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HomeMy WebLinkAbout08-3385 I0 CASEY J. KAPURA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. Q a- 33 4rJ r0v) i +c-r a. DAVID E. KAPURA, Defendant : IN DIVORCE NOTICE 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 also 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, High and Hanover Streets, Carlisle. IF YOU SO 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 40 CASEY J. KAPURA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law : No. 6 3 3 $'r Cr) J,1 DAVID E. KAPURA, Defendant IN DIVORCE COMPLAINT UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Casey J. Kapura, by and through her counsel, Michael J. Whare, Esquire and avers as follows: 1. Plaintiff is Casey J. Kapura, an adult individual, who currently resides at 248 Franklin Street, First Floor, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is David E. Kapura, an adult individual, who currently resides at 58 Subdivision Road, Newville, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 17, 2003, in Carlisle, Cumberland County, Pennsylvania and separated on or about Ocotober 2007. 5. There have been no prior actions of divorce or annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Respectfully submitted, Date: (0--d07 Michael I Wh , Esquire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff CASEY J. KAPURA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. DAVID E. KAPURA, Defendant IN DIVORCE 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 unworn falsification to authorities. Date: e C J. Ka r? Plaintiff Y rv co Z-?? ?y a CASEY J. KAPURA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2008-3385 CIVIL ACTION - LAW DAVID E. KAPURA, Defendant : IN DIVORCE MARITAL PROPERTY AND SETTLEMENT AGREEMENT This Agreement, made and entered into this ,?_I_ day of -YgNy Aej , 2009, between David E. Kapura, hereinafter referred to as "Husband," and Casey J. Kapura, hereinafter referred to as "Wife." WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on May 17, 2003 in Carlisle, Cumberland County, Pennsylvania; and, WHEREAS, a Complaint in Divorce was filed in the Cumberland County Court of Common Pleas at No. 2008-3385 on June 2, 2008; and, WHEREAS, certain differences have arisen by and between the parties as a result of which they have now separated and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligation as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and, WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; and, WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to counsel fees, or expenses and other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: Advice of Counsel. Husband and Wife acknowledge that they have been given the opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligation, and each party acknowledges and accepts that this 2 Agreement is, and under the circumstances, fair and equitable, after having the opportunity to receive such advice and with such knowledge, and that execution of this Agreement is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has had the opportunity to be fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and having the opportunity to be fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order effecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect. by each other. 3. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3 4. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 4 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court pursuant to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 5. Division of Personal Property. The parties agree that they have divided their personal property including all household items, accounts, mutual funds and automobiles to their mutual satisfaction. Each party agrees to execute whatever document is necessary to accomplish the intent of this paragraph. 6. Real Property. The parties acknowledge that Husband is the owner of real estate located at 58 Subdivision Road, Newville, Pennsylvania. A mortgage on said house is in Husband's name alone and he agrees to continue to make payments thereon. Hereinafter, Wife shall have no marital interest or any other interest in said home and shall have no liability for said mortgage. 7. Debts. The parties acknowledge that they are responsible for a car loan from Member's First Federal Credit Union in the approximate amount of $16,000.00. In exchange for Wife waiving her marital interest in the real estate described in Paragraph 6, Husband agrees to pay Wife upon the execution of this Agreement, the sum of $20,000.00, payable in two checks, to wit: One check in the amount of the payoff of Wife's car loan made payable to Member's First Federal Credit Union and the second check in the amount of the difference between the check made to 5 Member's First and $20,000.00. 8. Future Debts. The parties further agree that neither will incur any more future debts for which the other may be held liable, and if either parry incurs a debt for which the other will be liable, that party incurring such debt will indemnify and hold the other harmless from any and all liability thereof. Spousal Support, Alimony and Alimony Pendente Lite. Both parties agree to waive Spousal Support, Alimony and Alimony Pendente Lite. 10. Pensions/Retirement. Both parties agree to waive any interst they may have in the other's Pension/Retirement Accounts. 11. Counsel fees. Each party shall be responsible for their own counsel fees. 12. Divorce. The parties acknowledge their intention and agreement to proceed in an action in divorce to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in any divorce action. The parties agree to execute any and all documents necessary for the entry of a final divorce decree. 13. Breach. In the event that either parry breaches any provision of this Marital Property and Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall 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. 14. Enforcement. The parties agree that this marital settlement agreement or any part 6 or parts hereof may be enforced in any court of competent jurisdiction. 15. Applicable Law and Execution. The parties hereto agree that this marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 16. The Entire Agreement. The parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 17. Incorporation and Judgment for Divorce. In the event that either Husband or Wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this agreement and all of its provisions shall be incorporated into any such judgment for divorce, either directly or by reference. The Court, on entry of judgment for divorce, shall retain the right to enforce the provisions and terms of this marital settlement agreement. 18. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. 7 r-? QD CASEY J. KAPURA, Plaintiff V. DAVID E. KAPURA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action- Law : No. 08-3385 IN DIVORCE PROOF OF SERVICE • Complete itefis 1, 2, and-& Alao"oohs"-'" " Item 4 N Restricted Delivetyrls desired. `` ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the hack of the mallpiece, or on the front If space permits. 1. Article Addressed to: bvi E • Ljtjv1`^ n5?13 1 vW '? 1 - 0 Agent 0 Addre, B. Received by {PrlWw Marne) C. Datp of Pell D. Is delivery address cliff Brent from kern 1? ? Yes If YES, enter delivery address below: ? No v f ti 1 a? ( 3. Service type Id Qerkfied Mail 13 Express mu ? Registered Ef Return Receipt for Merchandise ? Insured (Nail ? C.O.D. 4. Restricted Deliver?/t Pft Fee) Yes 2. Article Number 7007 0710 0003 2207 0080 (Transfer fmm aervkce kd* Ps Form 8811, February 2004 Dorroodc Retwn Reodpt 102595.02-M-1540 ra wc+ rn 77, ? 'E1 ? ' CASEY J. KAPURA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law DAVID E. KAPURA, Defendant No. 08-3385 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 2, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. S Date: D 'd . Kapura, Defe dart b..? A . % M r p? i i i -,Y,3 J CASEY J. KAPUILk : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law : No. 08-3385 DAVID E. KAPURA, Defendant 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. § 4904, relating to unsworn falsification to authorities. 3b Date: David E. Kapura, Defendant r.? ?:- -:: c` 's . '? ?' ? r e - - L- - ....,,, .! ? ?°?: ? ,? ? -< CASEY J. KAPURA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law DAVID E. KAPURA, Defendant : No. 08-3385 : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 2, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. Date: 3 Casey J. Kap laintiff *?,,, : _. _ ?'? W ? .? ?`= v ? . ?? ?r't?` f... - i "'?+ CASEY J. KAPURA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law DAVID E. KAPURA, Defendant No. 08-3385 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. § 4904, relating to unsworn falsification to authorities. Date: /, r Casey . Kap laintiff ? ? s-{..; ? `-? W `^? C Sy ?'$ ,Y?. '?i } ^. C?` ?=? ? ?e 4 ? CASEY J. KAPURA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law DAVID E. KAPURA, Defendant No. 08-3385 : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Filed June 2, 2008, was served on the Defendant by certified mail, endorsed restricted delivery-return receipt requested and signed on June 4, 2008. 3. Date of execution of the Affidavit of Consent required by § 3301 (c) of the Divorce Code: by the Plaintiff on February 3, 2009; by the Defendant on January 30, 2009. The Affidavits were filed on February 17, 2009 for both parties. 4. Related claims pending: None 5. (b) Date Plaintiff s Waiver of Notice in § 3301 (c) Divorce was filed with the Prothonotary: February 17, 2009. ,.- . --s Date Defendant's Waiver of Notice in § 3301 (c) Divorce was filed with the Prothonotary: February 17, 2009. Respectfully submitted, v1 d M t"Date. Michael J. Whare, squire 3 7 East Pomfret Street Carlisle, Pa 17013 (717) 243-3561 Supreme Court ID # 89028 Attorney for Plaintiff ci- ? U C3 c°-+ CASEY J. KAPURA V. DAVID E. KAPURA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-3385 CIVIL ACTION-LAW DIVORCE DECREE AND NOW, Cp?- 11, _?ynl , it is ordered and decreed that CASEY J. KAPURA , plaintiff, and DAVID E. KAPURA , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") ?vw- A Marital Settlement Agreement is incorporated but not merged with this Decree. By the Attest: j J. f Prothonotary f ca .(T 1 1!9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ???, Vs File No. n 11 `? ?• ? ?rC? IN DIVORCE U Y 'Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, 1 or after the entry of a Final Decree in Divorce dated b. ?q Aq hereby elects to resume the prior surname of !;V-6 KJ-- , and gives this written notice avowing his / her intention pursu q the provisio of 5 P.S. 704. Date: 8 69 ignature Signature o name being resumed COMMONWE TIIOF PENNSYLVANIA ) COUNTY OF On the 94"day of , 200q, before me, the Prothonotary or the notary public, personally appeared a above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Notary Public NOTARIAL SEAL PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 TH: 2009 JUL --8 fli 3: 18 1 +..'v r? i N