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HomeMy WebLinkAbout99-07320lo` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF Y PENNA. Plaintiff No. 99-7320 CIVIL VERSUS WILLIAM M. ANDERSON, Defendant VIRGINIA L. ANDERSON, DECREE IN AN DIVORCE ? ? ,- 402-1 D N OW , ????f'0???'W ?? 2000 ( (a IT IS ORDERED AND DECREED THAT Virginia L. Anderson PLAINTIFF, AND Wiliam M. Anderson ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marriage Settlement Agreement dated October 6, 2000 is into this Decree in Divorce. r a P THONOTARY Il /?ffX7 C2rf- c?v l*al //•/QUO ?O?i itc??./ ? (/ ?!/ MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 0- day of 2000, by and between William M. Anderson, (hereinafter referred to as "Husband") and Virginia L. Anderson, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and wife were lawfully married on May 29, 1993; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, there was one (1) child born of this marriage, Michaela Leslie Anderson, born May 2, 1995; and WHEREAS, Husband end Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission by either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2. Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each party hereto completely understand and agree that neither shall do nor say anything to the child of the parties at any time which might in any way influence the child adversely against the other party. 3. DIVISION OF PERSONAL PROPERTY The parties have equitably divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. Neither party will make any claim to any items which are now in the possession nor under the control of the other. 9. The parties are owners of various vehicles. Each party shall remain the owners of the vehicles titled in their name. Wife shall be the sole owner of the currently jointly owned 1966 VW Beetle. Husband shall assign his title and interest in the Beetle to Wife. Husband shall be the sole owner of the currently jointly owned 1987 Chevrolet Blazer. Wife shall assign her title and interest in the Blazer to Husband. Wife shall transfer her rights and title to her 1989 Nissen truck to Husband. Husband shall have all right and title to his vehicles. He shall maintain insurance on his vehicles and be responsible for any and all maintenance, liens and other payments related thereto. Husband shall indemnify and hold Wife harmless for all matters related to his vehicles. Wife shall have all right and title to her vehicles and shall maintain insurance on her vehicles and be responsible for any and all maintenance, liens and other payments related thereto. Wife shall indemnify and hold Husband harmless for all matters related to her vehicles. 5. DIVISION OF REAL PROPERTY The marital residence at 1330 Indian Peg Road, Boiling Springs, Cumberland County, Pennsylvania was owned by Husband prior to the marriage. Wife relinquishes her right and interest in the marital home. Husband shall remain fully responsibility for the payment of the existing liens, mortgages, notes and taxes. Husband shall indemnify and hold Wife harmless from any liability on the marita_ home's liens, mortgages, notes and taxes. Husband relinquishes his right and interest in Wife's business, Reid's Instrument Shop, its assets and inventory. 6. MARITAL DEBTS Husband shall be responsible for all marital debts solely in his name and the mortgages and liens on or against the marital home. Wife shall be responsible for all marital debts solely in her name and debts related to her business. Wife shall not be liable for any debts related to the marital home. Husband shall 2 not be liable for any debts related to Wife's business. Each party agrees to indemnify and hold the other harmless for any debt that they are responsible for pursuant to this Agreement. 7. PENSION RETIREMENT ACCOUNTS AND LIFE INSURANCE Husband and Wife shall maintain their separate life insurance, pension and/or retirement accounts. Husband relinquishes any and all right and interest he may have in Wife's life insurance, pension or retirement accounts. Wife relinquished any and all right and interest she may have in Husband's life insurance, pension or retirement accounts. Wife shall remain the owner of the life insurance policy for Michaela. 6. CUSTODY The parties agree that they shall share Legal Custody with Wife having Primary Physical Custody of the child subject to Husband's periods of Partial Custody as set forth in the February 2, 2000 Order of Court or as mutually agreed. Each party agrees to inform the other of the major parenting decisions affecting the child's health, education and welfare. Each party shall give a minimum of 60 days notice to the other of his or her intent to reside outside the Commonwealth of Pennsylvania. The parties shall strive to insure that each parent is permitted to maintain regular and meaningful contact with their child. Each party shall have the right to access the child's medical, educational and other records. The parties agree that the above custody arrangement may be changed by the mutual agreement of the parties or, if the parties are unable to agree, through legal action. 9. SUPPORT/ALIMONY/ALIMONY PENDENTE LITE The parties hereby waive, release, discharge and give up any rights either may have against the other to receive spousal support, alimony pendente lite or alimony. Husband shall pay Wife child support as determined by DRO or as mutually agreed. 10. FILING OF IRS RETURN Husband and Wife shall file separate tax returns. 11. DIVORCE Wife filed a complaint in divorce on December 6, 1999 in Cumberland County. The parties agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties shall promptly execute and allow to be filed the 3 documents necessary to obtain a no-fault divorce. The parties agree that this MSA resolves all the issues raised in the pleadings in this matter. Each party shall be responsible for their respective attorney fees and costs. 12. INCORPORATION This agreement is to be incorporated into any subsequent Decree in Divorce. 13. CONTINUED COOPERATION The parties agree that they will within fifteen days after the execution of this agreement, or request of the other party, execute any and all written instruments assignments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this agreement. 14. BREACH If either party breaches any provision of this agreement, the other party shall have the right, at his or her election, to take legal action, including seeking specific performance or damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 15. VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 16. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator/executor of the other's estate. 4 I- M `1 17. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 18. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities as this agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 19. PRIOR AGREEMENTS It is understood and agreed that any prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void. 20. ENTIRE This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 21. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 22. APPLICABLE LAW This agreement shall be construed under the laws of the commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties set their hands n seals !?. /k,1,1c-L. , l0-6 Tcioa ss Date 'illiam M. Anderson ?c /o aEroo Witne s Date 4najinia L. Anderson 5 Commonwealth of Pennsylvania: SS County of C40wbCAoii4 PERSONALLY APPEARED BEFORE ME, this 6 day of this OC40ber, 2000, a notary public, in and for the Commonwealth of Pennsylvania, William M. Anderson, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARIAL SEAL Public 111 Poo M?o DENISE PINAMONTI, Notary ?.? Carlisle Borough, Cumberland County scion E>< lres Nov,2o. 2000 No.ta y Public Commonwealth of Pennsylvania: : ss County of 61- ,41BF.KLAND PERSONALLY APPEARED BEFORE ME, thisab'4day of this OcAil r 2000, a notary public, in and for the Commonwealth of Pennsylvania, Virginia L. Anderson, known to me (or satisfactorily proven to be) and the person whose name is subscribed to the within agreement herein acknowledged that she executed the same for the purposes contained. NOTARIAL SEAL Linda L. Willis, Notary Pubic Cumberland Borough of Mechanicsburg, Canty My Commission Expires Sept. 11, 2003 Notary Public 6 ... .... ???._ af.M{ VIRGINIA L. ANDERSON, PLAINTIFF V. WILLIAM M. ANDERSON, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 7320 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On December 8, 1999 by U.S. Mail, restricted delivery. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff, October 16, 2000; By Defendant, October 6, 2000. 9. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on November 3, 2000. Date Defendant's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on October 11, 2000. 0/./2?rriar? !?. JC10u.Gd Thomas D. Gould, Esquire Attorney For Plaintiff al t {_L T J? ? co ZL: rij J n U VIRGINIA L. ANDERSON, PLAINTIFF V. WILLIAM M. ANDERSON, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN NO. 99 - 73a?d CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 VIRGINIA L. ANDERSON, PLAINTIFF V. WILLIAM M. ANDERSON, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN NO. 99 - 7300 CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Virginia L. Anderson who resides at 323 Old Stone House Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Defendant is William M. Anderson who resides 1330 Indian Peg Road, Boiling Springs, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 9. The Plaintiff and Defendant were married on 05/29/93 in Steamboat Springs, CO. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in* counseling. 9. Plaintiff requests the court to enter a decree of divorce. CLAIM I Claim for Equitable Distribution of Marital Property 9. Paragraphs 1-9 are incorporated herein by reference hereto. 10. The Plaintiff and Defendant are owners of certain jointly owned property or other property which constitutes marital property. 11. WHEREFORE, Virginia L. Anderson requests this Court to enter an Order equitably dividing or assigning the marital property between the parties. CLAIM II Claim for Alimony, Alimony Pendente Lite, Spousal Support and Attorney Fees 12. Paragraphs 1-11 are incorporated herein by reference hereto. Ill 13. Virginia L. Anderson is without sufficient income and/or assets to support herself or pay attorney fees and is unable to fully support herself through appropriate employment. 14. Virginia L. Anderson requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE Virginia L. Anderson requests this Honorable court to enter an award of reasonable temporary or permanent support, alimony, APL and additional sums as they may become necessary from time to time hereafter until final hearing and permanently thereafter for attorney fees and other costs related to this action. -/-ZM'aI7 -,). " ?? Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4909, relating to unsworn falsification to authorities. Date:19 Qirginia L. Anderson VIRGINIA L. ANDERSON, PLAINTIFF V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 7321D CIVIL TERM WILLIAM M. ANDERSON, IN DIVORCE DEFENDANT AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 6, 1999. 2. 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 acknowledge that pursuant to Rule 1920.92(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 9909 relating to unsworn falsification to authorities. DATED: 10 16-ZOOV k/'' Virginia L. Anderson 71 - u'S? O L1C " aC t :i VIRGINIA L. ANDERSON, PLAINTIFF V. WILLIAM M. ANDERSON, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 732D CIVIL TERM 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 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: Z6zoey L'A`M ?- Virg n a L. Anderson CC) N E tt?: r .. = Lq ? sC - . C i`J2 o U VIRGINIA L. ANDERSON, Plaintiff V. WILLIAM M. ANDERSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : CIVIL ACTION -LAW : NO. 99-7320 CIVIL TERM : 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 4904 relating to unsworn falsification to authorities. Date: 10 William M. Anderson, Defendant iI ?' • r. ? . ^' 'LQ T 1 ??. C. .FLU n. n _a .? ? rJ VIRGINIA L. ANDERSON, Plaintiff V. WILLIAM M. ANDERSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA CIVILACTION-LAW NO. 99-7320 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on December 6, 1999. 2. The marriage of Plaintiff and Defenc•gnt 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 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 unworn falsification to authorities. / / // Date: l0 - 6' - Z Om William TA. Anderson, Defendant ? + ' ' l J `_) .+ ? _ iil _ ? ? "'J i - _. ? - ..' `? '? j' - r- •.l u - L ?(_ __ p -? L? c U 1. KN?j i t I I ) I I ? ;r I m SENDER: _ I also wish to receive the follow- w o carnptoto horns i an.. 2 for additional seMoos. Ing services (for an extra fee): 1 Cwplele Items 3.4a, and 4b. I D Print your name and address on IM reverse of Ws torn so thal we wn mtum this of "to to you. s u 1 ha if I the back if space does her e o Aeach Wslormlothofmtot mapew, or on Perrot. 2. Q(Reslrlcted Delivery • 0 Write -Retum Roo'elpt Requested-on the mailpiew below the article number a ? 13 The Return Rocoipt will show to whom the snide was delivered deGvored and the date p ss = . 3. Article Addressed lo: 4a. Atlidequm?er Z SS3 23/ D2/ m ?q (/?/p /?(wM K- i7q^ri'!v'r m ' 'a E 4b. Service Type I . k e e C Ae9 24 l130 T.rd(w. 0 Registered QCenilied ¢ " Q . 4 ? Express Mail Olnsured di El COD S H 1 , t 4 7 se ? Return Receipt for Merchan .. € ` ? 7. Date of Delivery '• 8 r ' S. Received By: (Pdnt Nam J B. Addressee's Addr%13? myll requested and fools paid) m t 1 . w t 11,E M € }. , . y ,:. 9 6. Signal lUre ddresse0 o enf) . .: • 0 . N I: PS orm 17, December 1994 Domestic Return Receipt tmssssssAZZ3 I i . 1 I , 'YI S I t 1 j I I .' t I Le•:S. i 11.l UNITED STATES POSTAL SERVICE usps G-10 - • Print your name, a dress, and. IP 7in,,this ox ti o_? - t ? t J? IrPMa?tTo?"1 r /'? 12 y ! ( i i, !i VIRGINIA L. ANDERSON, PLAINTIFF V. WILLIAM M. ANDERSON, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 732D CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by depositing the same in the United States mail, certified, restricted delivery, on December 6, 1999 pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the postal return receipt attached hereto, the Complaint was received by the Defendant on December 8, 1999. /h,Mfvs ? . u Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 n cn z --D 4 O CD U VIRGINIA L. ANDERSON, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 -7320 CIVIL TERM WILLIAM M. ANDERSON, IN DIVORCE DEFENDANT. AFFIDAVIT OF INTENTION TO RESUME PRIOR SURNAME COMMONWEALTH: OF PENNSYLVANIA COUNTY OF CUMBERLAND VIRGINIA L. ANDERSON, being duly sworn according to law, deposes and says that she is the Plaintiff in the above-captioned divorce action in which a final decree from the bonds of matrimony was entered and she hereby elects to resume her prior surname of VIRGINIA LOUISE REID and, therefore, gives this written notice avowing said intention, in accordance with n701 . of the Act of November 15, 1972, P.L. 1063, 54 PA.C.S.A. 704. //I/?1?L •I ?L?/1?(?L?'QJl/Jc?Ilr VIRGIN LOUISE ANDERSON To be known as ?? 21'1'?G?ZIC? ??L•til-? 9d?l VIRdINIA LOUISE REID Sworn and subscribed to before me this day /o/f044,LCJL-' , 2001. /NOTARIAL SEAL CARETH E. MARSLAND, Notary Public Borough of Cadisle, Cumberland County My Commission Expires Aug. 11, 2003 ;: ?i n ?> •- ??? ? ?:._ ?_ ,- -_ ?? -- - - `? :_; ?? y ,;. ".