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HomeMy WebLinkAbout03-3714DON~tLD S. SIEKEI~4~N, : PLAINTIFF : SHARON L. AGRESTA-SIEKEP~, : DEFENDANT : IN THE COURT OF CO~ON PLEAS ~ COUNTY, PENNSYL~I~NIA NO. 03- IN DIVORCE NOTICE TO DEFEND ~ 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 NOTICE OF_ AVAII2~BILITY _0~ COUNSELING TO THE WITHIN~NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(c) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. Ail necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. DONALD S. SIEKE~%La.N, : PLAINTIFF : SHARON L. AGRESTA-SIEKEI~La-N, : DEFENDANT : IN THE COURT OF CO~ON PLEAS ~ COUNTY, PENNSYL~NIA IN DIVORCE COMPLAINT UNDER SECTION 3301(C) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE North Walnut Street, Mechanicsburg, 17055. 2. The Defendant is at 6301 Huntingdon Street, The Plaintiff is Donald S. Siekerman who resides at 409 Cumberland County, Pennsylvania Sharon L. Agresta-Siekerman who resides Harrisburg, Dauphin County, Pennsylvania 17111. 3. The Plaintiff and Defendant have been a bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 1989 in 5. August 28, 6. between 7. 8. The Plaintiff and Defendant were married on September 9, Dauphin County, Pennsylvania. The parties have been living separate and apart since 2001. There have been no prior actions of divorce or annulment the parties in this or any other jurisdiction. The marriage is irretrievably broken. There were where no children born of this marriage. 9. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 10. The Plaintiff has been advised of the counseling and that Plaintiff may have the right the Court 10. divorce. availability of to request that require the parties to participate in counseling. Plaintiff requests the court to enter a decree of 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 4904, relating to unsworn subject to the penalties of 18 Pa. C.S. falsification to authorities. -~ Siekerman MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ~mT~ d ~ ~-' and between Sharon L. Aaresta~C~_ °I,~ ~(Y , 2003, by .... ~==m=u, ~nerei~after referred to as "Wife") and Donald S. Siekerman, (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on September 9, 1989; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they have lived separate and independent lives since August 28, 2001; and WHEREAS, no children were born of this marriage; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending hereby do covenant and agree as follows; 1. SEPARATION to be legally bound 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 on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE. 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. 3. DIVISION OF PERSONAL PROPERTY The parties have agreed to dlvide between them and already have divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property that heretofore have been used by them in common. Neither party will make any claim to any such items which are now in the possession or under the COntrol of the other. 4. AUTOMOBILEs Husband shall have all right and title to his 1995 Ford Bronco. He shall maintain insurance on his vehicle and be responsible for any and all maintenance, lJ. ens and other payments related thereto. Husband shall indemnify and hold Wife harmless for all matters related to his vehicle. Wife shall have all right and title to her 1995 Buick Century and shall maintain insurance on her vehicle 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 vehicle. 5. DIVISION OF ILEAL PROPERTy The marital home located at 63(]1 Huntingdon Street, Harrisburg, Dauphin County, Pennsylvania shall become the sole property of Wife and she shall own it in fee simple. Husband shall sign a deed transferring his interest in the marital home to Wife. The real estate is Owned free and clear of mortgages. Its value exceeds $70,000.00. Wife shall have full responsibility for all maintenance, taxes, utilities and other expenses related to the former marital home. Wife shall indemnify and save Husband harmless from any liability for expenses related to the former marital home. 6. FINANCIAL ACCOUNTs, STOCKS, BONDS AND INVESTMENTS The parties have equitably divided their respective financial accounts, stocks, bonds, joint ventures, businesses and other investments. Each party shall mair~tain their separate accounts and investments and hereby release any interest they may have in the other s accounts, stocks, bonds, joint ventures, businesses, real estate or other investments. 2 7. PENSIONS/RETIREMENT Husband has a pension through his years of employment with the Mechanicsburg Police Department that pays him approximately $1,200.00 per month. He has contributed to a 401(k) through his current employer, Pennsylvania Motor Truck Association. Wife has a disability pension through her years of employment with the Mechanicsburg Police Department that pays her approximately $ per month. Wife has a pending disability claim through the Social Security Administration. Husband and Wife shall maintain their separate pension and/or retirement accounts. Husband relinquishes any and all rights he may have in Wife's pension or retirement accounts. Wife relinquishes any and all rights she may have in Husband's pension cr retirement accounts. 8. MARITAL DEBTS The parties filed bankruptcy in October 2001 and all debts were discharged. There are no joint debts. Husband shall be responsible for all post-petition marital debts solely in his name and Wife shall be responsible for all post-petition marital debts solely in her name. Wife shall be liable for all taxes, utilities and expenses related to the marital home. Husband and Wife shall indemnify and hold the other harmless for all debts incurred in their name. 9. ALIMONY Each party hereby waives, releases, discharges and gives up any rights either may have against the other to receive support, alimony pendente lite or alimony. Each party agrees that they have sufficient income to maintain their current standard of living. i0. MEDICAL INSURANCE Husband shall pay Wife's COBRA medical insurance coverage payments until she is eligible to secure he~ own medical insurance coverage either through her employment, spouse, medical assistance or medicare. However, Husband's liability for Wife's COBRA medical insurance premiums shall not exceed three {31 years. Wife shall be solely responsible for any co-payments or deductible related to her medical insurance coverage. Husband shall not be liable for any expenses related to Wife's medical treatment, except for the payment of Wife's COBRA medical insurance coverage. Husband agrees to continue to cover Wife under his employer's medical insurance until the Decree in Divorce is issued. 11. JOINT FILING OF IRS P~ETDI~N Husband and Wife agree to file separate tax returns for tax year 2003 and in all subsequent years. 12. DIVORCE Husband shall file a Complaint :in Divorce in Cumberland County, Pennsylvania. The parties agree to cooperate with each other in obtaining a final divorce of the marriage under section 3301(c) or(d) of the Divorce Code. The parties shall execute the Affidavit of Consent and Waiver of Notiee and any other forms required to obtain a Decree in Divorce. Husband's attorney shall be responsible for preparing and filing the documents necessary to obtain a Decree in Divorce. 13. INCORPORATION INTO DIVORCE DECREE This agreement is to be incorporated into any subsequent Decree in Divorce. 14. CONTI~u'ED COOPERATION The parties agree that they will within fifteen days after the execution of this agreement, or fifteen days of the request by a 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. 15. BP~EACH If either party breaches any provision of this agreement, the other party shall have the right, at his or her election, to sue for 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. 16. VOLUNTARy AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair ~nd.equitable, that it is being entered into vo . ' · t is not the result ~ .... , luntarlly, and that .... .v~ =~y uu~ess or. unaue influence. Each party nas na~ t~e opportunity to review this agreement and consult with an attorney of their choice. 17. 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 or executor of the other's estate. 18. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 19. 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 acreement of either party to insis+ ...... = . The failure · ~ upon sErlc5 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. 20. PRIOR AGREEMENTS It is understood and agreed that any and all 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 and of no affect. 21. ENTIRE AGREEMENT 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. 22. 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. 23. A~PLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties :~et thei a ~s d seals Witnesslr /v - ~6nald~Sr. ~e~rman Sharon L. Agr~sta-Siek~rman Commonwealth of Pennsylvania: County of : ss PERSONALLY APPEARED BEFORE ME, this '~gday of this ~ , 2003, a notary public, in and for the Commonwealth of Pennsylvania, Donald S. Siekerman, 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. Commonwealth of Pennsylvania: County of : ss Notar] ~'uBi ic PERSONALLY APPEARED BEFORE ME, this ~day of this ~ , 2003, a notary public, in and for the Co--or[wealth of Pennsylvania, Sharon L. ~res~-Sieke~an, known to me {or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. Nota~ ]?uSlic 6 Cathy L Young~ood, NO~..F~I:~ DON~?.~ S. SIEKEP~MAN, : PLAINTIFF : SHARON L. AGRESTA-SIEKERM~N, : DEFENDANT : IN THE COURT OF CO~ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-3714 IN DIVORCE AFFIDAVIT QF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 1, 2003. 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 acknowledge requirement the decree. I verify that intention to request entry of the decree. I that pursuant to Rule 1920.42(e) I have waived the that I receive notice of intention to request entry of 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. DON~?.~ S. SIEKERMAN, : PLAINTIFF : v. : NO. 2003-3714 SHARON L. AGRESTA-SIEI~ltM~, : IN DIVORCE DEFENDANT : IN THE COURT OF CO~ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 1, 2003. 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 1920.42(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 4904 relating to unsworn falsification to authorities. DATED: DON;~?.n S. SIEKEBMAN, PLAINTIFF S~ONL. AGRESTA- S IEKERMAN, : DEFENDANT : IN THE COURT OF CO~ON P?.~-~S ~ COUNTY, PENNSYLVANIA NO. 2003-3714 IN DIVORCE WAIVER OF NOTICE OF IN~_~_TION TO FEOUEST ENTRY OF A DIVOmCE DECREE UN~R 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. DONALD S. SIEKEP~MAN, PLAINTIFF IN THE COURT OF COI~40N PLEAS C%~4BERLAND COUNTY, PENNSYLVANIA v. : NO. 2003-3714 SHARON L. AGRESTA-SIEKERM~N, : IN DIVORCE DEFENDANT : WAIVER OF NOTICE OF IN__~_TION TO REOUEST ENTRY OF A DIVO~C~ DECREE ~nKR SECTION 3301{c) OF THE DIVORCE CODF 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 4!)04 relating to unsworn falsification to authorities. SHARON L. AG~STA-SIEKERMAN DON~?~ S. SIEKERM~N, : PLAINTIFF : v. : NO. 2003-3714 SHARON L. AGRESTA-SIEKERM~N, : IN DIVORCE DEFENDANT : IN THE COURT OF CO~ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AFFIDAVIT OF SERVIC~ 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 on August 1, 2003 pursuant to Rule 1920.4 of' the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the signed Acceptance of Service attached hereto, the Complaint was received by the Defendant on August 5, 2003. Thomas ID. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA (717) 731-1461 17011 DONALD S. SIEKEBMAN, PLAINTIFF SHARON L. AGRESTA- S IEKERMAN, : DEFENDANT : IN THE COURT OF CO~4ON P?.mAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-3714 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 August 5, 2003 by Acceptance of Service. Section 2003; 4. 5. was was Date of execution of the affidavit, of consent required by 3301(c) of the Divorce Code: By Plaintiff, November 6, By Defendant, November 6, 2003. Related claims pending: None Date Plaintiff's Waiver of Notice in ~ 3301(c) divorce filed with the Prothonotary on November 10, 2003. Date Defendant's Waiver of Notice in ~ 3301(c) divorce filed with the Prothonotary on November 10, 2003. Thomas D. Gould, Esquire Attorney For Plaintiff IN THE COURT Of COMMON PLEAS DONALD S. SIEKERMAN, Plaintiff Of CUMBERLAND COUNTY STATe OF ~~.. PENNA. VERSUS SHARON L. AGRESTA-SIEKERMAN, Defendant NO. 2003-3714 CIVIL DECREE iN DIVORCE DECreed THAT DONALD S. SIEKERMAN , PlaiNtiff, AND SHARON L. AGRESTA-SIEKERMAN , 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 JULY 29, 2003 IS HEREBY INCORPORATED INTO THIS DECREE IN ~IVORCE.