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HomeMy WebLinkAbout09-4006w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. ACTION - LAW Jennifer Collins Blooniquist, No. 619• CA - 4004 C?v? l tM Plaintiff vs. ' Seth W. Bloomquist, Action in Divorce Defendant 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 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 first floor of the Adams County Courthouse, 111 Baltimore Street, Gettysburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator Adams County Courthouse 111 Baltimore Street Gettysburg, PA 17325 (717) 334-6781 .., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Jennifer Collins Bloomquist, No. 094- yjM L Plaintiff - vs. Seth W. Bloomquist, Action in Divorce Defendant . COMPLAINT UNDER 63301(c) OF THE DIVORCE CODE 1. Plaintiff is Jennifer Collins Bloomquist, who currently resides at 211 East Yellow Breeches Road, Carlisle, Cumberland County, PA 17013, since 2006. 2. Defendant is Seth W. Bloomquist, who currently resides at 211 East Yellow Breeches Road, Carlisle, Cumberland County, PA 17013, since 2006. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for a least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 24, 1993 in Kane, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. w-,,44z Richard E. Thrasher, Attorney for Plaintiff Dated: a*, , 2009 - OF TMc fi 2004 JUN 15 pl-i 1: 4 E #&SS. 50 Pa Arry ? 105(? I R-T# Dino fl46 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Jennifer Collins Bloomquist, Plaintiff vs. Seth W. Bloomquist, Defendant No. 094006 Civil Term Action in Divorce AFFIDAVIT OF SERVICE Richard E. Thrasher, Esquire, attorney for Plaintiff, hereby represents to the Court that: 1. On June 23, 2009, I mailed a true copy of the Complaint, with Notice to Defend and Claim Rights attached, to the Defendant by certified mail No. 7007 2560 0000 9270 3554, return receipt requested, restricted delivery to addressee only, addressed as follows: Mr. Seth W. Bloomquist 211 East Yellow Breeches Road Carlisle, PA 17013 2. The return receipt for certified mail no. 7007 2560 0000 9270 3554 was returned to the office of Puhl, Eastman & Thrasher on June 29, 2009, bearing the signature "Seth Bloomquist" and showing June 26, 2009 as the date of delivery. Said receipt is attached hereto. I verify that the statements made in this Affidavit are true and correct. I understand that all statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: July 2, 2009 Richard E. Thrasher Attorney for Plaintiff ¦ Complete items 1, 2, and 3. Also complet? Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: M.C. Seth W. Bl cmigui st 211 East Yellow Breeches Road Carlisle, PA 17013 A. Signature Adc B_R,c§w by Wed Name of chi' ('C? ? ;017 --z D. Is delivery add If YES, enter de -rent from Item 1? ? Yes livery address below: 19 No 3. Service Type .o Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchendise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ]?rgg 2. Article Number (transfer from service fabeo 7007 2560 0000 9270 3554 PS Form 3811, February 2004 Domestic Return Receipt 102595-2-M-1540 OF THF 2009 JUL -'6 PFD 1: 51 . _. _ , ~i ~~ j_ ~..,I r,lr~,~. I i :~J ,~ ~~'i ~;~,~ . "~~ ,T{;RY •_I 11RARRiAGE SETTLEMENT AGREEMENT' ~ ~ `~~'~~ ~ ~ ~'ti 2~ S is C~>>'~ , v ~.~k i T MADE in du licate this a ~~ da of d r ~ ``` ` " ~ `j p y , 2009, by anc~~etween Jennifer Collins Bloomquist, of Cumberland County, Pennsylvania, hereinafter designated as "Wife", and Seth W. Bloomquist, of Cumberland County, Pennsylvania, hereinafter designated as "Husband". WHEREAS, the parties are Wife and Husband, having been married on July 24, 1993; and WHEREAS, by reason of differences which have arisen between them, they now intend to live separate and apart; and WHEREAS, Wife has filed a Divorce Complaint in Cumberland County, Pennsylvania, indexed to Case No. 2009-4006; and WHEREAS, the parties desire to amicably settle any and all differences and disputes they may have concerning their interest, right and title in and to certain real and personal property owned by or in possession of either or both of them; their respective or mutual obligations with regard to various claims by third parties; any claims either of them may have against the other for support, maintenance, alimony, alimony pendente lite, or counsel fees, costs and expenses pertaining to or arising as a result of the aforesaid divorce proceedings; and to generally settle any and ail claims and possible claims by one against the other or against their respective estates; and WHEREAS, the parties being fully advised as to their respective rights, duties and obligations growing out of their marital status, particularly with respect to The Divorce Code, as amended, and being fully aware of the right to consult with or having consulted with their respective legal counsel or advisors, have come to an agreement as to each and all of their respective rights, duties and obligations; and WHEREAS, complete information has been exchanged in regard to the income and assets of the parties; and WHEREAS, the parties have agreed to set forth their agreement in writing; and WHEREAS, both Wife and Husband fully understand all of the terms, conditions, and provisions of this Agreement and believe it to be fair, just, adequate and reasonable as to each of them and consonant with their best interests and accordingly, both Wife and Husband freely and voluntarily accept such terms, conditions and provisions. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth 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. Agreement Predicated Unon Divorce. It is specifically understood and agreed by and between the parties hereto, and each of the parties hereby warrants and represents to the other that the execution and delivery of this Agreement is predicated upon and made subject to the consent of both parties to a no-fault divorce. Both parties warrant that they will sign Affidavits of Consent to a no-fault divorce pursuant to Section 3301(c) of The Pennsylvania Divorce Code. 2. Personal Rights. Wife and Husband may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference, or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment that to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes that led to, or resulted in the continuation of their living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with her or him. 3. Mutual Release. Wife and Husband do hereby mutually remise, release, quit claim and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any and all rights, titles and interest, or claims in or against the property (including income and gain from property hereinafter accruing) of the other or against the estate of each other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against each other, the estate of each other or any part thereof, whether arising out of any former acts, contract, engagements or liabilities of each other or by way of dower or curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the I right 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, or any other state or country; or any rights which either party may have or at any time hereafter has for past, present, future, support ~ or maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, whether arising as a result of the marital relation or otherwise, except all rights and obligations or whatsoever nature arising under this Agreement or for the breach of any provision thereof. It is the intention of Wife and Husband to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire; except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Each party waives their right to request marital counseling pursuant to Section 3302 of the Divorce Code. Subject to the provisions of this Agreement, from and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after the marriage, and neither Wife nor Husband need join, consent to or acknowledge any Deed, Mortgage or other instrument of the other pertaining to such disposition of property. 4. Other Documentation. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, including but not limited to assignments, satisfactions, deed, notes or other such writings as may be necessary or desirable for the proper effectuation of this Agreement. 5. Liabilities. Wife represents and warrants to Husband and Husband represents and warrants to Wife that they have not incurred any debts or made any contract for which the other may be liable other than the debts or liabilities specifically mentioned in this Agreement. Wife and Husband agree that should any debt or liability be incurred by one of the parties which is not specifically dealt with in this Agreement, she or he, as the case may be, acknowledges that such debt is the sole responsibility of the person or incurred the debt and any and all claims made against the other on account of such debt may be deducted from the share to which the person incurring the debt is entitled as a result of this Agreement or shall be entitled to reimbursement or indemnification, asthe case may be. 6. Real Property. The parties presently own real estate in Dickinson Township, Cumberland County, Pennsylvania, known as 211 Each fellow Breeches Road, Carlisle, Pennsylvania. This property is subject to a mortgage in favor of Northwest Savings. Wife agrees to transfer all of her right, title and interest in said real estate unto Husband. Husband agrees to refinance the mortgage on the property so as to remove Wife's name therefrom. The Deed shall be prepared by Husband's attorney and the cost for the preparation and recording of the Deed shall be borne by Husband. 7. Personal Property. The parties agree that they have satisfactorily divided between themselves all marital personal property. Hereafter, each party shall own, have and enjoy independently of all claims or right of the other, all items of personal property of every kind held by her or him, with fully power to dispose of the same as fully and effectively in all respects and in all purposes as if she and he were unmarried. 8. Spousal Support, Alimony, Alimony Pendente Lite and Attorneys Fees Both parties waive any and all right to receive spousal support, alimony, alimony pendente lite, and attorneys fees. Wife has received legal advice and counsel from Richard E. Thrasher, Esquire. Husband has received legal advice and counsel from Walter J. Nalducci, Esquire. Each party will be responsible for their own legal fees and costs. Wife and Husband both agree that they have been advised and are aware of the provision of the Divorce Code in Pennsylvania regarding support, alimony, alimony pendente s lite, costs and attorneys fees, and each party voluntarily and intelligently waives and relinquishes the right to seek any such payments from the other. 9. Investments/Retirement/Pension. Each party shall retain sole ownership and control of the existing retirement accounts they currently hold in their sole names. 10. Child Custody. The parties are the parents of two children, Seth C. Collins Bloomquist and Jack William Collins Bloomquist. The parties shall share equally legal custody of the children. Physical custody shall be shared on a one week on, one week off schedule to be determined by the parties. 11. Income Tag Returns. The parties intend to be divorced by the end of 2009, and will file sepazate income tax returns for the tax year 2009. Husband shall be entitled to the deduction for the mortgage interest associated with the marital home in Carlisle, Pennsylvania. 12. Fall Disclosure. Wife and Husband both acknowledge and affirm that they have been furnished with all information relating to the fmancial affairs of the other. 13. Successor's Rights and Liabilities. This Agreement shall be binding and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or . assigns. 14. Entire Agreement. Wife and Husband to hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises, or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both parties hereto. 15. Breach of Agreement. In the event that either party must bring an action based upon a breach by the other of any of the terms and conditions of this Agreement, the party in breach agrees to be responsible not only for damages sustained by the non-breaching parry but also agrees to reimburse the non-breaching party for any and all attorneys fees and court costs incurred because of the breach. 16. Controlling Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania and the Divorce Code of 1980, as amended. The terms of this Agreement shall be incorporated into the fmal Divorce Decree for enforcement purposes only, but this. Agreement shall not be merged into the Divorce Decree. 17. Acknowledgement The parties agree that she or he: A. is fully and completely informed as to the facts relating to the subject matter of this Agreement, and as to the rights and Iiabilities of both parties; and B. enters into this Agreement voluntarily and intelligently after receiving the advice of independent counsel; and C. has given careful and mature thought to the making of this Agreement; and D. has carefully read each provision of this Agreement; and E. fully and completely understands each provision of this Agreement; and F. agrees that the provisions of this Agreement are fair, adequate, equitable and satisfactory. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness: ~,,~ f ~i F °A~ ~ Y d Y L l~ Y 3.v`An.~ x,Y _ ~ \ s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Jennifer Collins Bloomquist, Plaintiff vs. Seth W. Bloomquist, Defendant No. 09-4006 Civil Term Action in Divorce PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: c~ ~ ~- o .~ - „~ ;T?T ~- _ ~ "' - c5 rv ,~-~, ~,= -~ :~ c,~ Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: Irretrievable Breakdown under Section 3301(c) of The Divorce Code. 2. Date and manner of service of the Complaint: The Defendant, Seth W. Bloomquist, accepted service of the Complaint on June 24, 2009. An Acceptance of Service is enclosed herewith for filing. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of The Divorce Code: by Plaintiff on December 27, 2009; and by Defendant on December 27, 2009. 4. Related claims pending: All related claims have been resolved by a Marriage Settlement Agreement dated October 20, 2009, a copy of which is attached hereto. The parties request that pursuant to paragraph 16 of the Agreement that the Settlement Agreement be incorporated but not merged into the Divorce Decree. 5. Waiver of Notice: Plaintiff's Affidavit of Consent and Waiver of Notice and Defendant's Affidavit of Consent and Waiver of Notice are attached hereto for filing. Richard E. Thrasher, Attorney for Plaintiff Dated: January ZI , 2010 r r ~„ ! ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Jennifer Collins Bloomquist, No. 09-~5 006 c~vcL '1 r~it~- Plaintiff ~ ~ - -~ ~: ~-: , ~ ~--~ Seth W. Bloomquist, Action in Divorce w~=' - ~, ' -_' Defendant - ~:- _ =" ,. ~~_`, -`' : :_. ,._.. rv ;-~ -~ f~j cn C,:' -C ACCEPTANCE OF SERVICE I, Seth W. Bloomquist, Defendant, hereby acknowledge that I received on ~O ~J~ , 2009 a true copy of the Complaint under §3301(c) of the ivorce Code, with Notice to Defend and Claim Rights attached, which was filed on (p ~~ .2009. _. ,......_....,...T... ..... , ~.. ,~,` ~. Seth W.^~Ca~t~ ~_,~__ ___, _-...,-~ Dated: ~ ~ y , 2009 Ilv THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CI:VII. ACTION -LAW Jennifer Collins Bloomquist, No. 09-40(16 Civil Term,,,, Plaintiff n °- c-. Vs. ~' ~J C.1`1 Seth W. Bloomquist, Action in Divorce ~ . `~_ --c, Defendant _ "' Action in Divorce 'f~ `'-~ '=~ _..~ ~, AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE _.., ,.,:~ .~_ ,--;i ~` .;n ;; ~, j t-f-. 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on June 15, 2009. 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. I consent to the entry of a final decree of divorce without notice. 4. 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. 5. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ,-~`~ Seth W. Bloo a end ..---- C_____-^----""""" Dated: ~ .Z 7 , 2009 ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII. ACTION -LAW t'~ ~ _ Jennifer Collins Bloomquist, No. 09-4006 Civil'-erm^~ '' Plaintiff ~, , ~ , `~" _t -~__ ~-- vs. U' --~ - -- __ ~ ~: ; Seth W. Bloomquist, Action in Divorc~~r'- ~,.., ~" ~`~' -- ~a Defendant °~~; ~,~, _~, Action in Divorce ~ `~' AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on June 15, 2009. 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. I consent to the entry of a final decree of divorce without notice. 4. 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. 5. 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. 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 l8 Pa. C.S. §4904, relating to •_. unsworn falsification to authorities. Dated: /~ `°~ / , 2009