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HomeMy WebLinkAbout04-1805DARLENE E STEWART RICHARD J STEWART Plaintiff, Defendant IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY P E N N SYLVAN IA CIVIL ACTION--LAW NO. IN DIVORCE NOTIC~ TO DEFEND AND CLAIM RIGHTS TO: Richard J. Stewart 306 N. Second Street Wormleysburg, PA 17043 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. When the ground for divorce is irldignities 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, LAWYERS FEES OR EXPENSES BEFORE A DIVORCE OR ANN~JLMENT 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 BIELOW TO FIND OUT WHERE YOU CAIN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013-3387 PHONE: (717) 249-3166 DARLENE E STEWART, RICHARD J STEWART, Plaintiff, Defendant IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION -.LAW NO. ~.. IN DIVORCE COMPLAINT UNDER 3301 OF THE DIVORCE CODE I. Plaintiff is Darlene E. Stewart who currently resides at 311 South Enola Drive, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant is Richard J Stewart who currently resides at 306 N. Second Street, Wormleysbur.q, Cumberland County, Pennsylvania, 17043. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more then six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on June 23, 1995 in Winchester, Winchester County, Virginia. 5. The Plaintiff is in the PA Army National Guard, 28 Division 2/104 Avn., Fort Indiantown Gap. The Defendant is not in the military or naval service of the United States or its allies within the provisions of the Soldiers and Sailors Civil Relief Act of the Congress of 940 and Its Amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The 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 avers that there are no children bom of the marriage. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER S 3301 (c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing and service of this Complaint, plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit, WHEREFORE, in both parties file Affidavits consenting to a divorce after ninety (90) days have elapsed from the filing and service of this ,Complaint, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to § 3301(c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER 3301(d) OF THE DIVORCE CODE 12. The pdor paragraphs of this Complaint are incorporated herein by reference thereto 13. The marriage of the parties is irretrievably broken. 14. The parties have been living separate and apart since November 1, 2003. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to 3301(d) of the Divorce Code. Respectfully submitted. DARLENE E STEWAP, T. Darlene E Stewart 311 South Enola Drive, Enola, PA 17043 (717)574-2789 VERIFICATION I, Dadene E. Stewart, verify that the statements made in the foregoing Complaint for Divorce 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 unswom falsification to authorities. Da~rlene E Stewart CERTIFICATE OF SERVICE I, Dadene E Stewart, hereby certify that I served a true and exact copy of the Complaint for Divorce with reference to the foregoing action by first class mail, prepaid, this ...~/~ day of ,4~f-,'/ 2004, or1 the following: Richard J. Stewart 306 North Second Street Wormleysburg, PA 17043 E~arlene E Stewart' MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of _~'~-,~/"~ / , 2004, by and between Richard J Stewart (hereinafter "Husband ") of Pennsylvania and Darlene E Stewart (hereinafter "Wife") of Pennsylvania. WITNESSETH: WHEREAS, the parties are Husband and Wife married on June 23, 1995 in Winchester, VA WHEREAS, no children wore bom of the mamage; WHEREAS, unhappy differences and difficulties have arisen between the parties, in consequence of which the parties intend to live separate and apart for the rest of their natural lives; Wife filed for divorce on ~/~'~' ,~l .~?ce~/ which action is docketed WHEREAS, to Cumberland County Docket , WHEREAS, notwithstanding the filing of said divorce complaint, husband and Wife have been living separate and apart effectively since November 1, 2003. WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including, but not limited to, the ownership and equitable distribution of real and personal property; alimony and/or maintenance; and any and all claims which either party has, or may have, against the other or the other's estate; and NOW, THEREFORE, in consideration of the mutual promises, covenants, and undertakings hereinafter set forth and for other good and ,valuable consideration, receipt of which the parties, acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree as follows: 1. SEPARATION Each party shall have the right to live separate ancl apart from the other party, free from the other party's interference, authority, and control. Neither party shall interfere with the other or attempt to interfere with the other, nor compel the parties' cohabitation. 2. HUSBAND'S AND WIFE'S DEBTS Except as otherwise set forth in this Agreeme, nt, the parties represent and warrant to each other that they have not incurred and willl not contract or incur any debt or liability for which the other or the other's estate might he responsible. Each party shall indemnify and save harmless the other party from all and all claims or demands made against the other by reason of debts or obligations incurred by that party. 3. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors administrators, assigns, property, and estate from any and all rights, claims, demands or obligations adsing out of or by virtue of the marital relationship, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of former or future acts., contracts, engagements, or liabilities of the parties or by way of dower, courtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the dght to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's, estate, whether arising under the laws of Pennsylvania, any state, commonwealth, or territory of the United States, or other country. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties conllained in this Agreement, each party gives to the other an absolute and unconditional release and discharge from all causes of action, claims, rights, or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including, but not limited to, alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or expenses. 4. DIVISION OF PERSONAL PROPERTY All personal property currently in Husband's pos~session shall be the sole and separate property of Husband. All personal property currently in Wife's possession shall be the sole and separate property of Wife. 5. JOINT DEBTS The parties acknowledge that they have joint debts which were jointly incurred dudng their marriage: Approximate Account (a) Mitsubishi Motors Credit Of America (Car) Amount paid so far: $10,598 (b) Capital One Auto finance (Truck) Amount Paid $ 6,785 Balance Due $11,329 $ 7,798 Husband shall be solely responsible for 100% of both the Mitsubishi Motors Credit of America (Car) and the Capital One Auto finance (Truck). Any debts or obligations incurred by either party in his/her individual name, other than those specified herein, whether incurred before or after separation, are the sole responsibility of the party in whose name the debt or obligation was incurred. 6. RETIREMENT BENEFITS During the marriage there were no retirement benefits. 7. DIVISION OF BANK ACCOUNTS Husband and Wife acknowledge that all joint bank accounts will be closed or divided to their mutual satisfaction within ninety (90) days of this Agreement. 8. AFTER-ACQUIRED PROPERTY Each of the parties shall own and enjoy, independently of any claims or rights of the other, all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 9. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY Husband AND Wife waive and relinquish all rights, if any, to spousal support, alimony pendente lite, and alimony. Any transfer of monies between the parties pursuant to any term of this Agreement shall not constitulle alimony, but is made as part of die parties' equitable distribution. 10. TAX MATTERS The parties have negotiated this Agreement with the understanding and intention to divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the dghts or each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Intemal Revenue CodE;, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor or transferee. 11. COUNSEL FEES AND EXPENSES Except as otherwise specified herein, each party shall be responsible for 50% of payment of filling fees and expenses. 12. ADVICE OF COUNSEL The parties acknowledge that each has received or has had the opportunity to receive independent legal advice from counsel of their selection and that they have been informed filly as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he/she understands fully the terms, conditions, and provisions of this Agreement and believes them to be fair, just, adequate, and reasonable under the existing circumstances, The parties further confirm that each is entedng into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress, undue influence collusion, or improper or illegal agreement. 13. AFFIDAVITS OF CONSENT Each party agrees to execute an Affidavit of Consent for the obtaining of a no- fault divorce under the provisions of the Divorce Code of 1980, as amended. 14. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court, 15. DATE OF EXECUTION The "date of execution", "date or this agreement", or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date, Otherwise, the "date of execution", "date of this agreement", or "execution date" shall be the date on which the last party signed this Agreement. 16. HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction, or affect of this Agreement. 17. SEVERABILITY AND INDEPENDENT ANID SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and agreement, 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 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 fill force, effect, and operation. 18. AGREEMENT BINDING ON HEIRS This Agreement shall be binding on and shall enure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns. 19. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations, warranties, covenants, or promises other than those expressly set forth in this Agreement. 20. MODIFICATION OR WAIVER TO BE IN WRITING No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 21. NO WAIVER OF DEFAULT The failure of either party to insist upon strict performance of any term of this Agreement shall in no way affect the right of such party hereafter to enforce the term. 22. VOLUNTARY EXECUTION The parties acknowledge that this Agreement is fair and equitable, and that they have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion, or improper or illegal agreements. 23. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of the Pennsylvania and more specifically under the Divorce Code of 1980, as amended. 24. ATTORNEYS' FEES FOR ENFORCEMENT Ii either party breaches any provision of this Agreement, the breaching party shall pay all reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing that the enforcing party is successful in establishing that a breach has occurred. IN WITNESS WHEREOF, the parties have set their hands and seals the day end year first written above. WITNESS: Darlene E. Stewart ,R/'ic~ard- .J~Stewart COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this, the _~.~day of SS ,2,004, before me, the undersigned officer, personally appeared Dadene E. Stewart, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital .~ttlement Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My com(~ission I=xpires: COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF : On this, the c~_~~'~ day of ~p(il , ?.004, before me, the undersigned officer, personally appeared Richard J. Stewart, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Madtal Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My commission Expires: Cily Of Harrisburg, Dauphin County MY Cornrr~ssion E~res May ~ 1, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff · Vs : Defendant : File No. _(hq -/SP&~ IN DIVORCE NOTICE TO RESUME PRIOR SUILNAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one 6y marking "x"] )(, prior to the entry of a Final Decree in Divorce, or ~ after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of rl~,~z El Lc~;]~,o, and gives this written notice avowing his / her intention pursuit to .the provisions of 54 P.S. 704. Signature -~gnatu~e g resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF~z~.~.~. On the~(~ ~ day of ~fi)v~ ,200~_, before me, the Prothonotary or the notary public, personally appeared the 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. NOTARIAL SEAL JODY S. SMITH, NOTARY PUBLIC Carlisle Boro, Cumberland County My Commission Expires April 4, 2005 Darlene E. Stewart KJN/A Darlene E. Wilson: Plaintiff Richard J. Stewart Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1805 CIVIL TERM 1N DIVORCE AFFIDAVIT OF CONSENT 1. An Amended Complaint in Divorce under §§ 3301(c) and (d) of the Divorce Code was filed on April 26th, 2004 and served upon Defendant on April 27th, 2004. 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 any false statements herein are made subject to the penalties of 18 Pa.C.S., § 4904, relating to unswom falsification to authorities. Dated: Darlene E. Stewart K/N/A Darlene E. Wilson 309823-1 Darlene E. Stewart IC~N/A Darlene E. Wilson: Plaintiff Richard J. Stewart Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.. 04-1805 CIVIL TERM, IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER § 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 fights conceming alimony, division of property, lawyer's fees or expenses ifI 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Darlene E. Stewart K/N/A Darlene E. Wilson 309823-1 Darlene E. Stewart K/N/A Darlene E. Wilson,: Plaintiff : Richard J. Stewart Defendant : 1N THE COURT OF COMMON PLEAS OF CUMBER/LAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1805 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. An Amended Complaint in Divorce under §§ 3301(c) and (d) of the Divorce Code Was filed on April 26th, 2004 and served upon Defendant on April 27th, 2004. 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 any false statements herein are made subject to the penalties of 18 Pa.C.S., § 4904, relating to unsworn falsification to authorities. Dated:~3 tlcot._~ O4 309823-I Darlene E. Stewart K/N/A Darlene E. Wilson,: Plaintiff : Richard J. Stewart, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1805 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER § 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 ifI 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 unswom falsification to authorities. Dated:~ ~ ~q Ri~/l~lJ. St~w~ 309823-1 Sworn and Subscribed to before me this I~~'- day Notary Public NOTARIAL SEAL CLAUDIA A BREWBAKER, NOTARY PUBLIC Carlisle Boro, Cumberland County My Commission Expires April 4, 2005 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. ~<7j- lc~O~'~ CIVILTERM 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. Ground for divorce: Irretrievable breakdown under §3301 (c) 3301 (d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Dateand manner of service of the complaint: ~c~r.lq~C',~D ~,Oc~ ~b~-'~. (a) Date of execution of the affidavit of consent r~quired b~'§3301 (c) of the Divorce Code: bY plaintiff PL~.~/-~/t ~£D/~' CO ~/ ; bY defendant /~ _//£'/c "~D (b) (1) Date of executi~{ of the affidavit required by §3301 (d) i of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: 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 wa~ filed with theProthonotary: .~/_~c~U'_~/ /6 ~--~7/ 2 00Cl/ Date defendant's Waiver o~Notice in {}3301 (c) Diivorce was filed with the Prothonotary: /~/~/~ //~ /~'~/) ,_~ 6~4 Attorney for Plaintiff / Defendant IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ,,.~~. PENNA. VERSUS DECREE IN DIVORCE AND NOW, ~fl'~L /~ ~1"~, IT IS ORDERED AND DECREED THAT k__//~J~ I~/0~ ~ ~' ~0~ , PLAINTIFF, AND ~"~~ ~. ~~"~ , 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; ~ ¢ ATT E STT~~ PROTHONOTARY