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HomeMy WebLinkAbout03-4121Darryl L. Paulus, Plaintiff Kimberly D. Paulus, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 03- fl~/-z.~ CIVILTERM : : 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 will proceed without you and a decree in divorce or annulment may 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 First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Darryl L. Paulus, Plaintiff Kimberly D. Paulus, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03- /-{/Al CIVIL TERM : : CIVIL ACTION - LAW :IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Darryl L. Paulus, an adult individual, currently residing at 2147 C Newville Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Kimberly D. Paulus, an adult individual, currently residing at 2147 C Newville Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on June 7, 1996, in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. 9. 10. Plaintiff and Defendant are citizens of the United States of America. The parties' marriage is irretrievably broken. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. Respectfully Submitted TURO LAW OFFICES Date Robert J. Mdlderig, Esquir'~ 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 ^ttorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Divorce 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. Date Darryl P~ulus Darryl L. Paulus, Plaintiff Kimberly D. Paulus, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03- (~/~-~ CIVIL TERM : CIVIL ACTION - LAW 'IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Divorce Complaint filed in the above captioned case upon Kimbedy Paulus, by certified mail return receipt requested on August 27, 2003 addressed to: Kimberiy Paulus 2147 C. Newville Road Carlisle, PA 17013 and did thereafter receive same as evidenced by the attached Post Office receipt car( dated August 30, 2003. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date TURO LAW OFFICES ~~M~~Esq:ire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Postmark Here SENDER: [3 Complete items 1 and/or 2 for additional services. Complete items 3, 4a, and 4b. D Pdnt your name and address on the reverse of this form so that we can return this ca d to ou El Altech t~is form to the front of the maJlpiece, or on the back space does net [] Wdte "Return Receipt Requested" on the mailpiece betow the ar[icle number. [3 The Return Receipt will show to whom the adicle was delivered and the date delivered. a so w~sh to race ve the follow- ing services (for an extra fee): 1. [] Addressee's Address 2.t~Restdcted Delivery _. 3. Article Addressed to: 5. Receiv~ By: (Print Nam~ ~ 6. SiQ~ture (Addregsee or Ag~) . - ~S Form381~ ~r-l~4 4a. Article Number 4b. Service Type [ [] Registered '~ertified L~.Express Mail [] Insured ['~ Return Receipt for Merchandise []COD 7. Date of I¥1ive~J i 8. Addr~se~'s/~idress (Only if requested and fee is pa d) 102595-99-B~)223 Dort*~llc Return Receipt Darryl L. Paulus, Plaintiff Kimberly D. Paulus, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-41-21 CIVIL TERM CIVIL ACTION - LAW : IN DIVORCE SEPARATION AGREEMENT AND PROPERTY SETTLEMENT This Agreement, made and entered into this ! 21 day of Oc'~0[ $F ,2003, between Kimberly D. Paulus, of 2147 C Newville Road, Carlisle, Cumberland County, Pennsylvania, herein referred to as "Wife," and Darryl L. Paulus, of 2147 C Newville Road, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Husband." WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on June 7, 1996, in Cumberland County, Pennsylvania; WHEREAS, there have been no children bom of'this marriage between Husband and Wife. WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights regardless of the actual separation or other character thereof and their other rights, including the Wi fe's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by Husband and all of her rights of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to counsel fees, or expenses and, other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtsey, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Power and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in property or estate of the other, and to that end both parties waive, relinquish and forbear the rights of dower of curtsey, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though married, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of tlfis Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution or roamed property ordered by the Court subsequent to Section 35(}2 of the Divome Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenance, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Distribution of Marital Assets. a. The parties have divided their personal property as to their mutual satisfaction. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarried. b. The parties agree that the 2001 Ford Ranger shall be the sole and exclusive property of the Husband and the 2000 Ford Focus shall be the sole and exclusive property of the Wife. The parties, upon execution of this agreement by both parties, shall execute all necessary paper work to transfer the respected titles to the respective 3 parties. The parties shall assume all fee, maintenance, cost and insurance bills on said automobiles and will identify and hold harmless the other party fi.om any liability foresaid automobile. There is currently a $9,400.00 lien on Wife's 2000 Ford Focus. The Husband agrees to assume that liability and indemnify and the Wife harmless therefrom. c. Personal effects. All items of personal effect such as but not limited to jewelry, luggage, sports equipment, hobby collections and books but not including furniture or any other property, personal or otherwise specifically disposed of pursuant to this Agreement shall become the absolute and sole property of the party who has had the principal use thereof or tow whom the property was given or fi.om whom it was pumhased, and each party hereby surrenders and interest he or she may have in such tangible personal property of the other. 5. Debt. The parties only have currently two outstanding marital debts the lien on the Ford Focus which will be assumed by the Husband and the mortgage with M & T bank on the marital residence on 2147 C Newville Road, Carlisle, Pennsylvania. The Husband agrees to refinance the mortgage into his own name and be solely responsible of the said mortgage. 6. Future Debts. The parties further agree that neither will incur any more future debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 7. Real Property. The parties agree that the real property located at 2147 C Newville Road, Carlisle, Cumberland County, Pennsylvania shall be transferred into the name of the Husband. There is a current mortgage on the: said property with M&T Bank. The Husband agrees to refinance the property, payoff the current mortgage and pay onto the Wife $11,500.00 at time of closing. This party shall execute all documents concerning the transfer of the title to the Husband. Alimony. The panics hereby agree to waive any claim of alimony against the other Pension. The parties hereby agree to waive any claim that they have in the other parties 401K's or other pension programs. 10. Bank Account. There are two bank accounts one checking account with P&N Bank 4 and the other a savings account with Members First in the Husbands name. Wife hereby waives any claims to those accounts. Any bank accounts that may be solely in the Wife's name shall be the sole and exclusive property of the Wife. 11. Counsel Fees and Court Costs. Each party agrees to pay their own attorney fees and cost incurred in the preparation of this document, as well as the preparation and filing of the divorce action captioned at 2003 - Civil Term and the Custody Order filed at the same number. If either party incurs any other legal fees or court costs, those costs will be borne by the party exclusively. 12. Divorce. The parties acknowledge that an action for divorce between them has been filed by Husband and is presently pending a divorce between them in the Court of Common Pleas of Cumberland County to the caption Darryl L. Paulus v. Kimberly D. Paulus, 2003- Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledged they have executed simultaneously herewith the necessary Affidavits of Consent for the entry ora final divome decree in that action. 13. Breach. In the event that either party breaches any provision of this Separation and Property Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other ;and additional remedies as may be available to him or her. 14. Enforcement. The parties agree that this marital settlement agreement or any part or hereof may be enforced in any Court of competent jurisdiction. 15. Applicable Law and Execution. The parties hereto agree that this Marital Settlement Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. shall be executed as original and multiple copies. 16. The Entire Agreement. The parties acknowledge and agree that this Marital 5 Settlement Agreement contains the entire tmderstanding of the parties and supersedes any prior agreement between them. There are not other representatives, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 17. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or things that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESSES: Darryl L. Paulus Kimberly 1~. Paulus 6 Darryl L. Paulus, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-41-21 CIVIL TERM Kimberly D. Paulus, Defendant : CIVIL ACTION - LAW :IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on i August 22, 2003. : 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninetyi (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice! of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREINi ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date L.C'P u u's- - WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER .~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. ! understand that I may lose rights concerning alimony, division o 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 THE FOREGOING 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. Date Darryl L. Paulus, Plaintiff Kimberly D. Paulus, Defendant : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-41-21 CIVIL TERM · CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on August 22, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice o: Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. Date Kimberly ~Oaulus .WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODF 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 THE FOREGOING 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. Date 'mberly D~. Paulus Darryl L. Paulus, Plaintiff Kimberly D. Paulus, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-41-21 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 ent of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under § (3301(c)) of the Divorce Code. 2. Date and manner of service of the complaint: Certified, Returned Rece mail delivered on or about September 8, 2003. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code. By Plaintiff: January 6, 2004 4. Related claims pending: None. Date the Waiver of Notice in §3301(c) Prothonotary: By Plaintiff: By Defendant: January 6, 2004 divorce was January 9, 2004 filed with By Defendant: January 9, 2004 Robert J. 'M~__ ' Ideng, Esqu~C,.e/ Attorney for Plaintiff INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. darryl L. Paulus Plaintiff VERSUS Kimberly D. Paulus Defendant NO. 03-41 ~21 DECREE IN DIVORCE , IT IS ORDERED AND DECREED THAT Darryl L. Paulus _, PLAINTIFF, AND Kimberly D. Paulus .,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; Separation Agreement and Property Settlement is incorporated but not merged herein ATTEST: PROTHONOTARY