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HomeMy WebLinkAbout03-3226Plaintiff: Angela D. Noel VS. Defendant: Mark Alan Noel Case No. ~5)..~-.~.~.~ g FORM 98.08-3 Notice to Defend and Claim Rights 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 grounds for the divorce are 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 on the first floor at 1 Courthouse Square, Carlisle, PA 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 TJ~FIND OUT WHERE YOU CAN GET LEGAL HELP. 101 West Portland Street Mechanicsburg, PA 17055 r~kAian o (defendant) 3225 Peter's Mountain Road Halifax, PA 17032 Plaintiff: Angela D. Noel VS. Defendant: Mark Alan Noel CaseNo. E)~-~O 6 FORM 98.08-1 Complaint in Divorce COMPLAINT 1N DIVORCE Plaintiff is Angela D. Noel, who currently resides at 101 West Portland Street, Mechanicsburg, Pennsylvania 17055. The Defendant is Mark Alan Noel, who currently resides at 3225 Peter's Mountain Road, Halifax, Pennsylvania 17032. Both Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. The parties were married on the seventh day of August 1999 at Indiana County in the Commonwealth of Pennsylvania. A true copy of the marriage certificate is attached hereto, made a part hereof and marked Exhibit "A". Neither Plaintiff nor Defendant is 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 the Congress of 1940 and its Amendments. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling. 2 COUNT I DIVORCE The causes of action and section of the Domestic Relations Code under which Plaintiff is proceeding is: Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiffbelieves that Defendant may also file such an Affidavit. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNT II REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(d) OF THE DOMESTIC RELATIONS CODE The prior paragraphs of this Complaint are incorporated by reference. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. Plaintiff and Defendant have been able to agree to an equitable division of said property. WHEREFORE, Plaintiff respectfully declines to enter an Order equitably distributing the parties' marital property and does not desire to pursue Section 3502(d) of the Divorce Code. COUNT III REQUEST FOR ALIMONY AND ALIMONY PENDENTE LITE UNDER SECTION 3507 OF THE DOMESTIC RELATIONS CODE The prior paragraphs of this Complaint are incorporated by reference. Plaintiff is able to sustain herself during the course of this litigation. Plaintiff does not COUNT II1 REQUEST FOR ALIMONY AND ALIMONY PENDENTE LITE UNDER SECTION 3507 OF THE DOMESTIC RELATIONS CODE The prior paragraphs of this Complaint are incorporated by reference. Plaintiff is able to sustain herself during the course of this litigation. Plaintiff does not lack sufficient property to provide for her reasonable means and is able to support herself through appropriate employment. Plaintiff does not require any support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff declines to request the Court to enter an award of Alimony. COUNT IV REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3507(A) AND 3702 OF THE DOMESTIC RELATIONS CODE The prior paragraphs of this Complaint are incorporated by reference. Both Plaintiff and Defendant have chosen to represent themselves in this matrimonial cause. Plaintiff is able to pay her half of the required fees, costs and expenses. Defendant is employed and has the ability to pay his half of the required fees, costs and expenses. Plaintiff and Defendant are in agreement with this arrangement and have no unresolved issues regarding legal expenses. Forfeiting the right to apply to the Court for temporary fees, costs and expenses prior to final hearing, Plaintiff declines the request that, after final hearing, the Court order Defendant to pay any additional fees, costs and expenses. 4 WHEREFORE, Plaintiff declines the request for the Court to enter an Order directing Defendant to pay Plaintiff's reasonable fees, costs and expenses. COUNT V REQUEST FOR PRESERVATION OF MARITAL ASSETS UNDER SECTION 3505 OF THE DOMESTIC RELATIONS CODE The prior paragraphs of this Complaint are incorporated by reference thereto. During the course of the marriage, Plaintiff and Defendant have acquired a variety of marital assets. Plaintiff is not concerned that Defendant may dissipate marital assets for the benefit of Defendant and in order to adversely affect Plaintiff's economic claims in this divorce action. Plaintiff does not seek a restriction on marital assets and does not desire to pursue Section 3505(a). Plaintiff declines the request that the Court issue an injunction to prevent the secretion, removal, transfer or disposition of the assets. WHEREFORE, Plaintiff respectfully declines to request the Court enter an Order preventing Defendant from secreting, removing, transferring or dissipating any marital assets and does not desire to pursue Section 3505(a) of the Domestic Relations Code. COUNT VI REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTIONS 3104(a) AND 3323(b) OF THE DOMESTIC RELATIONS CODE The prior paragraphs of this Complaint are incorporated by reference. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. A settlement has been reached as of the date of the filing of this Complaint. Both Plaintiff and Defendant have always been willing to negotiate a fair and reasonable settlement of all matters. 5 The parties have entered into a verbal agreement with regard to support, custody, visitation of child and property division. Neither Plaintiff nor Defendant find it necessary that this agreement be approved by the Court and incorporated in any divorce decree dissolving the marriage between the parties. WHEREFORE, settlement agreement has already been reached between the parties prior to the time of the hearing on this Complaint. Plaintiff respectfully declines the request that the Court approve and incorporate such agreement in the final divorce decree and does not desire to pursue Sections 3104(a)(1) and (3) and 3323(b) of the Divorce Code. COUNT VII REQUEST FOR CONTiNUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTiNG POLICIES iNSURING LIFE AND HEALTH OF SPOUSE AND CHILDREN UNDER SECTION 3502(b) OF THE DOMESTIC RELATIONS CODE The prior paragraphs of this Complaint are incorporated by reference. During the course of the marriage, Defendant has maintained certain health insurance policies for the benefit of Plaintiff. Not wishing to pursue Section 3502(d), Plaintiff declines the request for Defendant to be directed to continue maintenance of said policies for the benefit of Plaintiff. Both Plaintiff and Defendant have agreed, prior to the time of the heating on this Complaint, to maintain health insurance on their daughter and have no unresolved issues regarding medical coverage. WHEREFORE, Plaintiff respectfully declines the request that the Court enter an Order directing Defendant to continue to maintain certain health insurance policies for the benefit of Plaintiff and does not desire to pursue Section 3502(d) of the Domestic Relations Code. 6 COUNT VIII REQUEST FOR SUPPORT OF SPOUSE AND CHILD UNDER SECTIONS 3104(a) AND 3323(b) OF THE DOMESTIC RELATIONS CODE The prior paragraphs of this Complaint are incorporated by reference. Plaintiff and Defendant are parents of the following child: Name Age Sex Date of Birth Residence Cierra Faith Noel 5 F 12-23-97 101 W. Portland St. Mechanicsburg, PA 17055 Both Plaintiff and Defendant have agreed on a reasonable and fair amount for support at the time of their initial separation and prior to the time of the hearing on this Complaint. Support has been consistently received since agreement was made and neither Plaintiff nor Defendant has any unresolved issues concerning the financial support of their daughter. Plaintiff is not on Public Assistance. Defendant has been paying $150.00 per week for support of said child and Plaintiff does not desire an Order of the Court to alter prior agreement between the Plaintiff and Defendant. Plaintiff does not feel it necessary for an Order of the Court to ensure continued payment. WHEREFORE, Plaintiff declines the request for an award of any additional support for the child of the parties. COUNT IX REQUEST FOR CONFIRMATION OF CUSTODY, PARTIAL CUSTODY AND/OR VISITATION UNDER SECTIONS 3104(a) AND 3323(b) OF THE DOMESTIC RELATIONS CODE Prior to the time of the hearing on this Complaint, Plaintiff and Defendant both agree for their daughter to remain under the full custody of Plaintiff with Defendant having prearranged and flexible visitation. Neither Plaintiff nor Defendant has any unresolved issues regarding the custody and visitation of the following child: Name Present Residence Age Cierra Faith Noel 101 West Portland Street 5 Mechanicsburg, PA 17055 The child is presently in the custody of Plaintiff who resides at 101 West Portland Street, Mechanicsburg, PA 17055. During the past five years, the child has resided with the following persons and at the following addresses: Persons Addresses Dates Angela D. Noel 101 West Portland Street 1999-2003 Mark Alan Noel Mechanicsburg, PA 17055 The mother of the child is Plaintiff, Angela D. Noel, currently residing at 101 West Portland Street, Mechanicsburg, PA 17055. The father of the child is Defendant, Mark Alan Noel, currently residing at 3225 Peter's Mountain Road, Halifax, PA 17032. Both Plaintiff and Defendant are separated and seeking dissolution of marriage through this Complaint. The relationship of Plaintiff to the child is that of mother. Plaintiff currently resides with no other persons with the exception of the child. The relationship of Defendant to the child is that of father. Defendant currently resides with the following persons: Name Justin Yohn Relationship Friend Prior to the time of the hearing on this Complaint, Plaintiff and Defendant both agree for their daughter to remain under the full custody of Plaintiff with Defendant having prearranged and flexible visitation. Neither Plaintiffnor Defendant has any 8 unresolved issues regarding the custody and visitation of their daughter, Cierra Faith Noel. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as pa~ies to this action. There are no other persons who have or claim a right to custody. WHEREFORE, Plaintiff does not find it necessary for the Court to determine custody of the child. 9 Plaintiff: Angela D. Noel VS. Defendant: Mark Alan Noel Case No. Off~ ..~.2..~. FORM 98.21-1 Certification of Service of the Counseling Notice CERTIFICATION OF SERVICE OF THE COUNSELING NOTICE I the Plaintiff, Angela D. Noel, hereby certify that I served a Counseling Notice in the form required by Philadelphia Rule of Civil Procedure 1920.45(a)(1) on the Defendant, Mark Alan Noel, by attaching same to the Divorce Complaint served upon the Defendant, and on the Plaintiff by personally handing him a copy of same. (Address) 101 West Portland Street Mechanicsburg, PA 17055 (Phone) 717-512-1768 Plaintiff: Angela D. Noel VS. Defendant: Mark Alan Noel Case No. ~>3% J'~ & (o FORM 100.01-17 Waiver of Notice of the Master's Hearing and the Time Within Which to File Exceptions The parties, having been fully advised of their rights, hereby (1) waive the requirement often (10) days' notice of the Master's Hearing to be scheduled in this matter, and (2) waive the ten-day period for the filing of exceptions to the Master's Report. Name: Address: Telephone: Signature: Name: Address: Telephone: Signature: Angela D. Noel 101 West Portland Street Mechanicsburg, PA 17055 Mark Alan Noel 3225 Peter's Mountain Road Halifax, PA 17032 Plaintiff: Angela D. Noel VS. Defendant: Mark Alan Noel Case No. 03-3226 Acceptance of Certification of Service of the Counseling Notice ACCEPTANCE OF CERTIFICATION OF SERVICE OF THE COUNSELING NOTICE I the Defendant, Mark Alan Noel, hereby certify the acceptance of a Counseling Notice in the form required by Philadelphia Rule of Civil Procedure 1920.45(a)(1) from the Plaintiff, Angela D. Noel. The Divorce Complaint was ~erved by the Plaintiff, on the Defendant by personally hand delivering a copy. Defendant (Address) 3225 Peter's Mountai:a Road Halifax, PA 17032 (Phone) 717-991-9810 Plaintiff: Angel VS. Defendant: Mar ACCE I the Defer Divome Complain personal hand deli D. Noel Case No. 03-3226 Alan Noel Acceptance of Service of the Divorce Complaint STANCE OF SERVICE OF THE DIVORCE COMPLAINT dant, Mark Alan Noel, hereby certify thai I have accepted the served from the Plaintiff, Angela D. Noel, which was served upon myself by ?ery, on July 9, 2003. Mark Alan Noel (Defendant) (Address) 3225 Peter's Mountain Road Halifax, PA 17032 (Phone) 717-991-9810 Plaintiff: Angel~ D. Noel VS. ~ Case No. 03-3226 Defendant: Mat 1. A corn 2003. 2. The m: have el 3. I consc 4. I under lawyer~ I Ve underst Cons. Date: Alan Noel FORM 98.01-3 Affidavit of Consent [aint in divorce under 3301(c) of the divorce Code was filed on July 9, :riage of plaintiff and defendant is irretrievably broken and ninety days apsed from the date of filing the Complaint. at to the entry of a final decree of divorce. ;tand that I may lose rights concerning alimony, division of property, s fees or expenses ifI do not claim them before a divorce is granted. rify that the statements made in this affidavit are tree and correct. I md that false statements are made subject to the penalties of 18 Pa. tat. Ann. 4904 relating to unswom falsification to authorities. Witness IN THE COURT O Plaintiff: Angel.' VS. Defendant: Mar WAIV OF A DI~ I. I conse 2. I under lawyer 3. I under Court a filed w: Ive understand C.S 4904 Dated: COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW D. Noel Case No. 03-3226 Alan Noel R OF NOTICE OF INTENTION TO REQUEST ENTRY )RCE DECREE UNDER 3302© OF THE DIVORCE CODE at to the entry of a final decree of divorce without notice. ~tand that I may lose rights concerning alimony, division of property, s fees or expenses ifI do not claim them before a divorce is granted. ;tand that I will not be divorced until a divorce decree is entered by the ad that a copy of the decree will be sent to me immediately after it is th the Prothonotary. 'ify that the statements made in this Affidavit are true and correct. I Ihat false statements herein are made subject to the penalties of 18 Pa. dating to unsworn falsification to authorities. Plaintiff: Angei VS. Defendant: Mai 1. A corn 2003. have e 3. I conse 4. I under lawyer~ Ive underst~ Cons. Date: a D. Noel Case No. 03-3226 k Alan Noel FORM 98.01-3 Affidavit of Consent >laint in divorce under 3301(c) of the divorce Code was filed on July 9, :riage of plaintiff and defendant is irretrievably broken and ninety days apsed from the date of filing the Complaint. ~t to the entry of a final decree of divorce. ;tand that I may lose rights concerning alimony, division of property, s fees or expenses ifI do not claim them before a divorce is granted. 5fy that the statements made in this affidavit are true and correct. I md that false statements are made subject to the penalties of 18 Pa. :at. Ann. 4904 relating to unswom falsification to authorities. ctober 9, 2003 ark Ala: ldNoel (Defendant) IN THE COURT O Plaintiff: Angel.' VS. Defendant: Mar WAIV]~ OF A DIV~ 1. I eonse 2. I under lawyer' 3. I under, Court a filed v ~V understand C.S 4904 r Dated: COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW D. Noel Case No. 03-3226 Alan Noel R OF NOTICE OF INTENTION TO REQUEST ENTRY }RCE DECREE UNDER 3302© OF THE DIVORCE CODE nt to the entry of a final decree of divorce without notice. ;tand that I may lose fights concerning alimony, division of property, s fees or expenses ifI do not claim them before a divorce is granted. ',tand that I will not be divorced until a divorce decree is entered by the ~d that a copy of the decree will be sent to me immediately after it is th the Prothonotary. ify that the statements made in this Affidavit are true and correct. I :hat false statements herein are made subject to the pen.alties of 18 Pa. fiating to unsworn falsification to authorities. Mark Alan Noel Angela D. Noe (plaintiff) vs. Mark Alan Noe (defendant) To the Prothonotary: Transmit the re, for entry of a divor~ 1. Grounds for 3301 (d)(1) of the D~ 2. Date and ma~ 3. Complete eit A. Date of 3301 (c) of the Divo~ by the defendant Oc B. (1) Date Section 3301 (d) of t (2) Date 4. Related cla~ 5. Indicate dat~ praecipe to transmit 3301 (d)(1)(i) of the IN THE COURT OF CC~ON PLEAS C%~4BERLAND COUNTY, PENNSYLVANL NO. 03-3226 CIVIL 19 July 9, 2003 PRAECIPE TO TRANSMIT RECORD pending: N/A and manner of service of the notice of intention to file acord, and attach a copy of said notice under Section Divorce Code oo~h~r 1~. ~0~3 Attorney for Plaintiff/Defendant of execution of the plaintiff's affidavit required by ae Divorce Code: of service of the plaintiff's affidavit upon the defendant: her Paragraph A. or B. execution of the affidavit of consent required by Section ce Code: by the plaintiff October 9~ 2003 tober 9, 2003 )rd, together with the following information, to the court :e decree: divorce: irretrievable breakdo~a under Section 3301 (c) .vorce Code. (Strike out inapplicable section) her of service of the complaint: IN TH ANGELA D. NOI COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Plai]~tiff su$ MARK ALAN NOEl Defel:dant NO. 03-3226 CIVIL TERM DECREE IN DIVORCE AND NOW , Z*~O~, IT IS ORDERED AND DECREED THAT Angela d. Noel Mark Alan Noel PLAINTIFF, AND ,DEFENDANT, ARE DIVORCED F ~OM THE BONDS Of MATRIMONY. THE COURT R ~TAINS JURISDICTION OF" THE FOLLOWING CLAIMS WHICH HAVI BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS Yet BEEN ENTEF ED; BY THE ~l ATTE~: j. PROTHONOTARY