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HomeMy WebLinkAbout03-6504LISA ANN KISLAN, Plaintiff BLAISE BRUCE KISLAN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : Civil Action - 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 claim of relief requested in these papers by the Plaintiff. You may lose money or property or other dghts important to you, including custody or visitation of your children. When the grounds 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 Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LISA ANN KISLAN, Plaintiff BLAISE BRUCE KISLAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - ~' 5"o '~ : Civil Action - In Divorce NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT: You have been named as the Defendant in a divome proceeding filed in the Court of Common Pleas of Cumberland County, Pennsylvania. This notice is to advise you that in accordance with Section 3302(d) of the Divome Code, as amended, you may request that the Court require you and your spouse to attend marriage counseling prior to a Divome Decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse, 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 the list. All necessary arrangements and the cost of counseling services are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date .on which you receive this Notice. Failure to do so will constitute a waiver of your right to request counseling. LISA ANN KISLAN, Plaintiff BLAISE BRUCE KISLAN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003- ~'~y : Civil Action - In Divorce COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Lisa Ann Kisian, by and through her attorneys, the Offices of Fenstermacher and Associates, P.C., and files this Complaint in Divorce as follows: COUNT I DIVORCE PURSUANT TO 23 Pa. C.S.A. §3301(a)(6) 1. Plaintiff Lisa Kislan is an adult individual currently residing at 263 Acorn Court, Mechanicsburg, Pennsylvania. 2. Defendant Blaise Bruce Kislan is an adult individual currently residing at 2200 Bradford Drive, Mechanicsburg, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania and have resided therein for a pedod in excess of six (6) months immediately previous to the filing of this Complaint. 4. The parties were married on the 28th day of July, 1984, in East Bedin, Adams County, Pennsylvania. 5. Plaintiff avers that the ground upon which this action is based is that the Defendant has offered indignities to the Plaintiff such as to render her condition intolerable and life burdensome. 6. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. 8. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its Amendments. 9. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling. 10. Two children were born of this ma.rriage; a. Mitchell Kislan bom November 5, 1987; b. Kyle Kislan born December 17, 1985. 1 '1. The parties have previously amicably agreed as to the custody of the children. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT II EQUITABLE DIVISION, DISTRIBUTION AND ASSIGNMENT OF MARITAL PROPERTY 2 12. The averments of paragraphs 1 through 11 above are incorporated herein by reference as if set forth in full. 13. The parties are the owners of vadous items of personal property and real property which qualify as marital property as defined in Section 401 of the 1980 Divorce Code, as amended. 14. Said madtal property is subject to equitable division, distribution and assignment by the Court. WHEREFORE, the Plaintiff requests this Honorable Court equitably divide, distribute and assign all of the parties' marital property. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P,C. By; , n t ~rmacher Supreme Court I.D. #29940 "......~. 5115 East Trindle Read Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff DATED: VERIFICATION I, Lisa Ann Kislan, have read the foregoing Complaint and hereby certify that the facts set forth are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. Const, Stat. Ann. ~4904 relating to unswom falsification to authorities, DATED: ~.~ ~ ~ By: ~ L'~a Ann Kislan MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this /'¢~, day of January, 2004, by and between Lisa Kislan of 263 Acom Court, Mechanicsburg, Pennsylvania, ("Wife"), and Blaise Bruce Kislan of 2200 Bradford Ddve, Mechanicsburg, Pennsylvania ("Husband"). Recitals: A. The parties hereto, being Husband and Wife, were lawfully marded on the 28th day of July, 1984. B. Differences have adsen between Husband and Wife in consequence of which they have begun to live separate and apart from each other. C. Husband and Wife acknowledge that they both have consulted their attorneys and have been advised by their attomeys of all of their dghts and duties or have had the opportunity to consult independent legal counsel and have willfully, knowingly and voluntarily waived the right to consult an attomey. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertaking herein contained, the parties, each INTENDING TO BE LEGALLY BOUND, agree as follows: 1. Recitals. The Recitals set forth above are incorporated herein by reference. 2. Divorce. It is specifically understood and agreed by and between the parties, and each party does hereby warrant and represent to the other that, as defined in the Divorce Code, their marriage is irretrievably broken. Wife has filed an action in the Court of Common Pleas, Cumberland County. Pennsylvania at Docket No. 2003-6504, The parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all actions) necessary to assure that a divorce pursuant to 23 Pa, C.S.A. § 3301 of the Divorce Code is entered as soon as possible. This Agreement and any ancillary or supplemental agreements shall be incorporated by reference but not merged into the proposed Divorce Decree presented to the Court. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by each other. Neither party shall molest the other in any way whatsoever nor endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 3. Marital Property. (a) Personal Property. Husband and Wife acknowledge that they currently have in their possession all of their separate and distinct personal property. (b) Retirement, Pension, 401-K Plan. Husband and Wife hereby relinquish all right, title and interest in the other's retirement 2 (c) funds, pension benefits, deferred compensation, or any other employee benefit. Real Estate. Husband and Wife are joint owners of certain real property, consisting of the property and improvements situated thereon, located at 263 Acorn Court, Mechanicsburg, Pennsylvania. Husband hereby relinquishes all right, title and interest in the property at 263 Acorn Court, Mechanicsburg, Pennsylvania. Husband agrees to execute all documents necessary to convey, transfer or encumber the real property as is reasonably required by Wife including, but not limited to, deeds or agreements of sale. Wife agrees that she will take all reasonable and necessary actions to remove Husband from the deed for the real property. The parties acknowledge and agree that existing bond and mortgage with respect to the parties' residence at 263 Acorn Court, Mechanicsburg, Pennsylvania, and with respect to which Husband and Wife are jointly and severally obligated shall continue in existence subsequent to the date hereof. Husband is the sole owner of certain real property, consisting of the property and improvements 3 situated thereon, located at 2200 Bradford Drive, Mechanicsburg, Pennsylvania and 306 Saint Marks Road Mechanicsburg, Pennsylvania. Wife hereby relinquishes all right, title and interest in the property at 2200 Bradford Drive, Mechanicsburg, Pennsylvania and 306 Saint Marks Road Mechanicsburg, Pennsylvania, 4. Debts and Obliclations. (a) Individual debts/obliqations. Each party hereby agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by him or her on or after the date of this Agreement. If any claim, action or proceeding is hereafter brought seeking to hold the other party liable on account of any such debts and obligations, such party will at his or her sole expense defend the other party against any such claim, action or proceeding, whether or not well-founded, and indemnify the other party against any loss resulting therefrom. Each party otherwise hereby expressly agrees to indemnify, defend and hold harmless the other from any and all liability, direct or indirect, including attorneys' fees and costs, which may arise in connection with an obligation, joint or otherwise, for 4 which the party has agreed hereunder to bear sole or partial responsibility, or which the party has failed to disclose and provide for herein. 5. Le~lal Fees. Each party agrees that they shall be responsible for their own legal and other fees incurred by them in connection with this domestic relations matter unless otherwise specified herein or otherwise agreed to by them. 6. Automobiles. Wife agrees to waive any dght, title or interest she may have in and to any automobiles which Husband may own individually or jointly with Wife, if any, and Wife shall promptly execute any title or transfer documents if necessary to fulfill this provision. Each party shall, after execution hereof, maintain their own automobile insurance in their separate names. Husband agrees to waive any right, title or interest he may have in and to any automobiles which Wife may own individually or jointly with Husband, if any, and Husband shall promptly execute any title or transfer documents if necessary to fulfill this provision. Each party shall, after execution hereof, maintain their own automobile insurance in their separate names. 7. Additional Payments. None. 8. Other Writincls. Each of the parties hereto agrees to promptly execute any and all documents, deeds, waivers, bills of sale, tax returns or other writings reasonably necessary to carry out the intent of this Agreement. 5 9. Further Debt. (a) Wife shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands, including attorneys' fees and costs, made against him by reason of debts or obligations incurred by her. (b) Husband shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands, including attorneys' fees and costs, made against her by reason of debts or obligations incurred by him. 10. Mutual Release. Except as otherwise provided herein and so long as this Agreement is not canceled by subsequent agreement, the parties hereby release and discharge, absolutely and forever, each other from any and all rights, claims and demands, past, present and future, specifically from the following: alimony pendente lite; alimony; spousal support; division of property; claims or rights of dower and right to live in the House; right to act as executor or administrator in the other's estate; rights as devisee or legatee in the Last Will and Testament of the other; any claim or dght as beneficiary in any life insurance policy of the other unless specifically named otherwise or as required herein; and any claim or right in the distributive share or intestate share of the other 6 party's estate, all unless specified to the contrary herein or in a subsequent writing signed by the parties hereto. 11. Tax Return. Each party shall be solely liable for any tax liability from 2003 forward and each shall indemnify, defend and hold the other harmless from and against any such liability for tax years commencing in 2003 and thereafter. As to all tax years pdor to 2003, each party represents and warrants to the other that each has provided true and accurate information concerning all income from all sources, all deductions and legitimate business expenses and that, to the best of the knowledge of each, all such tax returns have been true, correct and accurate. In the event the Internal Revenue Service or any other taxing agency shall examine or audit such returns and shall determine there was or has been a failure to state income or a disallowance of claimed deductions, the person who failed to disclose such income or who inaccurately or incorrectly claimed such deductions shall bear sole responsibility for the payment of any such additional tax liabilities, penalties, interest or the like which may be thereafter assessed and shall indemnify and save the other party harmless of and from any and all claims, demands, suits, actions or causes of action, costs and expenses, (including reasonable attorney's fees), to which such person or party may become exposed or liable by reason of such additional taxes, penalties, interest or the like. 7 12. Medical/Health Insurance. Upon execution hereof, each party shall be responsible for their own medical/health insurance and the maintenance thereof, if any. 13. Entire understanding between Ac~reement. This Agreement constitutes the entire the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 14. Leclall¥ Bindinq. It is the intent of the parties hereto to be legally bound hereby, and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. 15. Full Disclosure. Each party asserts that she or he has fully and completely disclosed all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them; of all debts and encumbrances incurred in any manner whatsoever by each of them; of all sources and amounts of income received or receivable by each party; and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. Each party further represents and warrants that there are no undisclosed debts or obligations for which the other party may be liable, and each party shall indemnify and hold harmless the other party from any such liabilities, including attorneys' fees and costs. 8 16. Costs to Enforce. In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement, and legal proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys' fees, incurred as a result of such proceedings. 17. Aqreement Voluntary and Cleadv Understood. Each party to this Agreement acknowledges and declares that he or she respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties; (b) Enters into this Agreement voluntarily after receiving the advice of independent counsel or, having been advised to consult independent counsel, has knowingly and voluntarily chosen to forego such consultation; (c) Has given careful and mature thought to the making of this Agreement; (d)Has carefully read each provision of this Agreement; and (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 18. Amendment or Modification. This Agreement may be amended or modified only by a wdtten instrument signed by both parties. 19. Applicable Law. This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 20. Counterparts. This Agreement may be executed in separate counterparts, each counterpart deemed an odginal and when combined represents the legal binding intent of the parties hereto. 21. Severability. If any part of this Agreement is determined to be invalid by a court of competent jurisdiction, such determination shall not invalidate the entire document but shall apply only to that phrase, sentence, paragraph or section. The remainder of the sentence, paragraph, section and Agreement shall continue in full force and effect. 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written: WITNESS: WIFE: ¢ ~sa~islan WITNESS: HUSBAND: Blaise Bruce Kislan 11 COMMONWEALTH OF PENNSYLVANIA : SS.: COUNTY OF CUMBERLAND On this, the __,L~day of January, 2004, a Notary Public, the undersigned officer, personally appeared Lisa Kislan, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Corfi'mission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS.: On this, the /¢.~:~ day of January, 2004, a Notary Public, the undersigned officer, personally appeared Blaise Bruce Kislan, 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 herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~Public (J My Commission Expires: (SEAL) NOTARIAL SEAL CONNIE R SHULTZ, Notary Public Mechanicsburg Baro. Cumberland County , My Commission Expires August 19, 2006 LISA ANN KISLAN, Plaintiff BLAISE BRUCE KISLAN Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - CV - 6504 Civil Term : Civil Action - In Divorce ACCEPTANCE OFSERVICE I, Blaise Bruce Kislan, in the above-captioned matter, hereby accept service of the Complaint in Divorce, in full satisfaction of the Pennsylvania Rules of Civil Procedure. Blaise Bruce Kislan LISA ANN KISLAN, Plaintiff BLAISE BRUCE KISLAN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003 - CV - 6504 : Civil Action - In Divorce PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 17, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both 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. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. U~sa Ann Kislan LISA ANN KISLAN, Plaintiff BLAISE BRUCE KISLAN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003 - CV - 6504 : Civil Action - In Divorce 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 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 wit~ the Prothonotary. I verify that the statements made in this Affidavit are true and correct, t understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. Lis~ ,~nn Kislan LISA ANN KISLAN, Plaintiff BLAISE BRUCE KISLAN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003 - CV - 6504 : Civil Action - In Divorce DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 17, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both 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. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Aff~avit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. DATE: Blaise Bruce Kislan LISA ANN KISLAN, Plaintiff BLAISE BRUCE KISLAN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003 - CV- 6504 : Civil Action - In Divorce 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 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 this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. I~aise Bruce Kis~an LISA ANN KISLAN, Plaintiff VS. BLAISE BRUCE KISLAN, Defendant iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 2003-cv-6504 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: Ground for divorce: Irretrievable breakdown under §3301(c) M~C. fC)~.t~of the Divome Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: ComplaJ~nt dated December 15, 700t, served upon Defendant by personal service December 22, 200% Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff March 30, 2004 ; by defendant ~n'r,"h 'wi, ?nn4 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None. Ali matters are concluded pursuant to attached Matrimonial Settlement Agreement. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: attached hereto Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: attached hereto ~aintiff / [lg,~ IN THE COURT OF COMMON PLEAS LISA ANN KISLAN, OF CUMBERLAND COUNTY STATE OF ~ PENNA. Plaintiff NO. 2003-cv-6504 VERSUS BLAISE BRUCE KISLAN, Defendant AND NOW, DECREE IN DIVORCE -- IS ORDERED AND DECREED THAT LISA ANN KTST,AN , PLAINTIFF, AND BTiATSF, RRUCE KTSTiAN , 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; NONE Matrimonial Settlement Agreement dated January 14, 2004 is attached ~orated herein and ATTEST: · PROTHONOTARY