiff HARRY G. MINNICK, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2463 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 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. § 4904 relating to unswom falsification to authorities. DATE: /2- zo-opo . Harry G. Minnlck, Jr. L1NDA S. MINNICK, Plaintiff, V. HARRY G. MINNICK, JR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE No.: 03-24~ Civil Term PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of an appropriate decree: 1. Ground for divorce: irretrievable breakdown under Section (3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Served via certified mail on May 31, 2003. Affidavit of Service filed simultaneously with this Praecipe. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by plaintiffon December 20, 2003; by defendant December 20, 2003. (b)( 1 ) Date of execution of the plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: N/A; (2) Date of service of the plaintiffs affidavit upon the defendant: N/A. 4. Related claims pending: None. Marital Settlement Agreement incorporated but not merged into Divorce Decree. 5. Complete either (a) or (b). a. Date and manner of service of the notice of intention to file praecipe a copy of which is attached: b. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: Executed on December 20, 2003; filed simultaneously with this Praecipe. Date Defendant's Waiver of Notice was filed with the Prothonotary: Executed on December 20, 2003; filed simultaneously with this Praecipe. Respectfully submitted, Date: Melissa L. Van Eck, Esquire Attorney ID No.: 85869 7800 A. Allentown Blvd. Suite B. P.O. Box 6662 Harrisburg, PA 17112 (717) 540-5406 CERTIFICATE OF SERVICE I, Melissa L. Van Eck, Esquire, counsel for Linda Miunick, Plaintiff in the above- captioned action, hereby certify that a tree and correct copy of the foregoing Praecipe to Transmit was served upon Harry G. Minnick, Jr., by depositing same in the United States mail, first class, on December 29, 2003 addressed as follows: Joaune Harrison Clough, Esq. Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 Date: Melissa L. Van Eck, Esquire Attorney ID No.: 85869 7800 A. Allentown Blvd. Suite B. P.O. Box 6662 Harrisburg, PA 17112 717-540-5406 Attorney for Plaintiff IN THE OF' CUMBERLAND STATE OF ~ COURT OF COMMON PLEAS COUNTY PENNA. ....... 5I'NDA--S¥--M'I'NN~CK Versus ...... H~R~Y-'G';-'-MI-NN~CK¥ JR~ ..................... DECREE IN DIVORCE AND NOW, . ~~...~?..~. .... I~ ~ ...... it is ordered and decreed that ................... ~ .s.....~.~.~..c.~ ................... plaintiff, and .................. HA~R¥. G....MZN~T.¢K.,..J~ ................ 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; None.