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HomeMy WebLinkAbout08-5034JANET U. PAGE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. ?, SD 3 BRYAN A. PAGE, Defendant IN DIVORCE NOTICE TO DEFEND 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 Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 (717) 249-3166 or 800-990-9108 SAIDIS, FLONWR & LINDSAY 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY N?11 n" Marylou MOT-is, Es i Attorn d. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff JANET U. PAGE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 5-0 3 q BRYAN A. PAGE, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is JANET U. PAGE, an adult individual currently residing at 1193 Letchwood Rd., Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is BRYAN A. PAGE, an adult individual currently residing at 4232 Wagonwheel Court, Apt. C, Harrisburg, Dauphin County, Pennsylvania 17109. 3. The Plaintiff and Defendant both have been bona fide residents in 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 February 13, 1993 in New FLOWER & LINDSAY T -W 26 West High Street Carlisle, PA Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. The Plaintiff has been advised that counseling is available and that she has the right to request that the court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 (c) or (d) of the Pennsylvania Divorce Code. Respectfully submitted, FWVVER SAIDIS, LINDSAY 26 West High Street Carlisle, PA Dated: &L SAIDIS, FLOWER & LINDSAY Attom?y IV! 84919 t 26 Wes igh Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff VERIFICATION I verify that the statements made in the foregoing document are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. JANE . PAG Date: Y l 1 S Av Ir SAIDIS, FLOWER & LINDSAY JUTOMRS-AMAW 26 West High Street Carlisle, PA -A Q w C) t F, N s? G°a -e? .G" ca 0 f -?n 71 Z? a Fri :au I P JANET U. PAGE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. ??- SG 3 BRYAN A. PAGE, : Defendant IN DIVORCE AFFIDAVIT OF SERVICE FWNVER SAID, LINDSAY .,? 26 West High Street Carlisle, PA I, Marylou Matas, Esquire, being duly sworn according to law, hereby deposes and says that on August 22, 2008, she served a true and correct copy of Complaint of Divorce upon Bryan A. Page, by mailing those documents to the his address at 4232 Wagonwheel Court, Apt. C, Harrisburg, PA 17109 by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, Bryan A. Page. Dated: g/ Z(P? v b Respectfully submitted, SAIDIS, FLOWER & LINDSAY IVZ4?Llrl-?'L Maryou: tas, quire I D No. 9 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff e USPS - Track & Confirm UU WW STATES POSTAL SERWEo Page 1 of 1 Home I Help Track & Confirm Track & Confirm Search flesults Label/Receipt Number: 7008 0150 0001 6188 3936 Status: Delivered Your item was delivered at 1:10 PM on August 22, 2008 in HARRISBURG, PA 17109. Trek & Confinin Enter Label/Receipt Number. N"on Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. hfo> Site M Contact Us Forms Gov't Services 10h Privacy Policy Terms of Use N i n I & Premier Amounts Copyright@ 1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse ` so that we can return the card to you. A Attach this card to the back of the mailpiece, or on the front if space permits. V. Article Addressed to: iua3 4A n u) Ar r4- ti ' 3. Service type Nxt sbuY -P ?Ceglatowail 13 Rep rn Recel l /'1 ? Registered 13 etum Receipt for Merchandise ' 7l Oq ? insured mail ? C.O.D. I 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number (rmnew *om service kd* 7008 0150 0001 6188 3936 PS Form 3811, February 2004 Domestic Rett m Receipt 102595.02-M-1540; hq://trkcnfrm 1. smi.usps. com/PTSIntemetWeb/InterLabelInquiry. do A. Signatu X ? Agent X' \ IAkAl-,, V0- __' ? Addressee 'F B. Received by Printed Name) C. Date of Delivery D. Is del" address different from Item 1? O Yes _ If YES, enter delivery address below: VkNo 10 8/26/2008 tom`} ?i ?T } ' Y r ?Y? }y t I ? ? }gip. ;rri PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this 2611 day of June 2008, between Bryan A. Page , of 4232 Wagonwheel Court, Apt. C, Harrisburg, Dauphin County, Pennsylvania, hereinafter referred to as Husband, and Janet U. Page, of 1193 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R,1: The parties hereto are husband and wife; and R.2: A Complaint for Divorce may be filed; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including,, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed 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 from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) REAL PROPERTY: The parties are the owners of certain real estate with 1 improvements thereon erected and known and numbered as 1193 Letchworth Road, Lower Allen Township, Camp Hill, Cumberland County, Pennsylvania, which Husband has conveyed to Wife by deed dated June 9, 2008. Wife agrees that she shall pay for all household expenses including, but not limited to, mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, Wife hereby shall hold Husband harmless and indemnify Husband from any loss thereon. Wife shall refinance or assume said mortgage obligation within six months from the date of this agreement. (3) DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement, except as follows: Advanta Mastercard - $13,099.00 ii. American Express - $15,612.00 iii. VISA - $11,124.00 iv. Mastercard - $ 5,878.00 1: Husband shall pay all the above referenced by making timely monthly payments in at least the minimum amount required by the creditors until paid in full. 2: Husband shall pay the outstanding debts as set forth herein and further agrees to indemnify Wife and save Wife harmless from any and all claims and demands made against Wife by reason of such debts or obligations. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur 2 any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (4) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. If necessary, within thirty (30) days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Husband shall retain the Honda Accord, subject to the encumbrance with Members First F.C.U.; and Wife shall retain the 2005 Jeep Liberty, which is free and clear of any encumbrances. (5) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (6) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including 3 retirement accounts, savings plans, pension plans, stock plans, 401 K plans, Wife's 401 K Plan with Vanguard and the like. (7) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (8) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Wife is represented by Robert C. Saidis, Esquire and, Husband has been advised that he may be represented by counsel of his choice. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (9) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (10) INCOME TAX: A: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless 4 the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B: The parties may agree to file a joint federal and Pennsylvania income tax returns in 2008 and in subsequent years. In the event that a joint return is filed, the parties shall contribute proportionately, based on incomes, to any tax due or share any income tax refunds in the same manner. (11) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (12) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. 5 (13) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (14) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente life, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (15) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: 6 (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (16) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (17) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such 7 final judgment or decree of absolute divorce and shall be entirely independent thereof. (18) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and 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, (19) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (20) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: Bryan A. ge C ? // Janet Page 8 t" ? l X NI f-.- ? war JANET U. PAGE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. AOO'?- 503+ BRYAN A. PAGE, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) or (d) of the Divorce Code was filed August 21, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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 to the best of my 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. Date: -1LL? JA U. PAG J PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDERS 3301 (c) OR (d) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of 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 SAIDIS, FLOWER & LINDSAY AITUMEtS•APIAW 26 West High Street Carlisle, PA 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 to the best of my 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. Date: 6'& Ack- e _? 6 . ? - '. PAOV? DEC 012008 J t`wa , 1 77 r-. ?f i? JANET U. PAGE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 5D34 BRYAN A. PAGE, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) or (d) of the Divorce Code was filed August 21, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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 to the best of my 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. Date: W/6 9' I IL BRYAN A. PAGE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 (c) OR (d) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. i understand thLt i may lose rights concerning aiimony, 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 SAWIS, FLOWER & LINDSAY nrro?t?s•uuw 26 West High Street Carlisle, PA 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 to the best of my 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. Date: BRYAN A. PAGE f? ? :t [?'' _? ? ' i ? ? ?'',? i,? e :;4. JANET U. PAGE, Plaintiff v BRYAN A. PAGE, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on August 22, 2008, via certified mail. Proof of service was filed with the Court on August 27, 2008. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was executed: 4. Related claims pending: None. SAIDIS, FLOWER & LINDSAY AT[ORNEYS-AT uw 26 West High Street Carlisle, PA 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was executed: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-5034 IN DIVORCE By Plaintiff: On November 26, 2008 and filed with the Prothonotary on December 1, 2008. By Defendant: On November 28, 2008 and filed with the Prothonotary on December 1, 2008. By Plaintiff: On November 26, 2008 and filed with the Prothonotary on December 1, 2008. By Defendant: On November 28, 2008 and filed with the Prothonotary on December 1, 2008. SAIDIS, FLOWER & LINDSAY -Ni Marys, Esquire- Supreme bodrt ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for the Plaintiff 7-, -."7j x:3 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANET U. PAGE V. BRYAN A. PAGE NO. 2008-5034 DIVORCE DECREE AND NOW 14"T it is ordered and decreed that , % -01,2" 01, JANET U. PAGE , plaintiff, and BRYAN A. PAGE , 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.") VMAQ- The terms of the Separation and Property Settlement Agreement dated June 20, 2008 are Decree of Divorce. By the t Attest: Z J. Prothonotary R n r ? /,W- a/ - el