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HomeMy WebLinkAbout04-2119JAMIE R. THICKEY, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. C¥- 2 RANDI-BRUCE THICKEY : Defendant. : CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the ease 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 may 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 counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Dauphin County Courthouse, Front & Market Streets, Harrisburg, Pennsylvania 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS' 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 OF 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 JAMIE R. THICKEY, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. ~;>q_ ,~/z~ RANDI-BRUCE THICKEY : Defendant. : CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301 (C} OF THE DIVORCE CODE COUNT I-DIVORCE 1. Plaintiff is Jamie R. Thickey, who currently resides at 196 S. Middlesex Road, Carlisle, Cumberland County, Pennsylvania, 2. Defendant is Randi-Bmce Thickey, who currently resides at 196 S. Middlesex Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiffhas been a bona fide resident in the Commonwealth for at least six (6) months immediately pre3ious to the filing of this Complaint. 4. The Plaintiffand Defendant were married on November 22, 1997 in Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the Parties. 6. The marriage is irretrievably broken. 7. Neither Party is a member of the Armed Forces of the United States or any of its allies. 8. The Plaintiff has been advised of the availability of counseling and that either Party may compel the other by Order of Court to attend counseling sessions. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a Decree in Divorce under Section 3301(c) of the Divome Code. Respectfully submitted, ROBINSON & GERALDO Date: ~(~ ( 0/'~ By: Gerald S. Robinson, Esquire Attorney I.D. #27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff VERIFICATION 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. Section 4904, relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the 7th day of May, 2004, I caused a true and correct copy of the Complaint to be served upon the following individual by Hand Delivery, in Harrisburg, Pennsylvania. Randi-Bruce Thickey 196 S. Middlesex Road Carlisle, PA 17013 Respectfully submitted, ROBINSON & GERALDO By: ~ Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 IN THE COURT OF COMMON PLEAS JAMIE R. THICKEY,Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2119 V. RANDI-BRUCE THICKEY : Defendant. : CIVIL ACTION - LAW IN DIVORCE PROOF OF SERVICE The undersigned makes the following remm of service: the Complaint in Divorce was served upon Randi-Bruce Thickey, the Defendant, on May 14, 2004 at 4407 N. Front Street, Harrisburg, Dauphin County, Pennsylvania. The signed Acceptance of Service is attached as Exhibit 1. SIGNATURE AND AFFIDAV, IT I, Gerald S. Robinson, Esquire, certify that I ara a competent adult not a party to this action. I verify that the statements made in this affidavit and return of service 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 falsfication to authorities. Respectfully subnfitted, ROBINSON & GERALDO Dated: By: Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff JAMIE R. THICKEY, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. ~- &ll~ .- RANDI-BRUCE THICKEY : Defendant. : CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Randi-Bmce Thickey, hereby acknowledge receipt of the Complaint in Divorce filed on May 12, 2004 by hand-delivery at the offices of Robinson & Geraldo on May 14, 2004. ~/Randi~-~p~5~/ff~hick e y JAMIE R. THICKEY, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA . v. : NO. : RANDI-BRUCE THICKEY : Defendant. : CIVIL ACTION - LAW IN DIVORCE MARRIAGE SE'I~LEMENT AGREEMENT THIS AGREEMENT, made this 7''~ day of ~ ~ 2004, by and between Jamie R. Thickey, of Carlisle, Cumberland County, Pennsylvania, hereinal%r referred to as "Wife," and Randi-Bruc~ Thickey, of Carlisle, Cumberland County, Pennsylvania, hereinat~¢r referred to as "Husband." WITNESSETH: WHEREAS, Husband and Wife were lawfully married on November 22, 1997; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live separate and apart of each other; and WHEREAS, Husband and Wife have made a full disclosure of their assets to each other; and WHEREAS, Husband and Wife desire to settle and determine their fights and obligations with respect to each other, including the disposition and distribution of property rights and .. interests between them. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinai~er set for~ and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the Parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEl.. The Parties acknowledge that they have received or had the opportunity to receive independent legal advice from counsel of their selection and that they fully understand the facts and have been informed as to their legal fights and obligations and they acknowledge and accept that this Agreement is, in the circumstance fair and equitable and that it is being entered into freely and voluntarily, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 2. SEPARATION. It shall be lawful for each Party at ali times hereafter to continue to live separate and apart from the other Party. The foregoing provisions shall not bc taken as an admission on the part of either Party of the lawfulness or unlawfulness of the causes leading to their living apart. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECRI~.~t The Parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them at the request of either Party. The Parties agree that the Court of Common Pleas of Cumberland County, Pennsylvania, shall retain continuing jurisdiction over the Parties and the Agreement for the purposes of enforcement of any oftbe provisions thereof. The Parties agree that unless otherwise specifically provided herein, ifa Decree is entered divorcing the Parties, although this Agreement shall be incorporated into said Decree, this Agreement shall not merge with, but shall continue in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the Parties and may be enforced in an action independent of the Divorce Decree. The Parties agree and it is the intent of each of them that even though this Agreement may be enforced either under the provisions of the Pennsylvania Divorce Code or in an action independent of the Divorce Decree in accordance with Section 3502 of the Pennsylvania Divorce Code, the provisions of this Agreement regarding the disposition of existing property rights and interests between the Parties, alimony, alimony pendente lite, counsel fees and expenses shall not be subject to modification by any Court. 4. SUBSEOUENT DIVORCE. The Parties hereby acknowledge and express their agreement that the marriage is irretrievably broken, and the Parties agree to cooperate in any necessary way to obtain a mutual consent, no-fault divorce, pursuant to Section 3301(c) of the Pennsylvania Divorce Code. 5. INTERFERENCE. Each Party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither Party shall molest the other or attempt to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart fi'om the other. 6. WIFE'S DEBTS. Wife represents and warrants to Husband that she will not contract or incur any debt or liability for which Husband or his estate might be responsible and she shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 7. ~L~.~~. Husband represents and warrants to Wife that he will not contract or incur any debts or liability for which Wife or her estate might be responsible, and he shall indemnify and save harmless Wife fi'om any and ail claims or demands made against her by reason of debts or obligations incurred by him. 8. MUTUAL RELEASE. Subject to the provisions of this Agreement, each Party has released and discharged, and by this Agreement, does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the Parties had or now has against the other, except for any and all causes of action fur divorce and except for any and all causes of action for breach of any provisions of this Agreement. 9. DISCLOSURE OF PROPERTY. Husband and Wife acknowledge and agree that they have made a full and complete disclosure to the other of all information pertaining to the Parties' separate and marital prepe~ty owned, possessed and/or controlled by the other at the time oftbe separation of the Parties and, further, that the Husband and Wife voluntarily and imeiligently agree to waive any rights which they may have to receive an Inventory and Appraisement of all 4 property owned or possessed by them, either jointly or individually, at the time of the delivery of this Agreement or of the commencement of any action of divorce. 10. EOUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors that have been taken into consideration by the Parties. a. REAL PROPERTY. The Parties acknowledge that Husband and Wife have a legal interest in the marital residence. Husband shall relinquish all interest he has in the marital residence. Wife shall assume all other financial responsibility for the costs associated with the home, including but not limited to mortgages, taxes, insurance, utilities, repairs and improvements associated with the upkeep. Wife shall indemnify Husband and hold him harmless for any claim made against him relative to the marital residence. Husband will execute all documents necessary to relinquish his interest in the property. b. PERSONAL PROPERTY. The Parties have divided between themselves, to their mutual satisfaction, all items of tangible, personal property previously used by them in the marital home, except as stated herein. Neither Party shall make any claim to any such item of tangible personal property whether said items are marital property or said items are separate personal property of either Party. 11. CUSTODY. The Parties shall have shared legal custody ofMakayla K. Thickey, bom August 26, 2000. The parties agree that Wife will have primary physical custody of said child, with Husband having partial physical custody of said child, as both parties mutually agree. 12. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each Party may dispose of his or her property in any way, and each Party hereby waives and relinquishes any and all rights he or she may now or hereai~er acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, courtesy, statutory allowance, widows allowance, right to take property under equitable dish'ibotion, right to take in intestacy, right to take against the will of the other's estate, and who will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 13. BREACH. If either Party breaches any provision of this Agreement, the other Party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be advisable to him or her, and the Party breaching this Contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 14. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the Parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth he~in. 15. MODIFICATION AND WAIVEP.. The modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either Party to insist upon slxict performance of any of the provisions of this Agreement shall not be consl~ued as a waiver of any subsequent default oftha same or similar nature. 16. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the Parties. 17. INDEPENDENT SEPARATE COVENANT. It is specifically understood and agreed by and between the Parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 18. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 19. VOLUNTARY EXECUTION. Husband and Wife acknowledge and represent that the provisions of this Agreement are fully understood by both Parties and each Party acknowledges that this Agreement is in all respects fair and equitable, that it is being entered into voluntarily and knowingly, and that it is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements. 7 IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year first above written. Witness ~aime R. Thic~~-~ JAIME R. THICKEY, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA : v. : No. 04-2 ~. ~.9 : RANDI-BRUCE THICKEY, : Defendant. : CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 3301 (c) of the Divorce code was filed on May 12, 2004, on the grounds that the marriage of thc parties is in~'trievably broken. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety days have elapsed from the date of filing thc Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose fights concerning alimony, division of proparty, lawyer's fees or expenses ill do not claim them before a divorce is granted. 5. 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. Date: ~[l~/O~ J~ie R Thickey ~ JAMIE R. THICKEY, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 04-2119 : RANDI-BRUCE THICKEY : Defendant. : CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE 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 concerning alimony, division of property, lawyer's fees or expenses ifl 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 aider 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. Date: O~ ]1~ ]0~ ~l~me R.Thickey~-~lainfiff ~57h JAIME R. THICKEY, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA : v. : No.04-2119 : RANDI-BRUCE THICKEY, : Defendant. : CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 3301 (c) of the Divorce code was filed on May 12, 2004, on the grounds that the marriage of the parties is ir~tfievably broken. 2. The marriage of Plaintiff and Defendant is irretrievably bwken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the antry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifl do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein arc made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: ,ll lo'i , JAMIE R. THICKEY, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 04-2119 : RANDI-BRUCE THICKEY : Defendant. : CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 Ce) 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 coneeming 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 txue and correct. I understand that false statements heofin are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. , it/andi-Bruc(e,A~hickey, Defendant