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HomeMy WebLinkAbout07-7775STEVEN G. STRAWLEY IN THE COURT OF COMMON PLEAS PLAINTIFF, ) CUMBERLAND COUNTY, PENNSYLVANIA V. DEBRA J. STRAWLEY CIVIL DIVISION j NO. 0 7 ---7 7 7 -5-c -f'CfA' DEFENDANT ) NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM 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 CHILD(REN). WHEN THE GROUND FOR THE DIVORCE ARE INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE MARIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT , CARLISLE, PENNSYLVANIA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY; DIVISION OF PROPERTY, LAWYERS FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. A L'ERS FE SER ICE (,V t,-l vi ull e- Z s ov l ?idlflf IPA %7c Zyq -,,3164- Telephone: l? For Petitioner Address: Telephone: (? STEVEN G. STRAWLEY IN THE COURT OF COMMON PLEAS PLAINTIFF, ) CUMBERLAND COUNTY, PENNSYLVANIA V. ) CIVIL DIVISION DEBRA J. STRAWLEY ) No. D?-? ? 7 S c r v: l -Fc?,? DEFENDANT ) COMPLAINT IN DIVORCE COMES, the Plaintiff, STEVEN G. STRAWLEY, by FILING PRO SE, who files this Complaint in Divorce a statement of which is as follow: 1 • The Plaintiff is Steven G. Strawley, an adult individual currently residing at 170 D. Franklintown Rd. Dillsburg, PA 17019. 2. The Defendant is Debra J. Strawley an adult individual currently residing at 1511 Webster Dr. Carlisle, PA 17015 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. 4. The Plaintiff and Respondent were married on date:March 22, 1986 the State of Pennsylvania. 5. There have been two child(ren) born of this marriage over the age of 18, and wife is not now pregnant. 6. 7. 8. 9. the right to request that the Court require the parties to participate in counseling. There have been no prior actions of divorce or for annulment between the parties. Neither party is a member of any branch of military. The marriage is irretrievably broken. Plaintiff has been advised that counseling is available and that Plaintiff may have -1- 10. The Plaintiff, Steven G. Strawley, respectfully requests that this Court grant this Divorce pursuant to Section 3301 (c), or in the alternative, Section 3301 (d) of the Divorce Code and that a Decree of Divorce be entered. I verify that the statements made in the Complaint are true and correct. I understand that false statements made herein are subject to penalties of 18 Pa. C.S.A Section 4904, relating to unsworn falsification to authorities. Respectfully submitted, Signature of Plai tiff Name: St7;t w Dated: 0 0 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) County of Cumberland )ss. tsetor me, the sub criber; a otary Public in and for said Commonwealth and n U ec taAL County, .? personally appeared wh, duly sworn to law, deposes and says t at the facts contained within the fo eg oingeC mpla nt in Dvo according true and correct to the best of his/her knowledge, information, and belief, and that he/sheais authorized to make this Affidavit. 1 Signature Name: f U •. V?rQ I ' , Sworn to and subscribed before me this day of h P r - , 20?_. NOTARY P LIC TH NOTARIAL SEAL ANN FREHN, NOTARY PUBLIC CARLISLE BOROUGH, CUMBERLAND COUNTY MY COMMISSION EXPIRES FEB. 2, 2008 -2- 4 ? yg t i n W v? W r r w v C'? ° -ct O - c? C ' t ; rn ?zz r-- STEVEN G. STRAWLEY IN THE COURT OF COMMON PLEAS PLAINTIFF, ) CUMBERLAND COUNTY, PENNSYLVANIA v. ) CIVIL DIVISION DEBRA J. STRAWLEY ) NO. dvrl -kfivk DEFENDANT ) ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE PLEASE take notice that I, DEBRA J. STRAWLEY, Defendant, was provided with a Copy of the Notice to Defend and Claim Rights and Complaint for Divorce and do accept service of same. I further enter my appearance in this action for all purposed. aw-?a zj?? Defendant Address: 1511 Webster Dr. Carlisle, PA 17015 Telephone: (717) 249-5358 N D l? ;f 01- MARITAL SETTLEMENT AGREEMENT AGREEMENT made on this 9th day ofJanuary, 2008, by and between Debra J. Strawley (hereinafter referred to as "Wife"), who resides at 1511 Webster Dr. Carlisle, PA 17015 and Steven G. Strawley (hereinafter referred to as "Husband"), who resides at 170 D Franklintown Rd. Dillsburg, PA 17019 address of Husband]. WHEREAS, we were married on the 22nd day of March, 1986, in St. John's Chuch, Reading, Commonwealth of Pennsylvania, and we now mutually desire to dissolve our marriage and mutually agree to live permanently separate and apart from each other, as if we were single; WHEREAS, we each have exercised good faith and have made fair, accurate, and complete disclosure to each other regarding all financial and property matters pertaining to this marital settlement agreement; WHEREAS, we mutually desire to settle by agreement all matters regarding our marital affairs, personal and real property, and finances; WHEREAS, we mutually intend this agreement to be a final disposition regarding the marital issues addressed herein and intend that this agreement be incorporated into any subsequent DECREE OF DIVORCE. THEREFORE, in exchange for the mutual promises herein contained, we agree to live separately and to divide our property and finances according to the following mutually agreed upon terms and conditions: 1. REAL ESTATE A. RESIDENCE Husband shall reside at 170 D Franklintown Rd. Dillsburg, PA 17019 Wife shall reside at 1511 Webster Dr. Carlisle, PA 17015 B. HOMESTEAD Husband and Wife own the following real property as their family residence, located at 1511 Webster Dr. Carlisle, PA 17015 Husband and Wife agree that Wife shall continue to reside at the above mentioned family residence. Rights, responsibilities and expenses regarding the above mentioned family residence shall be distributed as follows: 1) Title: Husband shall have the following rights of title and ownership in the family residence: None. Husband will quit claim the deed on 1511 Webster Dr. upon sale of trailer in Frankford, DE whereupon immediate repayment of home equity loan on 1511 Webster Dr. is satisfied. Wife shall have the following rights of title and ownership in the family residence: Full title and ownership. Page 1 of 6 h(5 Husband's Initials Wife's Initials 2) Expenses, Mortgage and Maintenance: Husband shall be responsible for and pay the following expenses regarding the family residence: None. Wife shall be responsible for and pay the following expenses regarding the family residence: Mortgage, all utilities, all taxes, all maintenance. C. OTHER REAL ESTATE Husband and Wife jointly own the following other real estate to be divided as follows: 1) To Husband: Trailer property at 10 Cedar St. Frankford, DE 2) To Wife: No other real estate. 2. PERSONAL PROPERTY A. HOUSEHOLD GOODS Husband and Wife jointly own the following household goods to be divided as follows: 1) To Husband: Downstairs refrigerator, all tools and lawncare equipment, desktop computer and accessories, all musical items and contents of music studio. 2) To Wife: All other household furniture and appliances. B. AUTOMOBILES Husband and Wife jointly own the following automobiles to be divided as follows: 1) To Husband: 2004 Dodge Ram Pickup Truck 2) To Wife: 2003 Honda Civic C. OTHER PERSONAL PROPERTY Husband and Wife own the following other personal property to be divided as follows: L Page 2 of 6 Hus and's Initials fife's Initials 1) To Husband: All musical instruments, 1994 Yamaha Wave Runner 2) To Wife: Digital camera and picture printer. 3. BANK ACCOUNTS Husband and Wife jointly hold the following bank accounts: Husband and Wife hold no joint bank accounts. (Account Number) (Account Balance) (Name and Address of Institution) The above mentioned accounts shall be divided as follows: 1) To Husband: Husband will keep his existing personal account. 2) To Wife: Wife will keep her existing personal account. 4. DEBTS Husband and Wife jointly hold the following debts outstanding: Mortgage on 1511 Webster Dr. #0011613478 $37,382.30 Wells Fargo Home Mortgage PO Box 14411 Des Moines, IA 50306-3411 (Name and Address of Institution) Home Equity Loan for purchase of trailer 3685098 (Account Number) $17,698.478 (Account Balance) Franklin County Teachers' Credit Union PO Box 505 Chambersburg, PA 17201 (Name and Address of Institution) The above mentioned debts shall be divided as follows: 1) Husband agrees to pay and assume all responsibility for the following debts: Page 3 of 6 Z Husband's Initials Wife's Initials (Account Number) (Account Balance) Home equity loan on trailer. Upon sale of trailer, a quit claim deed for 1511 Webster Dr. will be filed so that wife will have sole title and ownership of 1511 Webster Dr. 2) Wife agrees to pay and assume all responsibility for the following debts: Mortgage on 1511 Webster Dr. Husband and Wife agree that from the date of this agreement, neither shall assume any joint debt or liability. Husband and Wife agree that each shall be individually responsible for all debts that he or she acquires subsequent to the date of this agreement. 5. TAX LIABILITY Husband and Wife agree that any joint tax liability shall be assumed as follows: 1) By Husband: 50% of Federal, State and local income taxes. 100% of property taxes on trailer in Frankford, DE. 2) By Wife: 50% of Federal, State, and local income taxes. 100% of property taxes on home at 1511 Webster Dr. Carlisle. 6. LIFE INSURANCE A. Husband owns the following life insurance policies naming Wife as beneficiary: None (Policy Number) (Policy Amount) (Name and Address of Institution) B. Wife owns the following life insurance policies naming Husband as beneficiary: None (Policy Number) (Policy Amount) (Name and Address of Institution) Page 4 of 6 4 l?? Husband's Initials Wife's Initials 7. HEALTH INSURANCE Husband and Wife agree as follows in relation to their respective health care coverage: Wife will have health insurance provided by employer. Husband will continue to provide insurance to two sons while they are attending college as for as long as he is employed by the South Middleton School District. 8. SPOUSAL SUPPORT A. Husband shall pay to Wife spousal support in the sum of O dollars ($0.00), B. Wife shall pay to Husband spousal support in the sum of 0 dollars ($0.00), 9. LEGAL NAME Husband and Wife agree that that upon final divorce or dissolution of the marriage, Wife shall have the right to retain her married name or shall also have the right to return to her maiden or former name: Debra J. Foley. 10. FINAL AGREEMENT This agreement sets forth the entire agreement and understanding between the Husband and Wife relating to the settlement of martial property and finances and supersedes all prior discussions between us. No modification of or amendment to this agreement, nor any waiver of any rights under this agreement, will be effective unless in writing signed by the party to be charged. 11. ACKNOWLEDGEMENT Husband and Wife acknowledge that each has entered into this agreement in good faith, without any duress or undue influence. Each understands his or her right to seek independent counsel regarding this agreement, and each has had the opportunity to seek independent counsel prior to signing this agreement. 12. CHOICE OF LAW Husband and Wife agree that this agreement shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. Signed and dated this day of , :0 -h'd,1JX-'- ?/ ,?A y Wife 7 1? Hu and tr\ ?R ? ap/-? U v Wit e s #1 for Wife Witnes # for Husband it ess #2 for Wife W' es #2 for Husband CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC Page 5 of 6 Husband's Initials Wi e's Initials COMMONWEALTH OF ENNSY4VANIA COUNTY OF document was acknowledged efore me on rear l\ 2-008 [Date] by '?Y a S4? 2 w 2w I ?v ?h Cst ah? VSA [name of principal]. [Notary Seal, if any]: COMMON EAT F PENNSYLVANIA NOTARIAL SEAL SUZANNE M. BELDEN, NOTARY PUBLIC CARLISLE BOROUGH, CUMBERLAND COUNTY MY COMMISSION EXPIRES MAY 10, 2008 u igna r of Notarial Officer) Notary Public, Commonwealth of Pennsylvania My commission expires: w 2OC-\Oj Q? .11 Page 6 of 6 J?_'- Husband's Initials Wife's Initials cn? -T-1 -T 5::... :74 t.._g. ? T C?7 C l) -1 - Cl) STEVEN G. STRAWLEY IN THE COURT OF COMMON PLEAS PLAINTIFF, ) CUMBERLAND COUNTY, PENNSYLVANIA v. ) CIVIL DIVISION DEBRA J. STRAWLEY ) NO. 07-7775 DEFENDANT ) ACKNOWLEDGEMENT A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 31, 2007. I agree that the marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. All information contained within the attached documentation is true and correct to the best of my knowledge, information, and belief. It is my desire to file with the Cumberland County Court of Common Pleas the attached Marital Property Settlement Agreement and to be bound fully and completely by the terms and conditions as set forth within said Marital Property Settlement Agreement documentation. t IN WITNESS WHEREOF I set my hand and seal this day of Ord , 20Qg . SIGNAT NAME: Steven G. Strawley On this °y day of , 2008, before me, a Notary Public, the undersigned officer, personall appeared Steven G. Strawley, known to me to be the person whose name is subscribed to the written instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal. N ary ublic 110 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JUDITH D. KAUFFMAN, NOTARY PUBLIC CARLISLE BOROUGH, CUMBERLAND COUNTY MY COMMISSION EXPIRES MARCH 10, 2011 7Z:7 ?1- C ) A STEVEN G. STRAWLEY V. DEBRA J. STRAWLEY To the Prothonotary: IN THE COURT OF COMMON PLEAS PLAINTIFF, ) CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 07-7775 DEFENDANT ) PRAECIPE TO TRANSMIT RECORD Kindly Transmit the Record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: irretrievable breakdown under Section 3301 (c) or ? 3301 (d) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: on or about (GIVE DATE): January 2, 2008 via (check one) Personal Service or ? Certified Mail. (Complete either paragraph (a) or (b).) (a) Date of execution of the Affidavit o C nsent/Consent Waiver required by Section 3301 (c) of the Divorce Code: by Plaintiff( ? by Defendant ' 1 ?i 7-no& (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: 4. Related claims pending: None. Plaintiff,*' Address: 170 D Franklintown Rd. Dillsburg, PA 17019 Phone: (717) 713-3786 - 1 - VINVAIAS1MNI]d 0 C ,C Wd L- 8dV 8001 AMONOHiOdd 3HI d0 ,.4,. , 5. Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the Decree is to be entered under Section 3301(d) of the Divorce Code. -2- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Olt-V Al (?-- 012l9uILLY VERSUS tp?m j-- C TI A ? Ey No. Q7- 777s DECREE IN DIVORCE AND NOW, 14#4 Ck qcz?l IT IS ORDERED AND DECREED THAT J-fU V 0- J,40?t 'LLV , PLAINTIFF, AND yak/ j-. 6?rlmk `cy , 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; b"e BY THE\COURT: ATTEST: J PROTHONOTARY ??? ? ?b? ?? :?? S i .' ." '.