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HomeMy WebLinkAbout09-4914BRANDON S. SCOTT Plaintiff vs. EMILY D. SCOTT Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PEA. : NO. o q- 9 91 Y Cb;d -7e,_ CIVIL ACTION-LAW IN DIVORCE NOTICE TO PLEAD TO: EMILY D. SCOTT YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney, and fling, in writing, with the Court, your defenses or objections to the claims set forth against you. YOU ARE WARNED that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff: You may lose money or property or other rights important to you. 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, PENNSYLVANIA 17013 14800-990-9108 Telephone 3;;A2 SCH Richard Scheib, Esquire Attorney for Plaintiff Attorney ID 66721 11 Reitz Boulevard Ste 102 Lewisburg, PA 17837 BRANDON S. SCOTT Plaintiff vs. EMILY D. SCOTT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. NO. G9- y Rl y C ??-- CIVIL ACTION-LAW IN DIVORCE COMPLAINT 1. Plaintiff is BRANDON S. SCOTT, who currently resides at 1xg_ yy\?.?... ,? Cumberland County, Pennsylvania ll?{ 2. Defendant is EMILY D. SCOTT, who currently resides at --- CL l , Cumberland County, Pennsylvania Q611 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately preceding the fling of this Complaint. 4. Plaintiff and Defendant were married on September 27, 1997. 5. There have been no prior actions commenced for divorce or annulment of marriage between the parties in this or any other jurisdiction. COUNTI SECTION 3301(c) MUTUAL CONSENT 6. Paragraphs 1 through 5 are incorporated herein by reference as if fully set forth at length. 7. The marriage is irretrievably broken and the parties are estranged due to marital difficulties with no reasonable expectation of reconciliation. 8. Plaintiff requests the Court to enter a decree in divorce. COUNT 11 SECTION 3301(d) IRRETRIEVABLE BREAKDOWN 9. Paragraphs 1 through 8 are incorporated herein by reference as if fully set forth at length. 10. The marriage is irretrievably broken and the parties intend to We separate and apart for at least two years. 11. Plaintiff requests the Court to enter a decree in divorce. COUNT III DISTRIBUTHM OF PROPERTY 12. Paragraphs 1 through 11 are incorporated herein as if fully set forth at length. 13. Plaintiff requests that the Court to incorporate the Separation Agreement regarding the division of the martial property signed by the parties. COUNT IV INCORPORATION OF SEPARATION AGREEMENT 14. Paragraphs 1 through 13 are incorporated herein as if fully set forth at length. 15. Plaintiff and Defendant signed a Separation Agreement June 30, 2009. 16. The Separation Agreement incorporates all of the terms as agreed upon by the parties and is hereby requested to be incorporated as the expression of the parties wishes. WHEREFORE, Plaintiff respectfully requests that this Honorable Court to: (A) Enter an Order dissolving the marriage between the two Parties. (B) Enter an Order equitably distributing the personal marital property of the Parties. (C) Enter an Order affirming the Separation Agreement previously signed by the parties. LAW OFFICES OF RICHARD SCHEIB Richard G. Scheib, Esquire Attorney for Plaintiff Attorney I.D.# 66721 11 Reitz Blvd, Suite 102 Lewisburg, PA 17837-9293 (570) 523-3200 COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND VERIFICATION I, Brandon S. Scott, hereby verify that the statements made in the foregoing divorce Complaint are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. . . 1.10-19t.J-02 <-E) . randon S Scott Date SEPARATION AGREEMENT This Agreement made this 1 t day of June, 2009, between EMILY D. SCOTT, hereinafter also referred to as "WIFE", and BRANDON S. SCOTT, hereinafter also referred to as "HUSBAND". WHEREAS, the parties hereto are husband and wife having been married on September 27, 1997. There are two children born of this marriage. WHEREAS, the parties have separated and various matters, including property rights have been resolved by the parties: and WHEREAS, the parties hereto desire to enter into an agreement relative to these matters. NOW THEREFORE, in consideration of mutual promises hereinafter set forth and for other good and valuable consideration, the parties, intending to be legally bound, mutually agree as follows: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other, at such place or places as he or she may from time to time choose or deem fit, and each party shall be free from interference, authority, contact and control, direct or indirect, 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 shall molest the other nor compel or endeavor to compel the other to cohabit or dwell with him or her. 2. DEBTS. HUSBAND and WIFE agree that all debts assumed by either of them on or after June 1, 2009, shall be their sole and individual debts, and individual debts, and each agree to hold the other harmless from those debts and hereby agree to 1 indemnify each other from any loss, damage, or expense which either of them may incur by reason of any action, claim or demand made by any person, entity or organization to the aforesaid individual debts. However, the parties have agreed upon the responsibility of current debts which will be described here in addition to the document within: A. Brandon Scott- Susquehanna Bank Loan-$1,200.00 B. Brandon Scott-Bon Ton Credit Card- $742.07 C. Emily Scott-GMAC Car Loan $10,666.07-which Brandon will assist in the transfer of said title. D. The residence will be transferred to Brandon Scott with all assistance from Emily in order to make such transfer. Brandon will assume all liability with said loan. E. Custody of the children shall be joint and the parties herein have agreed to alternate weeks of said custody. This is subject to change upon both parties approval. F. Both parties agree to keep each other informed of all medical and dental decisions regarding the children and that all costs for any medical and dental expenses for those children will be bome by Brandon Scott unless child support is requested, then such bills shall be divided equally. 3. ALIMONY. Husband and Wife both waive any and all rights to alimony pendent elite, alimony and spousal support. 4. LEGAL FEES. The parties hereto agree that each shall pay his or her own legal fees in connection with the divorce action. 5. TAX RETURNS. HUSBAND and WIFE agree to file separate Federal, Pennsylvania and local income tax returns for 2009, and if appropriate, 2010. The dependency tax exemption will be agreed upon by the parties, but may be divided between the two children or the parties may agree to alternate from year to year. 2 6. PERSONAL AND REAL PROPERTY. A. The parties hereto agree that all personal property owned individually or jointly has been divided as of the date of this Agreement, and such property now in the possession of each party shall remain in the possession of such party and become the sole and exclusive property of the party retaining possession of such property, and that the parties have agreed to change the title to such real property to Brandon Scott and that he will be solely responsible for said debt as of the date of this agreement and in the future. Emily Scott will assume liability for the GMAC Car Loan in the amountof $10,666.07. Brandon will assist in the transfer of said title. B. After-Acquired Property. Except as otherwise hereinabove provided, each of the parties shall hereafter own, have and enjoy independently of any claim or right of the other party, all items of real and personal property, tangible and in tangible, now or hereafter belonging to him or her and now hereafter in his or her possession, with full power to dispose of the same as fully and effectually as though he or she were unmarried. C. Real Estate. Brandon Scott shall be responsible for all debts associated with the real property with the understanding that the deed will be changed to his name solely with the payment of said amount as described above. Both parties agree to transfer said property as described herein to Brandon Scott. D. Debts. Responsibility of past debts has been described in Section 2. 7. MOTOR VEHICLES. Husband and wife agree that future actions will include the title transfer (signing-off) of the motor vehicles upon such disposition of the vehicles and that the parties have agreed to the division and neither party shall have any claim to the vehicle in the possession of the other outside of the duties stated above. 3 8. ESTATE CLAIM WAIVED. Notwithstanding anything herein to the contrary, Husband and Wife agree that each party waives, releases and relinquishes any right that he or she may have or may have hereafter acquire as the other party's spouse under the present or future laws of any jurisdiction. 9. MODIFICATION AND WAIVER OF TERMS. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties. No waiver of any breach or default hereafter shall be deemed a waiver of any subsequent breach or default hereafter shall be deemed a waiver of ant subsequent breach or default of the same or similar nature. 10. JURISDICTION. This agreement shall be governed by the laws of the Commonwealth of Pennsylvania. 11. ACKNOWLEDGMENT OF LEGAL COUNSEL. The parties respectively acknowledge that each has had the advantage to obtain independent legal advice by counsel of his or her own selection; and that each party is fully satisfied that they fully understand the facts and have been adequately informed as to his or her legal rights and obligations and that having had such advice and being satisfied therewith and with such knowledge each of them is signing the same freely and voluntarily. 12. ACKNOWLEDGMENT OF AWARENESS OF ALL CIRCUMSTANCES SURROUNDING PROPERTY RIGHTS. The parties respectively acknowledge that each has full and adequate knowledge and has obtained full discloser of the property owned by the parties hereto, individually and jointly, and of the obligations of each of them either individually or jointly, and that they are agreeing to the division of property 4 as set forth in this Agreement, with full knowledge and understanding of the actual values that they are receiving. 13. DEFAULT. Husband and Wife agree that if either party fails in the due performance of any of their obligations hereunder, the injured party shall have the right at their election to sue for damages for a breach hereof, or to rescind the agreement or such other legal remedies as may be available to them, including reasonable attorney's fees. Nothing herein to be construed to restrict or impair their right to exercise this election. 14. BINDING AGREEMENT. The terms and provisions of the within Agreement shall extend to and be binding upon the parties, their heirs, executors, administrators and assigns. 15. RETIREMENT BENEFITS. Each party waives any right he or she may have arising out of the marriage between them with respect to retirement benefits of the other which may become payable to either party on account of his or her employment. Emily Scott does also waive any right to the Wachovia Bank Savings Account. 16. AGREEMENT NOT TO BAR DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of the Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defenses as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the 5 date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 201 ( c ) Of the Divorce Code of 1980. 17. EFFECT OF DIVORCE. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered into with respect to the parties. 18. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them and the Court of Common Pleas of any appropriate jurisdiction shall enforce this Agreement through the Court's contempt powers. The parties hereto acknowledge that enforcement will be by way of contempt for breach of any provisions of this Agreement. 19. DATE OF EXECUTION. The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 20. DISTRIBUTION DATE. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 21. MUTUAL RELEASES. Except as other set forth in this agreement, Husband and Wife each do hereby mutually remise, release, quitclaims and forever discharges the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property 6 (including income and gain from property hereafter accruing) of the other or against the estate of each other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against each other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or cutesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the 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 spouses' estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, of (c) any other country, or any rights which either party may have or any time hereafter have for past, present or future support or maintenance, alimony, alimony pendent elite, counsel fees, equitable distribution, costs of expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever a rising or which may arise under this Agreement or for the breach of any provision thereof. It is the intension of Husband and Wife to give to each other by the execution of this Agreement 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. 7 22. 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 all further instruments that may reasonably be required to give full force and effect to the provisions of this Agreement. 22. PARTIAL INVALIDITY. If any provisions of this Agreement is held by a court of component jurisdiction to be invalid, void and unenforceable, etc., the remaining provisions shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way. This Agreement has been prepared in conjunction with each party has had the opportunity to review and discuss the provisions of this Agreement prior to the signing. IN WITNESS WHEREOF, and intending to be legally bound, the parties have hereto set their hands and seals on the day, month and year first above written. WITNESS: BRANDON S. SCOTT EMILY D. SCOTT 8 r?? RLED-OrFICE OF THE R TKrNUPPY 2009 JUL Z 1 FM 1: 4 3 CLUBS-t.{4 -(ul ! EY PCNN I LVAN ti p Qty '? 33 ?" Ck 1 8 G Z AL , P k%