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HomeMy WebLinkAbout07-2800S.. KARIN MILLARD SPROW, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. p7 - o~ sG~ MICHAEL ALAN SPROW, :CIVIL ACTION -DIVORCE Defendant :ASSIGNED TO: 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 action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. 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 by the Court 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. When the grounds 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 the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17103. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17103 1-800-990-9108 717-249-3166 J. KARIN MILLARD SPROW , Plaintiff vs. MICHAEL ALAN SPROW, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -.DIVORCE ASSIGNED TO: COMPLAINT IN DIVORCE Plaintiff, pro se, respectfully represents: Plaintiff is Karin Millard Sprow, who currently resides at 3407 Hawthorne Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Michael Alan Sprow, who currently resides at 4812 Franklin Street, Harrisburg, Dauphin County, Pennsylvania 171 1 1. 3. Both Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on June 29, 1996, in Berks County, Pennsylvania. 5. The marriage is irretrievably broken. 6. 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. 7. There have been no prior actions for divorce or annulment between the parties. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. J. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce. Respectfully submitted, Karin Millard Sprow Plaintiff 3407 Hawthorne Drive Camp Hill, PA 1701 1 4 VERIFICATION I, Karin Millard Sprow, verify that the statements made in this Petition are true and correct to the best of my knowledge, belief and understanding. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 5 ~ CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the attached document, including the Notice to Defend, was served by hand delivery. on the following person: Michael Alan Sprow 4812 Franklin Street Harrisburg, PA 17111 Date: 5 1 0 By: Karin Millard Sprow Plaintiff 340.7 Hawthorne Drive Camp Hill, PA 1701 1 0 N w `~ n J! ~_,., CQ ~ -.. i> t rv --.i =;,w --C C1J 'i7 N N fV Q '~°1 ~i; _, t"- t~` -- "! .~? C~ t 5G3 -~G KARIN MILLARD SPROW , Plaintiff vs. MICHAEL ALAN SPROW, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. o' - ~ 8"00 CIVIL ACTION -DIVORCE ASSIGNED TO: , J. 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 §3301(c) of the Divorce Code was filed on May 8, 2007. 2. The marriage of Plaintiff and Defendant 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 without further notice. 4. 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. 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. 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. D t_~ L Karin M. Sprow Plaintiff 3407 Hawthor e Drive Camp Hill, PA 17011 C`? ~ ~ ~. ` ~~ ~ . ~ a ~ p - E...-„ ~ , ~ a ~~ ,~ _ _7 ~ '., S t ri ~r-' ~ , j ~ - ~ i ~ 4'~ r ` _... Y ~ ~ ./ ~ t i p , r n s ~. ~ KARIN MILLARD SPROW , Plaintiff vs. MICHAEL ALAN SPROW, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. p~ - agoo CIVIL ACTION -DIVORCE ASSIGNED TO: __ , J. DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE A Complaint in Divorce under §3301(c) of the Divorce Code was filed on May 8, 2007. 2. The marriage of Plaintiff and Defendant 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 without further notice. 4. 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. 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. 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. ~ 07 Date Mic el A. Sprow, Defendant 4812 Franklin Street Harrisburg, PA 171 1 1 C'3 +~.' ~= ~` ,~ % i t ", ". .a yam" , , ~~~ .a.. -e~; ~^ .~., r..~. ~ E ~• fs,. ~. 1 ~~ Y~ ~r;r• - --..- ~~ -~" A G'C v7-asap MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made and concluded this day o.f 1~ , 2007, by and between KARIN MILLARD SPROW, of 3407 Hawthorne Drive, Camp Hill, Pennsylvania, 17011 (hereinafter referred to as "Plaintiff"), - AND - MICHAEL ALAN SPROW, of 4812 Franklin Street, Harrisburg, Pennsylvania 171 11 (hereinafter referred to as "Defendant") WITNESSETH: WHEREAS, the parties have been legally married since June 29, 1996, and lived as husband and wife; and WHEREAS, certain unfortunate differences have arisen between the parties which have caused them to live separate and apart and to discontinue the marriage relationship; and WHEREAS, it is the desire of both parties to finally and for all time settle and determine their property rights and all other rights between them growing out of the marriage relationship; 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 of all times hereafter to live separate and apart from each other and at such place or places as he or she may from time to time choose or deem fit. However, both parties agree not to move farther than 30 miles from where the other party resides until after both of the parties' children have reached the age of majority on January 11, 2021. 2. Plaintiff's Debts: Plaintiff represents and warrants to Defendant that she will not contract or incur any debt or liability for which Defendant or his estate .might be responsible and shall indemnify and save harmless Defendant from any and all claims and demands made against him by reason of debts or obligations incurred by Plaintiff. . 3. Defendant's Debts: Defendant represents and warrants to Plaintiff that he will not contract or incur any debt or liability for which Plaintiff or her estate might be responsible and shall indemnify and save harmless Plaintiff from any and all claims and demands made against her by reason of debts or obligations incurred by Defendant. 4. Personal Property: Plaintiff shall retain the blue Subaru Outback automobile, and Defendant shall retain his black Nissan Frontier automobile, each being solely responsible for their respective payments, debts, and insurance on same. The parties agree that much of the remaining personal property and furniture has already been divided between them and each hereby acknowledges that he or she is satisfied with said distribution. The parties agree to further cooperate with each other to equitably divide the remaining personal property. 2 5. Additional Assets: Each party hereby waives any interest or claim he or she may have in any other stocks, bonds, mutual funds, checking accounts, savings accounts, cash or other financial assets that the other party may own. 6. Financial Obli4ations: Plaintiff agrees to pay the balance owed on her Chase Credit card with account number ending in 4360. Neither party has created a financial obligation to which the other is currently a party and all financial obligations each party has shat! remain his or her own financial obligations and the other party shall have no responsibility or liability to pay any creditor of the other. - 7. Real Estate: The parties agree that the real estate located at 3407 Hawthorne Drive, Camp Hill, Pennsylvania, may be occupied by Plaintiff and the parties' two children. While occupying the property, Plaintiff will be responsible for all general maintenance of the property. The parties agree that both their names will remain on the title/mortgage unless and until relevant interest rates fall to a level that would allow the parties to refinance the home without incurring more than minimal costs. Should that occur, the parties agree to refinance the existing mortgage so that Defendant's name is removed from same. For the immediate future, the parties will be jointly responsible for all mortgage payments, taxes, and insurance on the property, with Defendant contributing at least 850 thereto. Plaintiff agrees that as of September 1, 2009, she will obtain sufficient employment to-allow her to contribute at least 500 of the costs of all mortgage payments, taxes, and insurance on the property. As of .one 15, 2021, and until. such date as the property may be sold, Plaintiff will be solely responsible for the costs of all mortgage payments, taxes, and insurance on the property. Should the property be sold at any time, 3 Plaintiff will be responsible for all costs involved in that process; Defendant relinquishes any claim to any portion of the proceeds of the sale. 8. Mutual Releases: Subject to the provisions of this Agreement, each party has released and discharged and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other from all causes of action, claims, rights, or demands whatsoever in law or equity, which either of the parties ever had or now has against the other. 9. Waiver of Claims against Estates: Except as otherwise provided herein, the parties hereto may dispose of their property in any manner desired by such party, and each party hereto hereby waives and relinquishes any and all rights that he or she may. now have or hereafter acquire under any present or future law in this or any other jurisdiction to share in the property of the estate of the other as a result of the marital . relationship of the parties hereto, including without limitation any dower, curtesy, statutory allowance, family exemption, right to take in intestacy, including any rights under the Probate, Estates and Fiduciaries Code or any similar law now or hereafter in effect, right to fake against fhe will of the other, and each party hereto agrees at the request of the other to execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such rights, interests, and claims. 10. Subsequent Divorce: As of the date of this agreement, Plaintiff has filed a complaint for a no fault .divorce. The parties agree that the terms of this Agreement shall be incorporated in the final Divorce Decree. Both parties agree to waive any right to marriage counseling 4 and to execute affidavits of consent ninety. (90) days after the .filing of the complaint. The parties shall split the costs of the divorce. 11. Support: The parties agree to cooperate in making sure that Plaintiff's financial support needs are fulfilled for a reasonable period of time while she takes the necessary steps to obtain sound employment and acquire the financial resources to support herself. For the immediate future, Defendant will continue to contribute to Plaintiff such portion of Defendant's income as is necessary to feed and shelter Plaintiff, and to cloth, feed and shelter the parties' two children. The parties agree to cooperate in making sure that other miscellaneous expenses related to the care of the children are met until they reach the age of majority. The parties' two children will continue to be covered under Defendant's health insurance. Plaintiff agrees to continue to pay for whatever classes are necessary to help her obtain employment, and to use whatever income remains from her employment (teaching or other) to contribute to the cost of her necessary clothing, household expenses, and health care. Plaintiff agrees that as of September 1, 2009, she will obtain sufficient employment to allow her to contribute 100% of the costs of supporting herself and at least 50% of the costs of supporting the parties' two children until they reach the age of majority. 12. Life Insurance: Neither party will now or hereafter assert any claim against the other party or the other party's estate for any life insurance which such other party may now or hereafter have. This provision does not prohibit either party from assuming a proper guardianship role of any funds that are disbursed to either or both of the parties' children as beneficiaries of a life insurance policy. 5 13. Retirement, Prot Sharing and Pension Plan: Neither party will now or hereafter make any claim against the other party for any retirement benefit, profit shaping benefit, or pension plan benefit which the other party may now or hereafter have. 14. ~ Assets and Liabilities: Both parties understand that pursuant to the Pennsylvania Divorce Code they have the right to require the other party to file in writing a detailed explanation of ali of that party's assets, liabilities, income and expenses, and each party waives his or her right to require the other party to file these documents. 15. Children: The parties agree to continue to cooperate in sharing custody of their two children without the need for strict rules imposed by the Court. 16. Breach; If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any action or actions in law or equity for such breach, and the breaching party shall be responsible for the payment of all costs and reasonable legal fees incurred by the other party in enforcing his or her rights under this Agreement. 17. Votuntary Execution: The parties understand and agree that this Agreement is being entered into voluntarily and that it is not the result of any duress or undue influence by either party upon the other and is made after good faith disclosure of all assets by both parties. 6 18. Entire Agreement: This Agreement constitutes the entire understanding and agreement between the parties hereto, and there are no other representations, warranties, covenants, understandings or agreements-other than those expressly set forth herein. 19. Amendment or Modification: This. Agreement shall not be amended or modified except by another writing duly executed by both of the parties hereto. 20. Binding Agreement: This Agreement shall. be binding on the parties hereto, their heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and signatures to this Agreement the day and year first above written. KARIN MILLAR~SPROW ' ° ~ ~^'"~ MIC AEL ALAN SPROW 7 r~ ~? -z3 .'.'~ { tr..- ~-~ l..--- _-: ~ Cs' .,.,,~ 1. ~ y4~ 1 7 ~~~ '- ~'_ r ~~, KARIN MILLARD SPROW , Plaintiff vs. MICHAEL ALAN SPROW, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. o7-a~oo CIVIL ACTION -DIVORCE ASSIGNED TO: , J. PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: l . Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: the Complaint of Divorce was served upon Defendant, Michael Alan Sprow, by hand delivery at Plaintiff's residence, 3407 Hawthorne Drive, Camp Hill, PA 1701 1, on May 7, 2007. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by Plaintiff, August 6, 2007; by Defendant, August 6, 2007. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: 6. Date Defendant's Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: d Da e Karin M. Sprow Plaintiff Date Mic gel A. Sprow, Defendant ~'~ ~ c:~ c~ --.,_r -ri ~? ~`~ '~' €-s'~ ~ ~~.~ c,~ .,,._s ,.., t `~ - , ___ -~.. , ~- ~3 ~7 + ~~ : :,~ ° I N 7'H E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ~1 ~J ~' +~~~ ~ ~~~ uJp T p~ VERSUS N~ICN~~ f}'~ 5~~9~ f ~Fe,~~~' No. ~~ - ~g~ DECREE IN DIVORCE ~~ IT 1S ORDERED AND AND NOW DECREED THAT ~>~ N NCI ~Ly+~~l~-~`.,,T~PWN/ PLA1 NTI FF, AND ~~~~ ~~r iF~f~ll~ 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 ENTE~D~ ~ ,rte '~li, co- c.~- 8 ~ .~.''"' ~J ~"~rI G0~ Ll - B