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HomeMy WebLinkAbout01-6820IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE ANN MeLAUD Plaintiff V CHRISTOPHER ROBERT McLAUD Defendant CML ACTION- LAW NO.: d[-(~~/~'~ CMLTERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court, lfyou 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 n 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: Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULLMENT 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 Two Liberty Avenue Carlisle, PA 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE ANN McLAUD Plaintiff V CHRISTOPHER ROBERT MeLAUD Defendant CIVIL ACTION - LAW NO.: CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE COMPLAINT UNDER SECTION 201 (c) OF THE DIVORCE CODE COUNT ONE Plainfiffis Katherine Ann MeLaud, who currently resides at 208 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania. Defendant is Christopher Robert McLaud, who currently resides at 660 Boas Street, Apas-tment 612, Harrisburg, Dauphin County, Pennsylvania. Plaintiff and defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. The plaintiff and defendant were married June 26, 1999 at Towanda, Bradford County, Penn.~ylvania. There have been no prior a~tions of divorce or annulment between the parties. (1.) o 11. 12. The marriage is irretrievably broken. Plaintiff has been advised that counseling is available and that plaintiff may have the fight to request that the court require the parties to participate in coun~ling. Plaintiff requests the court to enter a decree in divorce. WHEREFORE, after the expiration of the statutory time period and upon the filing of the appropriate affidavits, plaintiff petitions the Court to enter a divorce decree dissolving the marriage between the parties. COUNT TWO The prior paragraphs of this Complaint are incorporated herein by reference thereto. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlemem of their differences. While no settlement has been reached as of the date of the filing of this Complaint, plaimiffis and has always been willing to negotiate a fair and reasonable settlement of ail matters with defendant. To the extent that a written settlement agreemem might be entered into between the parties prior to the time of hearing on this Complaint, plaintiffdesires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. (2.) WHEREFORE, if a written settlement agreement is reached between the parties prior to the time of hearing on this Complaint, plaintiff respectfully request that, pursn_ar~t to Sections 3104(a)(1) and (3) and 3323(b) of the Divorce Code, the Court approve and incorporate such agreement in the final divorce decree. Respectfully Submitted, 1722 Green Street Harrisburg, PA 17012 (717) 238-6551 Attorney for Plaintiff (3 .) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE ANN McLAUD Plaintiff CHRISTOPHER ROBERT McLAUD Defendant CIVIL ACTION - LAW NO: CIVIL TERM IN DIVORCE VERIFICATION TO COMPLAINT IN DIVORCE Plaintiff verifies that the statements made in this Complaint are true and correct. Plaintiff understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unswom falsification to authorities. Katherine Ann McLaud Plaintiff Date 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE ANN McLAUD Plaintiff V CHRISTIPHER ROBERT McLAUD Defendant CIVIL ACTION - LAW NO.: NO.: CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U. S. mail, puts-ant to Pa. R.C.P 1920.4 and 1930.4 one copy for delivery by certified mail, restricted to addressee, return receipt requested, and one copy for delivery by regular mail, tree and correct copies of the foregoing Complaint in Divorce upon the person indicated below. Christopher Robert McLaud 660 Boas Street Apartment 612 Harrisburg, PA 17102 fiate MichaelffffMcGover~ Esquire Suprem~"Court No. 52802 Attorney for Plaintiff 1722 Green Street Harrisburg, PA 17102 Attorney for Plaintiff C -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE ANN McLAUD Plaintiff CHRISTOPHER ROBERT McLAUD Defendant NOTICE OF AVAIl,ABILITY TO THE WITHIN-NAMED DEFENDANT: CIVIL ACTION- LAW NO.: ~l (O ~"-~ CML TERM IN DIVORCE OF COUNSELrN~ You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County, This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse ro attend marriage coun~ling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Penn.qylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor fi:om this list. All necessary arrangements and the cost of counseling sessions are to borne by you and your spouse. If you desire to pursue counseling, YOu must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will consifitute a waiver of your right to request counseling. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE ANN McLAUD Plaintiff CHRISTIPHER ROBERT McLAUD Defendant CIVIL ACTION - LAW : NO.: NO.: : .- : CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U. S. mail, pursuant to Pa. R.C.P 1920.4 and 1930.4 one copy for delivery by certified mail, restricted to addressee, return receipt requested, and one copy for delivery by regular mail, true and correct copies of the foregoing Notice of Availability of Counseling upon the person indicated below. Christopher Robert McLaud 660 Boas Street Apartment 612 Harrisburg, PA 17102 Date ~4ichae~/]. l$lcGo~m, Esquire Suprem~ Court No. 52802 Attorney for Plaintiff 1722 Green Street Harrisburg, PA 17102 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE ANN McLAUD Plaintiff CHRISTOPHER ROBERT McLAUD Defendant CIVIL ACTION - LAW NO.: 01-6820 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SEC. 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose fights 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.& Section 4904 relating to unswom falsification to authorities. Date: iq ~,~ Y 2OO Z ~,~,/i~ ~2h~w'16phelt l~o~ertt/~cLaud, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE ANN McLAUD Plaintiff CHRISTOPHER ROBERT McLAUD Defendant CIVIL ACTION - LAW NO.: 01-6820 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SEC. 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a fmal 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. Section 4904 relating to unsworn falsification to authorities. Katherine Ann McLaud, Defendant' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE ANN McLAUD Plaintiff CHRISTOPHER ROBERT McLAUD Defendant CIVIL ACTION - LAW NO.: 01- 6820 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed On November 30, 2001 and served on December 7, 2001. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. I consent to the entry of a fmal decree in divorce and waive service of the notice of intention to request entry of 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. Katherine Ann McLaud Date: f} -;t ~' ~ o 2-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE ANN McLAUD, Plaintiff VS. CHRISTOPHER ROBERT McLAUD, Defendant .' : CIVIL ACTION ~ LAW : : NO. 01-6820 : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on November 30, 2001. Date: 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of Complaint. 3. I consent to the entry of a final Decree of Divorce after service of a Notice of Intention to Request Entry of the Decree, or the filing of a Waiver of Notice of Intention to Request Entry of a Divorce 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 falsificatior uthorities. Christopher 1~ t/ert/vlcLaud, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE ANN McLAUD Plaintiff CHRISTOPHER ROBERT McLAUD Defendant CIVIL ACTION - LAW NO.: 01-6820 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the Court for Entry of a divorce decree: (1.) The grounds for the divorce is Irretrievable Breakdown under Section 3301 [c] (2.) (3 .) The Complaint was served on December 12, 2001 by Certified Mail, Return Receipt Requested Date of execution of the Affidavits of Consent required by Section 3301[c] of the Divorce Code: By the Plaintiff: May 29, 2002 By the Defendant: May 14, 2002 (4.) The attached written agreement is to be incorporated into the Divorce Decree. (5 .) The Waivers of Notice of Intention to Request Entry of a Divorce Decree were: Executed by the Plaintiff: May 29, 2002 Executed by the Defendant: May 14, 2002 Filed on: May 29, 2002 (6.) All other documents required by Rule 1920.42(C) are enclosed herein. Respectfully Submitted, l~'i~2ha~ Je~enn ~rGe~e ~, Esquire Harrisburg, PA 17102 (717) 238-6551 Pa. Supreme Court No. 52802 Altomey for Plaintiff Dated:~~z~,,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE ANN McLAUD Plaintiff CHRISTIPHER ROBERT McLAUD Defendant CIVIL ACTION - LAW NO.: 01-6820 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served a copy of the Praecipe to Transmit Record in the above captioned matter by first class mail, postage prepaid, addressed to: Frank J. Niemiec, Esquire NIEMIC, SMITH AND PELLINGER, L.L.P. 427 Main Street Towanda, PA 18848 Counsel for Defendant Christopher Robert McLaud Date ~ichael J/~c-Govern, Esquire Supreme Court No. 52802 Attorney for Plaintiff 1722 Green Street Harrisburg, PA 17102 Attorney for Plaintiff MARITAL SETTLEMENT AGREEMENT This Agreement is made by and between Katherine Ann McLaud of Cumberland County, Pennsylvania, (hereinafter "Wife") and Christopher Robert McLaud of Dauphin County, Pennsylvania, (hereinafter "Husband"). WHEREAS the parties hereto are Husband and Wife, having been married on June 26, 1999 at Towanda, Bradford County, Pennsylvania: and WHEREAS there are no children born of the parties marriage; and WHEREAS certain differences exist between the parties and they have decided to permanently live separate and apart from each other, and they intend by this Agreement to fully and finally settle all of their respective rights and obligations as between each other, including, but not necessarily limited to, the settling of all interests, rights, and obligations between them or their estates arising out of their marriage and the ownership of all assets of whatever nature during the course of their marriage. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties, Wife and Husband, intending to be legally bound hereby, covenant and agree as follows: ADVICE OF COUNSEL: Wife has been represented by Michael J. McGovern, Esquire, of Harrisburg, Dauphin County, Pennsylvania. Husband has been represented by Frank J. Niemiec, Esquire of Towanda, Bradford County, Pennsylvania. Page 1 of 7 ABSENCE OF AN AGREEMENT: Each party represents that she or he understands that in the absence of an Agreement, and as a matter of law: (1) as a surviving spouse she or he might be entitled to a greater share in the Decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, dislribution of property, or other financial benefit arising from the marital relationship than is provided for in this Agreement. ACKNOWI,g, DGEMNT OF VOLUNTARINESS: Not withstanding the fore- going, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable, and equitable; that it is being entered into freely, voluntarily, and in good faith; and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. DEFINITIONS: (1) The phrase "Divorce Code" shall be defined as Pennsylvania C.S.A., Title 23, Section 101 et. seq, effective March 19, 1991; (2) The phrase "Date of Execution" or "Execution Date" of this Agreement shall be defined as the date that the last party signs this Agreement; (3) The term "Asset" shall be defined as anything of value, including but not limited to, real and/or personal, tangible and/or intangible property and all financial interests however held; Page 2 of 7 (4) The term "Effective Date of Agreement" shall be defined as the date this Agreement shall become effective and binding upon the parties. The Effective Date of the Agreement shall be the Date of Execution; EFFECT OF DIVORCE DECREE: This Agreement shall merge with any final decree in divorce which might be entered and therefore, upon entry of a decree in divorce, this Agreement shall lose its independent status and shall become a Court Orde,. EFFECT ON DIVORCE: Wife previously filed a Divorce Action in the Court of Common Pleas of Cumberland County, Pennsylvania, No. 01-6820, Civil Term, seeking a divorce pursuant to Section 201[c] of the Divorce Code. As defined in the Code, the parties' marriage is irretrievably broken and the parties do not desire marital counseling. RESPONSIBILITY FOR PROCEEDING WITH DIVORCE: Wife shall be responsible for the prompt filing of the Praecipe to Transmit the Record and the related required documents and costs necessary to obtain the divorce decree. Except as provided in this Agreement, this Agreement shall remain in full force and effect, even if no final decree in divorce is entered. PERSONAL RIGHTS: Each party shall be free from any direct of indirect interference by the other in her or his personal and business activities as of the date of the execution of this Agreement. The parties shall not interfere with, harass, or malign each other, or their respective families, friends, or colleagues of each other WARRANTY OF DISCLOSURE; Wife and Husband represent and warrant that they have disclosed to each other in full their respective assets, liabilities, and income as Page 3 of 7 of the date of their separation and that this Agreement was negotiated and entered into on the basis of those disclosures and their substantial accuracy. The parties acknowledge that they are aware that, but for this Agreement, they might be entitled to additional formal discovery, including by review of documents, inspections, interrogatories, or otherwise. REAL ESTATE: The parties have no marital interest in any real estate. PERSONAL PROPERTY: The parties have equitably divided their personal property to their mutual satisfaction. JOINT DEBTS: The parties acknowledge outstanding joint debts of one thousand two hundred thirty one dollars and sixty two cents ($1,231.62). Wife will assume the responsibility for these debts until such time as Husband graduates from college or for three years from the Date of Execution of this Agreement, whichever date occurs first. At that time Husband agrees to pay Wife six hundred fifteen dollars and eighty one cents ($615.81) Wife agrees to waive any claim to interest on the aforesaid deferred payment on condition that the payment is made within the agreed time period. MOTOR VEHICLES: Wife and Husband have each retained possession of her or his personal automobile and each waives any claim to the vehicle in the others possession. BANK ACCOUNTS, LIFE INSURANCE POLICIES, RETIREMENT BENEFITS AND OTHER PROPERTY: There are no bank accounts, life insurance policies, retirement benefit plans, or other personal property to be divided between the parties. COUNSEL FEES: Each party shall be responsible for her or his own legal fees Page 4 of 7 and expenses. RESUMPTION OF MAIDEN NAME: Wife agrees that as soon as it is legally practical to do so after the Court's granting ora Decree in Divorce she will file the appropriate documents with the Court to resume her maiden name. RELIGIOUS DIVORCE/ANNULMENT: If either of the parties, at any time after the court's granting ora civil decree in divorce, desires to obtain a divorce or annul- ment under the doctrines of their faith, the other party will reasonably cooperate in obtaining such a divorce or annulment. The costs for obtaining such a divorce or annulment shall be paid by the requesting party. MUTUAL WAIVERS AND RELEASES: Except as provided for in this Agreement, this Agreement constitutes a full and final resolution of any and all claims which each of the parties ever had, now have, or may have in the future against the other party and/or the estate of the other party. WAIVER AND MODIFICATION: This is the complete Agreement between the parties and no modification or waiver of any of the terms of this Agreement shall be valid unless in writing and signed by both parties. NO WAIVER OF DEFAULT: this Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. No waiver of any breach or default of this Agreement shall be deemed a waiver of any subsequent default of the same or similar nature or a waiver of strict performance of any other obligations pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the terms of this Agreement shall in no way Page 5 of 7 affect the right of such party to enforce those terms in the future. BREACH: In the event of any breach of the provisions of this Agreement, the remedies available to the non-breaching party are cumulative and include all remedies at law and inequity, and shall not be limited to those remedies specifically referred to in this Agreement. Unless otherwise agreed to by the parties, the Court of Common Pleas of Cumberland County shall be the proper venue and that court shall have jurisdiction for any action for any action arising out of this Agreement, including resolving any disputes between the parties. INTEGRATION: This Agreement supercedes any and all prior agreements and negotiations between the parties, whether written or oral, expressed or implied. SEVERABILITY: If any provision or provisions of this Agreement shall be finally determined to be invalid, then only that provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and shall continue in full force and effect. DEATH BEFORE DIVORCE: This Agreement shall remain in full force and effect from its effective date even is one or both of the parties die prior to the entry of a final decree in divorce. MUTUAL COOPERATION: each party shall promptly take all reasonable steps for the purpose of giving full force and effect to the provisions of this Agreement. LAW: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the Date of Execution of this Agreement. Page 6 of 7 HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of any of the paragraphs or subparagraphs of this Agreement are inserted solely for convenience of reference, shall not constitute a part of this Agreement, and shall not, therefore, affect its interpretation. COUNTERPARTS: This Agreement may be executed in counterparts, each of which shall be original and together shall constitute the same Agreement. IN W~ITJ ES: ~,H~EOF, the parties have set their hands and seals. Chr~7~c Laud Date Katherine Ann McLaud Date W!tx)ess ' Page 7 of 7 KATHERINE ANN McLAUD Plaintiff VERSUS CHRISTOPHER ROBERT McLAUD Defendant IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STATE OF ~~j. PENNA. No. 01-6820 CIVIL TERM DECREED THAT AND DECREE iN Katherine Ann McLaud , PLAINTIFF, Christopher Robert McLaud , 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; IT IS FdRTHER ORDERED, ADJUDGED AND DECR~ED, that the terms, provisions and conditions of a certain property settlement aqreement between the parties, dated May 24, 2002 and attached hereto, are incorporated and merged in this Decree and Order by reference as fully as though the s~e were set forth herein at length. PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. Plaintiff : Defendant : File No. _~/- ~F~ IN DIVORCE NOTICE TO RESUME PRIOR SURNAME No~tice is hereby given that the Plaintiff/Defendant in the above m~tter, having been granted a Final Decree in Divorce on the /CiA 'day of ~_z'_ 3 ~d2~ , hereby elects to resume the prior surname of //~?/~C~i~ /~ /~b~/_~ , and gives this written notice pursuant to the provisions of 54 P.S. ~ 704. Signature ' Sigmature of name being resumed COMMONWEALTH OF PENNSYLVANIA: : COUNTY OF CUMBERLAND : SS. Notary Public, personally appea~e~ ~che 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. seal. In Witness Whereof, I have hereunto set my hand and official u~,~ M. BIJSER, Notary Meeh.,,i,,o~::C -. ubllc I ~ O ary~Public