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HomeMy WebLinkAbout07-7285 Thomas D. Gould, Esquire I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 KRISTINA A. DEUTSCH, PLAINTIFF V. BRANDON J. DEUTSCH, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 7-21 gd CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 KRISTINA A. DEUTSCH, PLAINTIFF V. BRANDON J. DEUTSCH, DEFENDANT IN THE COURT OF COMMON PLEAS CM4BER1.AND COUNTY, PENNSYLVANIA NO. 0 7 . '2.2 - i IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Kristina A. Deutsch who currently resides at 104 Milky Way, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant is Brandon J. Deutsch who currently resides at 5210 Oxford Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff and Defendant have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 14, 2000 in York County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a decree of divorce. J +U . ??.Lot,K.?C Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: l2-3-0?-? cz, Kristina A. Deutsch NOTICE OF AVAILABILITY QFF 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. All 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. L? --j zl rri CJa r ?? i`r1 ()i I nr? O MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 7 day of m am - , 2008, by and between KRISTINA A. DEUTSCH, (hereinafter ref red to as "Kris") and BRANDON J. DEUTSCH, (hereinafter referred to as "Brandon"). WITNESSETH: WHEREAS, the Kris and Brandon were lawfully married on October 14, 2000; and WHEREAS, differences have arisen between Kris and Brandon in consequence of which they intend to live apart from each other; and WHEREAS, Kris and Brandon have settled their differences through the Mediation process and wish to set forth their rights and obligations; and -. WHEREAS, two children, Elena M. Deutsch, DOB March 20, 2001, and Elijah J. Deutsch, DOB May 15, 2003, were bcrr of this marriage; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly-owned assets, the provisions for their liabilities and provisions for the resolution of their mutual differences, after both have had free and ample opportunity to consult with an attorney, and the parties now wash to have that agreement reduced to writing; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission by either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE Each party shall he 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 Kris and Brandon have equitably divided between them to their- mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. They agree to share photos and other items related to their children. 4. AUTOMOBILES F.arh nar_ty is to keep their respective vehicles. Brandon shall have all 'right and title to his vehicle.. He shall maintain insurance on his vehicle and be responsible for all maintenance, liens and other payments and expenses related thereto. Brandon shall indemnify and hold Kris harmless for all matters related to his vehicle. Kris shall have all right and title to her vehicle. She shall maintain insurance on her vehicle and be responsible for all maintenance, liens and other payments and expenses related thereto. Kris shall indemnify and hold Brandon harmless for all matters related to her vehicle. 5. DIVISION OF REAL PROPERTY The parties' marital residence at 104 Milky Way, Shippensburg, Cumberland County, Pennsylvania shall be sold. They agree to choose a r.ealtor and Kris will be responsible for coordinating with the realtor. Brandon agrees to cooperate in preparing the house for sale and coordinating with the realtor. The proceeds from the sale of the house are to be used to pay the marital- debt as of June 30, 2007 (see paragraph 7). The first $3,000.00 of the net proceeds are to be paid to Kris as set forth in paragraph 8. Any r_ema.ining proceeds are to be disr-ributed eaualiv at the time of settlement. 6. FINANCIAL ACCOUNTS, STOCKS, BONDS AND INVESTMENTS The Brandon and Kris have fully disclosed their marital financial assets. The parties agree that Brandon shall have maintain accounts in his name and Kris shall- maintain all accounts in her name. Each party shall be liable for any tax consequences related to the sale or exchange of their accounts, :real estate, stocks or bonds or other assets under their control.. Each party shall maintain their separate accounts and investments as set forth in this agreement and hereby releases any interest they may have in the other's accounts or investments and shall sign all documents required to distribute the assets as set forth in this agreement. The parties agree that the distributions of assets as set forth above is a fair and equitable division of their marital assets considering all the factors set forth under the Pennsylvania Divorce Code. 2 7. MARITAL DEBTS Brandon shall be responsible for all debts solely in his name, specifically including the loan for his vehicle. Kris shall be responsible for all debts solely in her name. Each party agrees to indemnify and hold the other har_ml.ess for any debt that they are responsible for pursuant to this Agreement and shall take any action required to remove the other- f_.r_om responsibility for a debt as set forth in this Agreement. 'he marital debt as of June 30, 2007, Member's 1st VISA ($2,930.37) and Member's 1st vehicle loan ($10,200.00.00) is to be paid from the proceeds from the sale of the marital home. All post June 30, 2007 debts are the sole responsibility of the person who incurred the debt. 8. PENSION AND RETIREMENT ACCOUNTS The parties' pension and retirement accounts have been considered in the equitable distribution of the marital assets and debts. Brandon's contribution to his PSERS account during the marriage was approximately $6,900.00. Kris's retirement account was used during the marriage. Brandon has agreed that Kris is to receive an additiorial $3,000.00 from the net proceeds from the sale of their marital residence as her equitable portion of Brandon's pension. Brandon and Kris shall maintain their separate pension arid/or -etirement accounts. Brandon relinquishes any and all rights he may have in Kris's pension or retirement accounts (present, past & future) and Kris relinquishes any and all rights she may have in Brandon's pension or retirement accounts (present, past & future). 9. SPOUSAL SUPPORT/A.LIMONY/ALIMONY PENDENTE LITE 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. 10. FAMILY MAINTENANCE Until the marital home is sold, Brandon has agreed to pay Kris $400.00 bi-weekly. Kris is responsible for paying the mortgage on the marital- home and all utilities and other expenses related to the house. Brandon agrees to make his car payment, the personal loan and $50.00 bi-weekly on the joint VISA account. Both parents agree that the $400.00 bi_-weekly amount is putting a financial strain on Brandon and after the home is sold and shall_ terminate at the time of settlement on the home. Brandon and Kris agree to be flexible and re-examine the amount of support that may be required for the benefit of the children. It is Kris and Br.andor,'s desire to be financially independent from the other once 3 % the house is sold. Kris and Brandon agree to share the expenses of raising their children. If the parents are not able to reach a mutually agreeable support obligation they agree to seek the assistance of a mediator ori_or to seek legal recourse thought the Domestic Relations Office. 1I. MEDICAL Brandon agrees 11-o continue to provide health insurance for the children as long as it is available at a reasonable cost {-hrcurrh h;q Pmnlnver_ Brandon will not be providing insurance for ?iai .. y.- .--- -___1_ -1 Kris once the Decree in Divorce is granted. Kris and Brandon agree to share the cost of the chi_:lcir_en's unreimbursed medical expenses, i_ncluding co-pays. 12. PARENTING PLAN Brandon and Kris agree to share legal and physical cus'-ody of their children. They understand the need to be flexible to insure that each parent and the children maintain a strong meaningful relationship. if the parents are not able to reach a mutually agreeable parenting plan, they agree to seek the assistance of a mediator prior to seek legal recourse thought the court. 13. FILING OF IRS RETURN Kris and Brandon agree to file separate future tax returns. The parents agree that each p arent will be permitted to claim one child. If either_ parent does not have earned income to take advan tage of the tax deduction, the other parent will be oermi_tted to c.i_aim both children. The parents may, by agreeme nt, modify who claims the children to obtain the best advantage for the reduction of taxes paid to the IRS. 14. DIVORCE The Kris and Brandon agree to cooperate with each other in obta Ming a final divorce of the marriage. Kris has filed for a 3301-(c) no-fault di,,orce in Cumberland County, Pennsylvania, docketed at 20,3 - 285 CIV-'-L =P? 1. Kris and Brandon agree to sign and allow to be filed the documents necessary to obtain an uncontested no-fault divorce upon agreement of the --y-is and Brandon. 7.5. ATTORNEY FEES Each party shall be responsible for their respective attorney fees and costs. 4 16. INCORPORATION This agreement is to be incorporated into any subsequent Decree in Divorce. 7_i. CONTINUED COOPERATION The Kris and Brandon agree that they will within ten (10) days after the execution of this agreement, or request of the other party, execute anv and all written instruments assignments, releases, deeds or notes or other writings as may be necessary or desirable for the proper effectuation of this agreement. 18. BREACH -f either party breaches any provision of this agreement, Kris and Brandon agree to lase mediation to assist them in resolving any issues before taking formal legal recourse. if mediation is not successful, either_ 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 r.espo?.isible for the payment of legal 'Fees anei costs incl< r_ d by the other_ _n enforcing their rights under this agreement or for seeking such other remedies or relief as nay be available to him or her. 1.9. VOLUNTARY AGREEMENT The :rovisions of this agreement are ful_y understood by both parties and each party acknowledges that the agreement is fair and equitable, t=eat it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Each parties has had the opportunity to review this agreement and their legal rights with an attorney. Thomas D. Could, is not the attornev for FrIs nor Brand:.i7AMr. Gould has been acting only as a mediator for Kris and Brandon assisting them in rea.ching a mutually acceptable resolution. 0. 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 fights he or she may now have or hereafter acuu-re under the present oy- fut-ur'e -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, curfew, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator/executor of the other's estate. 5 21. BINDING AFFECT This agreement shall be binding upon the parties 1 heirs, successors and assigns. 22. 140DIFICATION AND, TIAIV.ER Anv modification or waiver of any of the provisions of this azir_eement shall be effective only if made in writing and executed with the same formalities as this agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. Brandon and Kris agree to use mediation to assist them in resolving any issues hef-)re tak_na formal legal recourse. 2? . PRIOR AGREEMENTS It is understood and agreed that any prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void. 24. ENTIRE AGREEMENT This agreement Ccrlr_alnS file entire understanding of the parties and there are no re_iDresentations, warranties, covenants or undertakings other than those expressly set forth herein. 25. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in det?rmi_r,ir g righi_s or obligations of the Parties. 26. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties y Witness Date Witness Date set their_ hands and seals KRISTINA A. DEUTSCH BRANDON J. DEUTSCH 6 r Comrnonwealt.h of Pennsylvania: /?r' County of ss C?.t.171 PT,RSONALLY APPEARED BEFORE ME, this day of May ay 2008, a notary public, in and ?ior the Commonwealth of Pennsylvania, BRAND011 J. DEUTSCH, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and ackno--edged that. he executed the same =or the purposes nereln contained. 1l`t lTT-J,'E? S WHEREOF; Z have here-:nto set r`.y hand and off . 4 ai seal. ,COW NIEAJIJ OF PENNSYLVANIA NTARIAL SEAL ARREN, Notary Public Twp., Cumberland County on Expires Nov. 8 2009 Notary Public Commonwealth of Pennsylvania: ??,mbefl ?' W' ss County of - PERSONALLY APPEARED BEFORE PsE, s -7day of ?008, a notary public, in and for the Commonwealth of 'err sylvania, KRISTIN A A. DEUTSCH, known co me (or satisfactorily prover.., to be) the person whose name is subscribed to the within agreement and acknowled ued -.at sly e e-Xec.ated the same `or_ the purposes herein: contained. iN WLTNESS WHEREOF, I nave hereunto set my hand and oticral seal. COWA EALTH Of PENNSYL NIA NOTARIAL SEAL DMORAH WARREN, Notary Pubiit, SMpwsbufv No,, Cumberland Comer M eAi mlifgn i ogg Nov, 8 2009 AAa, Notary Public KRISTINA A. DEUTSCH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007 - 7285 CIVIL TERM BRANDON J. DEUTSCH, CIVIL ACTION - LAW Defendant DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On December 6, 2007, Acceptance of Service. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff, May 1, 2008; By Defendant, May 1, 2008. 4. Related claims pending: None S. Date Plaintiff's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on May 29, 2008. Date Defendant's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on May 29, 2008. --/ ?1rr»M ?• Thomas D. Gould, Esquire In l:G) KRISTINA A. DEUTSCH, PLAINTIFF V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 7285 CIVIL TERM BRANDON J. DEUTSCH, IN DIVORCE DEFENDANT ACCEPTANCE OF SERVICE I, BRANDON J. DEUTSCH, accept service of the Divorce Complaint in the above captioned matter. Dated: /Z( ? 7 BRANDON J. DEUTSCH 5210 OXFORD DRIVE MECHANICSBURG, PA 17055 DEFENDANT C a `a' MIA= c z, D3 KRISTINA A. DEUTSCH, PLAINTIFF V. BRANDON J. DEUTSCH DEFENDANT IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 7285 CIVIL TERM . IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 3, 2007. 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 T understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: - 5-11 b KRISTINA A. DEUTSCH C:? ? i? ?? i _. ?'? _ t,?rJ ^.-y _ _ . ""C. KRISTINA A. DEUTSCH, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07 - 7285 CIVIL TERM BRANDON J. DEUTSCH IN DIVORCE DEFENDANT WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a-divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 5111010e- . r - KRISTINA A. DEUTSCH rl-I -t ' KRISTINA A. DEUTSCH, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMERLAND COUNTY, PENNSYLVANIA V. NO. 07 - 7285 CIVIL TERM BRANDON J. DEUTSCH IN DIVORCE DEFENDANT AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 3, 2007. 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 correc} I "nd°rct' anr7 +--1,-at f a l Se .°.,f- atement c herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 6-1110le DATED: BRANDON J. DEUTSCH ?-;? t:? c?- r?? -?? _.,? ,_ ; ??-:_ _ ?? _.. _ ?, --s-t ?? ?:.-? - ?? ? . r„ KRISTINA A. DEUTSCH, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMB?LAND COUNTY, PENNSYLVANIA V. NO. 07 - 7285 CIVIL TERM BRANDON J. DEUTSCH IN DIVORCE DEFENDANT WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 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. 1. I consent to the entry of a final decree without notice. 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: 6-11108 BRANDON J. DEUTSCH C?} "''' - -. G' r? ? ;-ice: ? -,? :,, ' .... _ -,,,. sip ?- _. t:. '?! - •• ' ?'+? M ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KRISTINA A. DEUTSCH, Plaintiff VERSUS BRANDON J. DEUTSCH, defendant No. 2007-7285 CIVIL DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT KRISTINA A DEUTSCH , PLAINTIFF, AND BRANDON J. DEUTSCH ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, 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 MAY 7, 2008 IS HEREBY INCORPORATED INTO THIS DECREE IN DIVORCE. Y T?? ATTEST: J. PROTHONOTARY