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HomeMy WebLinkAbout07-4154ROBERT DOWELL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v_ CIVIL ACTION -LAW NO. Q7-~/~Sy NANNETTE DOWELL, Defendant IN DIVORCE NOTICE TO DEFEND 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 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 Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LIND,S~Y SAIDIS, FIAWER &z LINDSAY ~•uw 2G West High Street Cazlisle, PA Attorney Id. 44~~J,3i 26 West High ~ree~ Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff s ROBERT DOWELL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW NANNETTE DOWELL, NO. Q.~_ ~/~ ~~ Defendant IN DIVORCE) COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Robert Dowell, an adult individual, residing at 92 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Nannette Dowell, an adult individual, residing at 1958B Fry Loop Avenue, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 18, 1992 in San Antonio, Bexar County, Texas. 5. There have been no prior actions of divorce or for annulment between the SAIDIS, IINDSAY uw 26 West High Street Carlisle, PA parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that he has the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with §3301 of the Pennsylvania Divorce Code. Respectfully submitted, SAIDIS, FLOWER ~ LINDSAY ~:~W 26 West High Street Carlisle, PA Dated: ~ (j ~'~ SAIDIS, FLO & ~~A. , Carof J. Lindsay, s Attorney Id. 446 26 West High Stree~ Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. obert Dowell Date: -"] (3 _~'~ SAIDIS, F7~OWER S~ LINDSAY ,~:uw 26 West High Street Cazlisle, PA ~ Q C. r~ _,:~ ~ ~ '7'1 C. ~.. ' - ~ (~l -' a - , C,.' 1 ~ , ,s '~ w~ c -.-~ , ~ -- o ~ _ ~ t~ _~ s ~ ~ A - . r~ c;~ ii ..~ °Q ~~ ROBERT DOWELL, IN THE COURT Ot= CO.MMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW NO.07-4154 NANNETTE DOWELL, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Nannette Dowell, accept service of the Complaint in Divorce in the above-captioned matter. Dated: ~ ~~~~~ ~-~ ~ 1 ~G ~(~~,~,~ l Nannette Dowell SAIDIS, FLOWER SZ LINDSAY ,vuw 26 West High Street Cazlisle, PA JUL 2 0 2007 ~ 7 t 'C~ L , ~ "~ }{ r. i t a !`.~ 'V~ _._i a ~ rq -. ;Y 7 ; r-- PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this _~ day of , 2007, between ROBERT DOWELL, of 92 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Husband, and NANNETTE DOWELL, of 19586 Fry Loop Avenue, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on July 18, 1992, in San Antonio, Bexar County, Texas; and R.2: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente life, custody of their minor children, counsel fees and costs and any and all claims and possible claims against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed 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 from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each parry shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. i (2) DIVORCE: The parties acknowledge that the man-iage is irretrievably broken. Husband will 1'lle a Complaint in Divorce and Wife will accept service of the Complaint. Within ninety (90) days of her acceptance of service of the Complaint, the parties will execute Affidavits of Consent and Waivers of Notice and Husband will promptly go forward to transmit the record and secure the Divorce Decree. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 92 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania. The parties are in agreement that it is not feasible to refinance the martial home at this time. Within ten days of its presentation to her, Wife will execute a special warranty deed conveying to Husband all her right, title and interest in the marital home. However, Husband will make all mortgage payments on the marital home and all other charges relating thereto including taxes, homeowners insurance and utilities and shall pay to Wife $6,093.00 at the occurrence of the first of the following: (1) Refinance of the marital home; (2) sale; or (3) the expiration of five (5) years from the date of this Agreement, at which time Husband will refinance the marital home. With regard to his undertakings herein, Husband will indemnify and hold Wife harmless against any Ions related to the marital home. (4) DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there are no obligations, other than the mortgage on the marital home, for which the other might be liable. Each party will individually pay any debt which he or she has incurred in his or her own name. In the event that any joint debts are discovered subsequent to the execution of this Agreement, the debts will be paid by the party who incurred the obligation. With respect to those joint debts, the parties will indemnify and hold the other harmless. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on January 12, 2007, the party who incurred said debt shall be z responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Husband will retain the 2004 Mazda 6 and the 1995 Ford Mustang. With regard to any such vehicles, Husband will pay any amounts due and owing for their purchase and will indemnify and hold Wife harmless on account of any claim regarding said vehicles. Wife will retain the 2002 Civic which is encumbered by a lien for which both parties are liable. Wife will make all payments on the 2002 Civic as they come due each month in their full amount. Once the Civic is lien-free, Husband will transfer the title of the vehicle to Wife only. In the event that Wife is unable or refuses to make said payments for two months consecutively, the parties agree that the Civic would be sold in order to pay off the lien. With respect to any payments due on the Civic, Wife indemnifies and holds Husband harmless. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to 3 the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. (8) CUSTODY OF CHILDREN: The parties agree that legal custody of their minor children, Chelsea Dowell, born March 6, 1993, and Makenzie Dowell, born November 14, 2001, shall be shared, with both parties having the right to make major parenting decisions affecting the children's health, education and welfare. The children will continue to reside primarily with Husband and will continue their enrollment in the Cumberland Valley School District. The parties will alternate weekends with the children from Friday after work until Monday morning, and Wife will have custody of the children on Monday and Tuesday overnight. Husband shall have custody of the children at all other times. The parties will share custody of the children on holidays as they can agree. The children will continue in before school care with Husband's mother providing such care. Husband's mother shall provide care for Makenzie after school as well. Exchanges of custodial time shall be at Husband's home before the custodial parent goes to work each day. After school or daycare, the custodial parent will pick the children up at Husband's home. Both parents agree that they will insulate the children from any disputes between the two of them and will do nothing to deprive the children of the love and respect they have for each party. (9) CHILD SUPPORT: The parties waive their right to seek child support for the children. The parties understand that child support is the right of the child and that their waiver many not be effective in the Court. Nevertheless, they agree that because each is providing for the children's needs during his or her custodial time, they will not seek child support. 4 (10) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (11) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Husband is represented by Carol J. Lindsay, Esquire and Wife has been advised that she may be represented by counsel of choice. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party will contribute equally to the costs of preparation of the Marital Settlement Agreement and the preparation and filing of the Complaint in Divorce. Wife will reimburse Husband for any expenses in that regard within ten (10) days of being presented with a statement for those expenses. (12) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (13) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, 5 interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (14) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (15) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (16) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (17) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all 6 of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (18) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (19) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (20) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (21) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shalt 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. (22) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. s (23) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: ~~~T~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Dowell Nannette Dowell ss On this, the 1~ day of ~ , 2007, before me, the undersigned officer ersonall appeared Nannette Do`Well, known to me (or satisfactorily proven) to be the P Y person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In Witness Whereof, I have hereunto set my hand and official seal. "'~~ !~l><t ~ (SEAL) ~'~ ~4 ~ i e of Officer COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss On this, the i3 day of (JL~ , 2007, before me, the undersigned officer personally appeared Ro Do Il, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. 1n Witness Whereof, I have hereunto set my hand and official seal. '~ e>~sa~xw;r~e ~~ >rM~i 9 (SEAL) Title of Officer ~ ~ ~ ri ~7i, ~ af a, -T! . . f ~ _. ~~o ~ ti - -_ -•C; ~~ y+.~~,. rn ... p ,__ 13 :°- ti.: f s1 3-~+7,.5_~~°SS..Y I.I.:k.~.T'~C.~~'fft~~s~'rv~~:s ~riR.~i ROBERT DOWELL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v• CIVIL ACTION -LAW NO. 07-4154 NANNETTE DOWELL, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on July 16, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. 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: /0 -- /P'0 ? obert Dowell ' PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301 (c1 OF THE DIVORCE CODE 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 FIAWER SZ LINDSAY 26 West High Stteet Carlisle, PA 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 to the best of my knowledge, information and belief. 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: d Q Robert Dowell QCT 2 2 2007 c~ ~ ~ ~ ~; -~ `~ ~ ~ ~;~;- ~- :~ ~~~~~ ~_ ~, ~, ~-~ - .~ ROBERT DOWELL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW NO.07-4154 NANNETTE DOWELL, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on July 16, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. 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: ~ ~ ((~ -a-~O~ `~/1 lea `a '~JUV «"J Nannette Dowell DEFENDANT'S WAIVER OF NOTICE OF fNTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER& 3301 (c1 OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. l understand that l 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 SAIDIS, FIAWER ~ LINDSAY 26 West High Street Carlisle, PA 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 to the best of my knowledge, information and belief. 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: ~ b~ ~~-a~C1~-7 Nannette Dowell flc~ ~ ~ 200 ~ ~~.~ ~ ~ ~, ~~~ . ~ ~ _ ~ _~, r.... ...,~; ., i~ ~ . ~- -3l ~~ ,~ •~G. ROBERT DOWELL, Plaintiff v. NANNETTE DOWELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4154 IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant signed an Acceptance of Service of the Complaint on July 18, 2007. Proof of service was filed with the Court on July 20, 2007. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was executed: By Plaintiff: October 18, 2007 and filed with Nrotnonotary contemporaneously herewith. By Defendant: October 19, 2007 and filed with Prothonotary contemporaneously herewith. SAIDIS, FIAWER SZ LINDSAY 2G War High Street Cazlisle, PA 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated July 13, 2007 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was executed: By Plaintiff: October 18, 2007 and filed with Prothonotary contemporaneously herewith. By Defendant: October 19, 2007 and filed with Prothonotary contemporaneously herewith. SAIDIS, Dated: f Q~~ ~~ ,Y Carol J. Lindsay, squire Supreme ' u No. 44693 26 West Hig Street Carlisle, PA 17013 717-243-6222 e-a ~ - - s - °~ ~ ~ ~ , ~~ ~ ~ r~ { ~ ~, j F ' " (,tom ,~' V ` ~ 1 l°• •i •,. -~~_ ~_ L,J~ .~ ~ +! ~ f ~ ~ t ~ " ~r C~ i's . ~ ".. i 1~ ~- .~ U'; 1 N THE GOU RT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ROBERT DOWELL -~~' ~~''' VERSUS NANNETTE DOWELL No. 07-4154 DECREE IN DIVORCE AND NOW, ~' •, `~ ' , IT IS ORDERED AND ROBERT DOWELL DECREED THAT AN D NANNETTE DOWELL ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF REC IN IS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the Separation and Property Settlement Agreement dated July 13, 2007 are incorporated, but not merged, into this Decree in Divorce. BY THE CO ATTEST: ~ J PROTHONOTARY ,, ~~ ~ ~~~ ~~ L ~ . /~= Di AUG 312010 ~ .. - - ~uio ROBERT DOWELL, IN THE COURT OF COMMON PLEAS PLAINTIFF/RESPONDENT OF CUMBERLAND COUNTY, :PENNSYLVANIA vs. NO. 2007-© ~ CIVIL TERM • ~ ~ NANNETTE DOWELL, :CIVIL ACTION -LAW DEFENDANT/PETITIONER IN DIVORCE -v ~. C~ RULE _ AND NOW, this day of '~~~ , 2010, upon consideration of the within Petition for Breach of Marital Property Settlement Agreement, a Rule is hereby entered against Plaintiff/Respondent, ROBERT DOWELL, to show cause why the relief requested should not be granted. RULE is issued upon the Plaintiff/Respondent to show cause why the Defendant/Petitioner is not entitled to the relief requested. The Plaintiff/Respondent shall file an answer to the petition within ~ days of this date. RULE RETURNABLE with hehearing thereon the //-~ day of , 2010, at/6=~,~~ in Courtroom _~, Cumberland County Courthouse, 1 Courthouse Square, Carlisle PA 17013. ~- ~~-i ~.~ s e~~ ~ to 4~~/~0 RLi:D-GTIC 1) ? r ?r ,oy ro s? t ? UN Y ROBERT DOWELL, VENN&`MA IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NANNETTEE DOWELL, Defendant/Petitioner NO. 2007-04154 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S ANSWER TO PETITION FOR BREACH OF MARITAL SETTLEMENT AGREEMENT NOW COMES, Plaintiff/Respondent, Robert Dowell and through his counsel Saidis SAIDIS SULLIVAN LAW 26 West High Street Carlisle. PA Sullivan Law and answers the Petition for Breach of Marital Settlement Agreement, and in support thereof, avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part. By way of further answer as particularly set out in the parties Marital Settlement Agreement, Petitioner was advised of her right to the assistance of counsel and, in fact, advised that she could be represented by counsel of her choice. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. No answer required. The Marital Settlement Agreement speaks for itself. 10. Admitted in part and denied in part. The Home Equity Loan had been delinquent for a period of no more than thirty (30) days in the latter part of 2009. Since February 2010 it has been current. The first mortgage has been more seriously in arrears but no mortgage foreclosure proceedings have been instituted against the marital residence. Denied that Respondent has not taken any actions to stop foreclosure proceedings. By way of further answer, he has applied for assistance to bring the mortgage current, through Pennsylvania Housing Finance Agency. Attached hereto as Exhibit "A" is a letter documentation the application 11. Admitted that a Plaintiff made late payments by thirty (30) days prior to January 2010. by way of further answer, since that time he has not made any late payments on the second mortgage. 12. Admitted. SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA 13. Denied that Plaintiff has taken the money of the parties' child to pay household bills. By way of further answer, the parties' child, Chelsea, pays for the cost of her car payment and her car insurance. 14. Denied that Plaintiff spends money extravagantly. Admitted that horseback riding lessons for the younger daughter continue. Those lessons are paid for by Plaintiff's girlfriend. Denied that Plaintiff has purchased "several vehicles for the parties' older daughter." By way of further answer, the first vehicle which was purchased for use by the older daughter, and for which the older daughter paid the costs, was totaled in an accident. The proceeds from the insurance company were used to purchase another replacement vehicle. 15. Denied that Plaintiff's action have forced a decline in Defendant's credit score. Denied that any actions of Plaintiff have contributed to Defendant not being able to qualify for a loan. Strict proof is demanded at trial. 16. Denied that Plaintiff is attempting to destroy all equity in the marital home for any reason. 17. Denied that Plaintiff is deliberately taking action to destroy the Defendant's credit score. 18. Admitted. 19. Paragraph 19 states a conclusion of law to which an answer is not required. If an answer is required, Plaintiff denies a breach of the Marital Settlement Agreement. 20. After reasonable investigation, Plaintiff is without information sufficient to form a belief i as to the truth and allegations in Paragraph 20 and they are therefore denied. Strict proof is demanded at trial. 21. After reasonable investigation, Plaintiff is without information sufficient to form a belief as to the truth and allegations in Paragraph 21 and they are therefore denied. Strict proof is demanded at trial. WHEREFORE, Plaintiff/Respondent, Robert Dowell, prays this Honorable Court to deny the Petition. Respectfully Submitted, SAIDIS SU IVAN LAV?-, _ O Carol J. Linds uire 11 Attorney ID N6-44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff/Respondent SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are SAIDIS SULLIVAN LAW 26 West High Street Cartiste, PA true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: 9 ° /Y - I O r. ROBERT DOWELL ROBERT DOWELL, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-04154 CIVIL TERM NANNETTEE DOWELL, CIVIL ACTION -- LAW Defendant/Petitioner ; IN DIVORCE CERTIFICATE OF SERVICE On the j day of September, 2010, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS SULLIVAN LAW, hereby certify that on this date a copy of Plaintiffs Answer to Petition For Breach of Marital Settlement Agreement was served on the following individual, via email and regular U.S. Mail, postage prepaid, addressed as follows: Susan Kay Candiello, Esquire Law Firm of Susan Kay Candiello, P.C. 4010 Glenfinnan Place Mechanicsburg, PA 17055 Email address: skc law(aD-yahoo.com SAIDIS SULLIVAN LAW SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA Carol J. Li sa , Esquire `- Supreme o ID No. 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff/Respondent Homeowners' Emergency HOU +l[l?? ??'ihl?tllC?e Agency Mortgage Assistan ce Loan Program 'ayments. 211 Nwlh 1 Poru Street P.0 Box 15206 1lrxrr;sb?.ug, PA 1710.5-5206 Correspondence. 211 North P ,om, Street, 1'. O. Box 15530 llarri.t barg, PA )710-5-5530 (717) 780-3940 1-800-342-_V,97 FAX (717) 780-3995 TTY ('17) 780-1869 August 19, 2010 ROBERT DOWELL 92 BEAGLE CLUB RD CARLISLE, PA 17013 HEMAP Account Number: HE0002322907 Dear Homeowner: The Pennsylvania Housing Finance Agency, Homeowners' Emergency Mortgage Assistance Program has received your application for a mortgage assistance loan. We will process this application as quickly as possible. If you are contacted by either the counseling agency or us to provide additional information, you must do so in a timely manner. You will be notified of the decision by mail within a maximum of 60 days from the date we received the application. You should continue to make payments as they come due if able, however, if your Lender returns them to you, save the money as you will need it at a later date. If you experience a change in employment or your financial circumstances, it is your responsibility to notify us of this change in writing and provide verification of all changes as they occur. PLEASE INCLUDE THE ABOVE HEMAP ACCOUNT NUMBER ON ALL FUTURE CORRESPONDENCE YOU SEND IN. Thank you for your cooperation in this matter and best wishes in a speedy resolution to your housing problem. THE PENNSYLVANIA HOUSING FINANCE AGENCY Homeowners' Emergency Mortgage Assistance Program cc: GFP EXHIBIT ?'' newappho/dtmdocs/HEMAP/ PENNSYLVANIA HOUSING FINANCE AGENCY Homeowners Emergency Mortgage Assistance Loan Program Payments Correspondence 211 N. Front St. General Information (717)780-3940 211 N. Front St. P.O. Box 15206 General Information 1-800-342-2397 P.O. Box 15530 Harrisburg PA 17101-5206 TDD For Hearing Impaired (717)780-1869 Harrisburg PA 17101-5530 IMPORTANT! YOUR IMMEDIATE ATTENTION AND ACTION NECESSARY!!! PLEASE RESPOND WITHIN 12 DAYS OR YOUR APPLICATION FOR A MORTGAGE ASSISTANCE LOAN MAY BE REJECTED! August 23, 2010 Robert Dowell 92 Beadle Club Road Carlisle PA 17013 HE: 2322907 In reviewing your application for the Homeowner's Emergency Mortgage Assistance Loan Program, the following information is necessary to complete our review: PLEASE SUPPLY: 1. A listing of the names of all individual currently residing in the home along with a listing of ALL CURRENT HOUSEHOLD INCOME (in_comeyou are _actually receiving, not what you are suppose to be receiving) with VERIFICATION OF THE SAME. Your listing must include the name of the source of each monthly income item, the net monthly income received from each source of income for each adult member of the household, along with verification of each source. DO NOT JUST FORWARD COPIES OF CHECK STUBSM LIST INCOME ON A SEPARATE SHEET OF PAPER AS OUTLINED ABOVE!!! IF SELF EMPLOYED OR YOU RECEIVE A 1099 FOR TAX REPORTING, PROVIDE A YEAR TO DATE INCOME STATEMENT ON YOUR BUSINESS SHOWING THE NET PROFIT AFTER. 2. Complete copies of your 2009, 2007 & 2006 Federal Income Tax returns with all schedules attached. Please be sure to submit copies of both sides of each sheet of each return, if necessary! If you did not file a Federal Income Tax return for either of these years, provide an explanation why you did not file a return along with a listing of all income received for each year you did not file a Federal Income Tax return. Copies of W-2s, 1099s and State/Commonwealth Tax returns are not acceptable without the Federal Income Tax return!!! 3. A complete copy of the deed to the property located at 92 Beagle Club Road, Carlisle, PA. PLEASE ANSWER THE FOLLOWING QUESTIONS: 1. How much money do you have saved to apply to your mortgage? If nothing, why not? 2. When do you feel that you can resume and maintain full monthly mortgage payments? 3. Do you receive any other income, i.e.: child support, family members, rent, public assistance, etc.? List, if any. 4. Are your real estate taxes and homeowner's insurance included with your monthly payment and paid by your lender, or are you responsible for the payment of these items? If you are responsible for the payment of these items, what is the annual cost of each of these items? Be specific; provide verification of your statements. 5. Is this an adjustable rate mortgage'? If yes, how often is the lender allowed to make an adjustment and when is the next adjustment due? Be specific; provide verification of your statements. 6. Do you receive or pay any child support? If yes, how much do you either pay or receive and please specify if you receive payment or you are obgligated to make payment. If you do have custody of your minor children, why aren't you receiving any support? Be specific, provide verification of your statements. 7. Please explain any changes in your circumstances since you first applied for an assistance loan and provide documentation if applicable. 8. What are your plans to increase the household income to a level where it will support the current debt requirements and provide for emergencies which may arise? Be specific; provide verification. In order to process your loan application, this information must be mailed to this office NO LATER THAN SEPTEMBER 7, 2010 Please mail the information regular first class mail, postmarked no later than the date above. Failure to provide the requested information will result in an unfavorable determination of your request for an Emergency Mortgage Assistance Loan. Please include a telephone number where you may be reached during business hours in case we need to contact you. RETURN THIS LETTER WITH YOUR RESPONSE. Sincerely, George F. Pfeiffer Loan Officer PHFA/HEMAP ROBERT DOWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NANETTE DOWELL, Defendant 07-4154 CIVIL TERM IN RE: PETITION FOR BREACH OF MARITAL SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 11th day of October, 2010, upon consideration of Defendant's Petition for Breach of Marital Settlement Agreement, and following a hearing held on this date, the record is declared closed and the matter is taken under advisement. By the Court, Susan Kay Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055 For Nanette Dowell a of J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 For Robert Dowell mae /o/W/o rr? t a ORDER OF COURT .. r4,-. C.-7 l? IN) c.a C °.? F..1 c, ?.. s I AND NOW, this 12'h day of October, 2010, upon consideration of Defendant's ROBERT DOWELL, Plaintiff V. NANNETTE DOWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 07-4154 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR BREACH OF MARITAL SETTLEMENT AGREEMENT BEFORE OLER, J. Petition for Breach of Marital Settlement Agreement, following a hearing held on October 11, 2010, and the court finding that Plaintiff has breached the parties' marital settlement agreement dated July 13, 2007, it is ordered and directed as follows: 1. As of October 31, 2010, Plaintiff shall cause all debts secured by encumbrances on the marital residence to be brought current and shall thereafter cause such debts to be paid in full on a timely basis when due; 2. Within 30 days of the date of this order Plaintiff shall pay to Defendant's counsel the amount of $1,200.00 in attorney's fees associated with this enforcement proceeding; and 3. At the first opportunity consistent with the lending institutions' policies, Plaintiff shall secure the elimination of Defendant's obligation to the creditors on the debts secured by the first and second liens on the marital residence. BY THE COURT, J. re-sle-v Ole r. J. arol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff usan Kay Candiello, Esq. 4010 Glenfinnan Place Mechanicsburg, PA 17055 Attorney for Defendant : rc P lU?I3?lO