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HomeMy WebLinkAbout03-2939CRAIG L. FOLTZ, BONNIE J. FOLTZ, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- ~:~q il'~ CIVIL TERM CIVIL ACTION-LAW 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 FILE 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 TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS 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 32 South Bedford Street Carlisle, Peunsylvania 17013 (717) 249-3166 CRAIG L. FOLTZ, BONNIE J. FOLTZ, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- ~q~q CIVIL TERM CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301 (C) AND 3301(D) OF THE DIVORCE CODE 1. Plaintiff is Craig L. Foltz, an adult individual who currently resides at 4341 Carlisle Pike, Apt. C-11, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Bonnie J. Foltz, an adult individual who currently resides at 1014 Teakwood Lane, Enola, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 9, 2000, in Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 7. Neither Plaintiff nor Defendant is in the Armed Forces of the United States. 8. Plaintiff avers that the marriage between the parties is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in COUNT II -EOUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 1 I. The parties have acquired personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, David A. Baric, Esquire I.D. # 44853 DATE: ~e~'/~ ~ 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/domestic/foltz/complaint,pld VERIFICATION I 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. § 4904, relating to unsworn falsification to authorities. L. Foltz DATED: CRAIG L. FOLTZ, BONNIE J. FOLTZ, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA NO. 2003-2939 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 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 June 23, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint· 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 5. 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· 6. 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 tree 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: · Foltz CRAIG L. FOLTZ, Plaintiff V. BONNIE J. FOLTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2939 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 7 day of (~J~,~ f ,2003, by and between Bonnie J. Foltz, hereinafter referred to as "Wife", ~d ~;alg~L. Foltz, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the pa~ies are Husband and Wife who were married on September 9, 2000; and, WHEREAS, Husband has instituted divorce proceedings in the Court of Conunon Pleas of Cumberland County Docket No. 2003-2939 by Complaint filed on June 23, 2003; and, WHEREAS, differences have arisen between the parties. The parties are therefore desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation: the ownership and equitable distribution of all property owned by the parties; spousal support, alimony and alimony pendente lite; and in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and, WHEREAS, each party is fully familiar with all of the property owned by the parties and each party acknowledges having sufficient opportunity to investigate and evaluate the property owned by the parties, and both parties now desire to settle and determine his and her property fights and claims under the Divorce Code. NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, the parties, intending to be legally bound hereby, do covenant and agree as follows: 1. DIVORCE. The parties agree to the entry of a Decree in Divorce pursuant to Section 3301(c) ofthe~Divorce Code. Both parties shall execute and file the requisite Consents and Waivers with the Court upon the written request of either party. Husband shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay. Should either party do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Divorce DeCree in breach of this Agreement, the other party may, at his or her option, declare this Agreement null and void. 2. EFFECT. This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. No Court may change the terms of this Agreement, and it shall be binding and inclusive upon the parties. An action may be brought at law or equity to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreemertt, this Agreement shall remain in 2 3. ADVICE OF COUNSEL. Each party has been advised of their rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support. Husband and Wife acknowledge that each of them has read this Agreement and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. Husband is represented by David A. Baric, Esquire. Wife is represented by Christopher J. Keller, Esquire.. 4. TANGIBLE PERSONAL PROPERTY. All personal property owned by the parties has been equally divided to their mutual satisfaction. 5. OTHER PROPERTY DISTRIBUTION PROVISIONS A. REAL ESTATE: The marital residence is located at 1014 Teakwood Lane, Enola, Cumberland County, Pennsylvania. Husband will sign a waiver to extinguish his marital interest in the property located at 1014 Teakwood Lane, Enola, Pennsylvania. Wife owns a premarital asset the real property known as 1014 Teakwood Lane, Enola, Cumberland County, Pennsylvania (referred to herein as the "premise"). The parties ]hereby agree that Wife shall be entitled to all right, title and interest to said premise and Husband shall waive any and all right, title and/or interest, claim he may have therein and shall further execute upon request a quit claim deed transferring any interest he may have therein. B. RETIREMENT BENEFITS: Each party has retirement and/or pension benefits at their respective places of employment. Husband's retirement and/or pension benefits shall remain Husband's sole and separate property, Wife hereby waiving, relinquishing and transferring any and ail past, present and/or future right, title and/or interest she may have therein. Wife's retirement and/or pension benefits shail remain Wife's sole and separate property, Husband hereby waiving, relinquishing and transferring any and all past, present and/or future right, title and/or interest he may have therein. C. 1NTENT: This Agreement is intended to distribute ail property of the parties, whether real or personal, and whether determined to be separate or maritai property. In the event that any property may be omitted from this Agreement, it is understood and agreed that the person having possession and/or title to such property following the execution of this Agreement shall be deemed the owner thereof and each of the parties will execute any and all legal documents without any charge therefore to evidence title to such property of the other party. 6. DEBTS AND OBLIGATIONS. A. Wife's Debts: Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt 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. 5 B. Husband's Debts: Husband represents attd warrants to Wife that since the parties separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indenmify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Indemnification: All further debts incurred by the parties shall be the individual responsibility. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, acts or omission of such party, such party will at his or her sole expense, defend the other against such claim or demand, whether or not well-founded and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom including reasonable attorneys fees incurred to enforce this indemnification. Damages as used herein shall include any claim, action, demand, loss, sot, expense, penalty and other damage including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or 6 instituted against either party, which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 7. LIFE INSURANCE. Wife acknowledges and agrees that Husband shall have sole ownership of any insurance policies owned by Husband. Husband acknowledges and agrees that Wife shall have sole ownership of any insurance policies owned by Wife. Each party shall have the right to borrow, cash in policies, change beneficiaries, and exercise any other incidents of ownership of their respective policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to confirm ownership in such policies to the respective party who presently owns such policies. 8. EQUITABLE AGREEMENT. Both parties agree that the herein above set forth Agreement constitutes: an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 9. MUTUAL RELEASES. Husband and Wife do hereby mutually release, remise, quitclaim and forever discharge the other and the estate of the other from any and all claims either party has now, ever may have or can at any time have against the other or the other party's estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the other party, arising by way of widower's right or under the Intestate Law, arising by any right to take against the Will of the other party, arising out of the Divorce Code, Act No. 26 of 1980, 7 as amended, including, alimony, alimony pendente lite, counsel[ fees and expenses, arising as a right to spousal support or arising from anything of any nature whatsoever, excepting only those rights accorded to the parties under this Agreement. 10. BREACH. If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees, actually incurred, from the other as part of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court. 11. COMPLETE DISCLOSURE. The parties do ihereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 12. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representatious or agreements, written or oral, of any nature whatsoever, other than those herein contained. I 13. MODIFICATION. This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania. Any 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 the same or similar nature. 14. AGREEMENT BINDING ON HEIRS. This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 15. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose of resoMng any ambiguity herein, Husband and Wife agree that this Agreement was reviewed jointly by their respective counsel. 16. SEVERABILITY AND INDEPENDENT COVENANTS. The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this 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 force and effect. 9 17. COSTS AND ATTORNEYS' FEES. Neither party shall reimburse the other for any court costs or filing fees associated with this case, and each party shall be responsible to pay his or her own attomeys' fees. 18. LAW AND JURISDICTION APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 19. OTHER DOCUMENTATION. The parties agree that they shall, upon written request from either pat~y execute any and all written instruments or documents required to effectuate the terms of this Agreement. 20. RELEASE OF SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY. The parties do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, spousal support or maintenance. Each shall maintain their own respective policies of health insurance as each deems appropriate. 21. PRIOR AGREEMENTS. It is understood and agreed that any and all property settlement agreements executed between the parties and/or may or have been executed prior to the date and time of this Agreement, are null and void and of no effect. WHEREFORE, the parties, intending to be legally bonnd hereby, execute this Agreement the date first written above. WITNESS: da b.dir/dom estic/foltz/settlem ent2.agr CRAIG L. FOLTZ, : Plaintiff : BONNIE J. FOLTZ, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2939 CIVIL TERM CIVIL ACTION-LAW 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 June 23, 2003. 2003. Defendant acknowledges receipt and accepts service of the Complaint on June 27, 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 al:imony, 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: CRAIG L. FOLTZ, Plaintiff V. BONNIE J. FOLTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2939 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this ~'lqg day of ~'O~'~ ' ,2003, I, Christopher J. Keller, Esquire, Attorney for Defendant, Bonnie J. Foltz, hereby accept service of the Complaint in Divorce filed in the above-captionec[ case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt ora tree and attested copy of said Complaint. Christopl~r J. Keller, ]~squire CRAIG L. FOLTZ, BONNIE J. FOLTZ, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2939 CIVIL TERM CIVIL ACTION-LAW 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: Christopher J. Keller, Esquire attorney for Defendant signed an Acceptance of Service on June 27, 2003. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301 (c) of the divorce code: by the plaintiff September 29, 2003 ; by the defendant October 9, 2003 (b) (1) the divorce code Date of execution of the plaintiffs affidavit required by Section 3301 (d) of N/A (2) Date of service of the plaintiffs affidavit upon the defendant N/A 4. Related claims pending NONE 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's waiver of notice in Section 3301 (c) divorce was filed with the Prothonotary: October 9, 2003 Date defendant's waiver of notice in Section 3301 (c) ~i~ree was filed with the Prothonotary: October 15, 2003"N ?-) /,'"// David A. Baric, Esquire Attorney for Plairttiff, Craig L. Foltz IN THE COURT OF COMMON PLEAS CRAIG L. FOLTZ, Plaintiff VERSUS BONNIE J. FOLTZ, Defendant OF CUMBERLAND COUNTY STATE OF PENNA. N O. 2003-2939 CIVIL DECREE IN DIVORCE AND NOW,~''~ DECREED THAT CRAIG L. FOLTZ AND BONNIE J. FOLTZ _~,~ , 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 PARTIES !MARITAL SETTLEMENT AGREEMENT DATED JULY 7, 2003 IS INCORPORATED HEREIN AS A FINAL ORDER~RT. ATTEST: PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs Defendant File No. _~?/~0 ~ - ~ '~-~ / IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one l~y marking "x"] __ prior to the entry of a Final Decree in Divorce, or ¢ after the entry ofa Final Decree in Divorce dated /~/,,~/~_~, hereby elects to resume the prior surname of //~ 7C f~ , and gives this written notige avqwing his / her intention purs.uant~ the provisions of 54.P.S. 7~4. Sig~taturb J ~ Signature op~rae ~eing(i~sumed COIVIMONWE~LTH OF PENNSYLVANIA ) COUNTY OF C.ct.~ On the ~ ~ day of ~,~m~ ,200_~_, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Natary Public NOTARIAL SEAL CLAUDIAA. 8REWBAK[R NOTARYPUBLIC Carlisle ~oro. Cumberland County My Comm~=ssion Expires A~ril 4, 2005