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HomeMy WebLinkAbout08-1165DONALD E. FRAZIER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW FAYE J. FRAZIER, NO 9--- to c J ri f e-r. Defendant 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office, Cumberland County Courthouse, Cumberland, 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 OR CANNOT AFFORD ONE, 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 DONALD E. FRAZIER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW FAYE J. FRAZIER, NO. Q ?_ I I G c ??! f ??? Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the above-named Plaintiff, DONALD E. FRAZIER, by and through his attorney, ROBERT B. LIEBERMAN, ESQUIRE, and seeks to obtain a Decree in Divorce from the above-named Defendant, FAYE J. FRAZIER, upon the grounds hereinafter set forth: 1. Plaintiff is DONALD E. FRAZIER, an adult individual, residing at 845 Crooked Stick Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is FAYE J. FRAZIER, an adult individual, residing at 1550 Mendenhall Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 9, 2006, in Las Vegas, Clark County, Nevada. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of United States of America. 7. The Defendant is not a member of the Armed Services of the United States. 8. The Plaintiff has been advised of the availability of marriage counseling and understands that he may request that the Court require the parties to participate in counseling. 9. The Plaintiff avers that the marriage is irretrievably broken. 10. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff, DONALD E. FRAZIER, respectfully requests this Honorable Court to enter a Decree in Divorce pursuant to the Divorce Code. DATED: I' 2 6- a a Respectfully submitted, Robert B. Lieberman, Esquire 500 N. Third Street, 12'h Floor P.O. 1004 Harrisburg, PA 17108-1004 (717) 236-1485 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct based upon my personal 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. a,0 • ?pa8 DATED: DONALD E. 4FFRR A ZZ gIIEE RRPlaintiff r,j cx7 J { .' V r R? co 1i r- ( lb DONALD E. FRAZIER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-1165 CIVIL TERM FAYE J. FRAZIER, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, ROBERT B. LIEBERMAN, ESQUIRE, who, being duly sworn according to law, deposes and says: 1. That on February 25, 2008, a Complaint in Divorce was filed on behalf of Plaintiff and against Defendant in the above case. 2. That on February 25, 2008, I forward by certified mail, return receipt requested, a certified copy of the Complaint in Divorce to Defendant, FAYE J. FRAZIER, 1550 Mendenhall Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. That the aforesaid copy of the Complaint in Divorce sent to Defendant, FAYE J. FRAZIER, was delivered on February 26, 2008, as evidenced by the return receipt card signed by Defendant and attached hereto. f r 4. That to the best of my information and belief, the signature on the return receipt card is, in fact, the signature of Defendant, FAYE J. FRAZIER. ?a - Robert B. Lieberman, Esquire Attorney for Plaintiff SWORN to and su scribed before me this 7 day of March, 2008. ary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANUI NOTARIAL SEAL CHERYL L FERGUSON, Notary Public Cily of Harrisburg, Dauphin Courdy My Commission Expires April 6, 2008 Postal CERTIFIED MAILT. RECEIPT C3 Onl (Domestic y; No Insurance Coverage Provided) Ln . .. .may ?. r R M C3 0 Postage $ ?SD O Certified Fee . 6 0 0 Return Receipt Fee I Postmark Here (Endorsement Required) O Restricted Delivery Fee ( O C3 (Endorsement Required) t -a ,, rr $ r Total Postage & Fees p Op 0 Sent To Ms, i -Z E!------------------- O Iti weet, Apt. No.; f ` ; S or PO Box No. w . 1? -s 11 ? L pN C N 0 9 CA) 1 00 1 .nl m or -d 0 0 Q' ru rr M b 0 0 0 C3 w W Ul O m N 9 -n rn E5 rn DONALD E. FRAZIER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 08-1165 CIVIL TERM FAYE J. FRAZIER, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 25, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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 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. §4904 relating to unsworn falsification to authorities. Dated:, 3,-,o?- - Vr V %A DONALD E. FRAZIER, Plaintiff W e_ V _ DONALD E. FRAZIER, Plaintiff V. FAYE J. FRAZIER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 08-1165 CIVIL TERM 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 in 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. § 4904 relating to unsworn falsification to authorities. Dated: 7 - 3, O k A,6sr_? DONALD E. FRAZIER, Plaintiff C7 c? DONALD E. FRAZIER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1165 CIVIL FAYE J. FRAZIER , : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 25, 2008. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 consent to the entry of a final decree of 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. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. C *Fay. zier n?? Date: `- -7-` - 6 2 eas P DONALD E. FRAZIER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1165 CIVIL FAYE J. FRAZIER CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 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. Section 4904 relating to unswom falsification to authorities. Faye Fra r Date: o g C: ME a CS c.. q %a :: C .1 . A MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this oZ9 day of _4 , 2008, by and between Donald E. Frazier, hereinafter called "Husband" and Faye J. Frazier, hereinafter called "Wife". WITNESSETH: WHEREAS, Husband and Wife were legally married on April 9, 2006, in Las Vegas, Clark County, Nevada; and WHEREAS, there were no children born of the marriage; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW THEREFORE, in consideration of the premises and covenants contained herein, it is agreed by and between the parties hereto that: 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. The parties agree that they have been living separate and apart at least since March 20, 2007. 2. INTERFERENCE Each parry shall be free from interference, authority and control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to molest the other parry, or in any other way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. 3. DIVISION OF REAL PROPERTY Husband and Wife hereby acknowledge that they are the joint owners of a marital residence located at 845 Crooked Stick Drive, Mechanicsburg, Cumberland County, Pennsylvania. Wife, contemporaneously with the execution of the within Agreement, shall execute a deed transferring all her right, title and interest in and to the aforesaid marital residence to Husband. Husband shall assume as his full and sole obligation all the expenses incident to the use and ownership of the aforesaid marital residence including, without limitation, any and all mortgage payments, liens, taxes, liability and fire insurance, utilities, sewer, water, refuse collection, assessments, proper maintenance, repairs, additions and improvements and he further covenants and agrees to indemnify and hold Wife harmless from any such liabilities, obligations or expenses or any claims or demands as a result thereof. Husband and Wife hereby acknowledge that Wife is the owner of a residence located at 1550 Mendenhall Drive, Mechanicsburg, Cumberland County, Pennsylvania. Husband acknowledges that he has no right, title or interest in and to the aforesaid property of Wife. 4. DIVISION OF PERSONAL PROPERTY The parties have divided their personal property to their mutual satisfaction. 5. EQUITABLE DISTRIBUTON Except as specifically provided for in this Agreement, the parties agree that they have satisfactorily equitably divided all their marital property. 6. Each party shall retain as their sole and separate property any pension benefits in their own name including, but not limited to, IRA's, 401(k) plans, 403(b) plans or other pension benefits, including disability benefits. 7. MOTOR VEHICLES Husband shall retain possession and ownership of the 2005 Nissan Pathfinder and 2004 Nissan 350Z presently titled in his name and in his possession free and clear of any right, title and interest in said vehicles on the part of Wife. Wife shall retain possession and ownership of the 2005 Acura TL presently titled in her name and in her possession free and clear of any right, title and interest in said vehicle on the part of Husband. 8. CREDIT CARDS AND LOANS The parties represent that there are no credit cards, charge cards or loans in their joint names. 9. LIFE INSURANCE Each party shall retain any life insurance policies in their names individually including any cash value related thereto and each party shall have the right to name beneficiaries of life insurance proceeds. 10. TAX RETURNS For tax year 2007 and thereafter, the parties shall file separate tax returns. 11. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement or seeking such other remedy or relief as may be available to him or her. 12. FULL DISCLOSURE Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever and of all other facts relating to the subject matter of this Agreement to which such parry may reasonably require to make an informed decision regarding this Agreement. 13. ADDITIONAL INSTRUMENT Each of the parties shall upon request execute and deliver to the other any documents necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails to comply with this provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 14. WIFE'S DEBTS Wife represents and warrants to Husband that she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and Wife shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 15. HUSBAND'S DEBTS Husband represents and warrants to Wife that he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and Husband shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 16. MEDICAL INSURANCE. Husband hereby acknowledge that Wife is presently providing medical insurance coverage for Husband through her current employment. It is understood by the parties hereto that the coverage shall continue through the date of the Decree in Divorce and that prior thereto Wife shall take the necessary steps to provide Husband with information concerning his right to obtain COBRA coverage following the entry of the Decree in Divorce. 17. WAIVERS 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 rights he or she may now have or hereafter acquire, under the present or future 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, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 18. REPRESENTATION The provisions of this Agreement and their legal effect have been fully explained by their respective attorneys. Husband is represented by Robert B. Lieberman, Esquire and Wife is represented by Debra Cantor, Esquire. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of the Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 19. TAX PROVISIONS The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other that those expressly set forth herein. 21. PRIOR AGREEMENT It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 22. MODIFICATION AND WAIVER Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality 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. 23. GOVERNING LAW This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 24. INDEPENDENT SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 25. VOID CLAUSES If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then and only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 26. ENTRY AS PART OF DECREE The parties shall, upon expiration of the 90-day waiting period, execute Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree in order to have a Decree in Divorce entered in the case docketed to No. 08-1165 in Cumberland County, Pennsylvania. Wife's attorney shall provide Wife's signed documents to Husband's attorney upon request. 27. DOMESTIC RELATIONS CODE OF THE COMMONWEALTH OF PENNSYLVANIA Each party waives any claim that they may have against the other under the Domestic Relations Code or other laws of the Commonwealth of Pennsylvania including, but not limited to, spousal support, alimony, alimony pendente lite, counsel fees, costs and equitable distribution of marital property. IN WITNESS THEREOF, the parties hereto intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : ss. On this A94 day of MAV , 2008, before me, a Notary Public, personally appeared DONALD E. FRAZIER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. Notary * * * * * * * CHERYL. L. FERGUSON, HGWY Pebik of IiawnaburR? My?sr?oa Expi?a ? 6, 20 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : ss. On this /ff -/A day of <10k, , 2008, before me, a Notary Public, personally appeared FAYE J. FRAZIER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. M ?L H OF PENNSYLVANIA Jeame ht ftTt s t y ? D!'?q?y9, D?upi'Yn PubkC N&ry Public CMW Irbn E June 7Zp11 PennsylVenle Association of Notaries L C'3 CID rl) DONALD E. FRAZIER, Plaintiff V. FAYE J. FRAZIER, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL DIVISION : NO. 08-1165 CIVIL TERM PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 3301 (c) (Strike out inapplicable section) 2. Date and manner of Complaint: Certified mail return receipt on FebBIM 26, 2008 as evidenced by an Affidavit of Service filed in the Prothonotary's Office of Cumberland County on March 11, 2008. 3. 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 07/03/08; by defendant 06/26/08 b.(1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 4. Related claims pending: None 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 plaintiff's Waiver of Notice in 3301 (c) was filed with the Prothonotary: July 9, 2008 Date defendant's Waver of Notice in 3301 (c) was filed with the Prothonotary: July 9, 2008 4, -41t? Robert B. Lieberman, Esquire Attorney for Plaintiff t ` am N y . IN THE COURT OF COMMON PLEAS DONALD E. FRAZIER, Plaintiff OF CUMBERLAND COUNTY STATE OF PENNA. N O. 08-1165 CIVIL TERM VERSUS FAYE J. FRAZIER, Defendant DECREE IN DIVORCE AND NOW, 4r DECREED THAT DONALD E. FRAZIER AND FAYE J. FRAZIER ARE DIVORCED FROM THE BONDS OF MATRIMONY. IT IS ORDERED AND , PLAINTIFF, ,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 terms of the Marital Settlement Agreement entered into by the parties on May 29, 2008 are incorporated, but not merged, into this Decree in Divorce. BY THE G URT: ATTES • J. PROTHONOTARY oft