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HomeMy WebLinkAbout04-2294 ROBIN L. SELL : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . vs. : NO. Oq- a-,2q'4 KIRK D. SELL : Defendant : DIVORCE NOTICE 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 Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff SAIDIS / SHUFF, FLOWER ~~ & LINDSAY By: ATI~ORN~Y$*AT'LAW Ca/roi J.~Liddsa~-, Esquire 26 W. High Street I[~# 44..~3 cam,Je, ~A 2~e~est High Street Carlisle, PA 17013 (717) 243-6222 ROBIN L SELL : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. :.o. 05/- KIRK D. SELL : Defendant : DIVORCE COMPLAINT ROBIN L. SELL, Plaintiff, by attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Robin L. Sell, who currently resides at 17 Salt Road, Enola,, Cumberland County, Pennsylvania, 17025 where she has resided since February 2003. 2. The Defendant is Kirk D. Sell, who currently resides at 711 Middle Lane, Camp Hill, Cumberland County, Pennsylvania, where has resided since June of 2000 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 26, 2000, at Jamaica. 5. That there have been no prior actions of divorce or for annulment between SAIDIS the parties in this or in any other jurisdiction. SHUFF, FLOWER & LINDSAY 6. The Plaintiff avers that she is entitled to a divorce on the ground that the 26 W. High Street c..i.~., ~.^ marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in mardage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff ID # 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 Date: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein 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. Robin L. Sell Date: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA ROBIN L. SELL : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : .o. o'~ - c?~qfl~ KIRK D. SELL : Defendant : DIVORCE ACCEPTANCE OF !~ERVICE I accept service of the Complaint in Divorce in the above captioned matte Kirk D. Sell, De~nd~nt Date SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA ROBIN L. SELL : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. ~/. KIRK D. SELL : Defendant : DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this ! ;/ day of ~, 2004, BETWEEN ROBIN L. SELL of 711 Middle Lane, Camp"~Hill, Cun~bedand County, Pennsylvania, hereinafter referred to as Wife, AND KIRK D. SELL, of 711 Middle Lane, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as Husband. RECITALS: R.I: The parties hereto are husband and wife, having been joined in marriage on June 26, 2000, in Jamaica, and having separated on or about February 1, 2004; and R.2: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. R3: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises 1 hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divome decree in the above-captioned divorce action. Wife will file the Complaint and Husband will accept service. (3) REAL PROPERTY: Husband is the owner of certain real estate with improvements thereon erected and known and numbered as 711 Middle Lane, Camp Hill, Pennsylvania. Wife is an Obligor along with Husband on the mortgage to the real estate. Upon forty-five (45) days of the date of this Agreement, Husband will refinance the marital home so that Wife is no longer liable on the mortgage. Upon the request of Husband, Wife will sign a quitclaim deed transferring any interest she 2 has in the marital home to Husband. At the time of refinance, Husband will pay to Wife Forty Thousand and 00/100 ($40.000.00). Husband shall pay for all household expenses including, but not limited to, mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, Husband hereby shall hold Wife harmless and indemnify Wife from any loss on account of the marital home. Notwithstanding the refinance of the marital home and payment to Wife, Wife may reside within the marital home for a period of ninety (90) days to permit her to relocate to a new residence. (4) DEBT: A. MARTIAL DEBT: The parties warrant one to the other that there is no debt incurred by them during the marriage for which the other might be liable with the exception of the mortgage set out in paragraph 3 above. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on February 1, 2004, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or 3 obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) days of the date of this agreement each party shall execute any documents necessary to have said vehicles propedy registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Husband will retain the 1991 Chevrolet Lumina and Wife will retain the 2002 Sienna XLE. Wife will solely be responsible for any debt to Members First incurred in the purchase of that vehicle and she shall indemnify and hold Husband harmless on account of that debt. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties each shall retain personal property which they owned prior to their marriage. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. {8) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice. Wife is represented by Carol J. Lindsay, Esquire. Husband has been advised that he may be represented by counsel of his choice. Each party acknowledges and accepts that this agreement is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. 'H'.- ..... ,,,m _"e_imb'_'."cc · ~. .... u~. _~ ..,,= in the preparation u~' ,",,,o · e owner of life insurance policies insuring Wife and Wife's daughter. Husband will cancel the lifo insurance poli.cies within fifteen (15) days from the date of this Agreement (11) 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 and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (12) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (t3) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy 6 and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this ^greement in which event the division of the parties' martial assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (14) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (15) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (16) FULL SE'I'FLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the previsions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for '7 past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (17) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, rePresentatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the others estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and 8 (4) all other dghts or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All dghts or claims to any accounting; G. All rights, claims, demands, liabilities and obligations adsing out of or in connection with the madtal relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divome Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. ('18) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenfomeable, all other provisions shall continue in full fome and effect. (19) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divome against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (20) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party, in the event of breach, the other party shall have the dght, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (21) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (22) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: Robin L.~eil ,~"'~/ Kirk D~ ' 10 ROBIN L. SELL : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04-2294 KIRK D. SELL : Defendant : DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER E3301fc) OF THE DIVORCE COD-~ AND WAIVER OF COUN-~;, 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was flied May 21, 2004, 2. The marriage of plaintiff and defendant is irretrievably broken and ninefy days have elapsed from the data of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Dec~e. I verify that the statements made in this Affidavit 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. Date: ~ .~~~/~.~ Robin L. Sell PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST _ENTRY OF A DIVORCE DECREE UNDER 6 3301 (c) OF THE DIVORCE CODF 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divome Decree is entered by the Court and that a copy of the Decree will be sent to me im~:nediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are t~ue and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the pe~;alties of ;8 Fa.C.S. 4904 relating to unsworn fals~ficetion to authorities Date: ~ ~~. SAIDIS Robin L. Sell SHUFF, FLOWER & LINDSAY 26 W. Hlsh Street Carlisle, PA AU6 1 'k ROBIN L. SELL : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 04-2294 KIRK D. SELL .. Defendant : DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER 63301fcJ OF THE DIVORCE CODF AND WAJVER OF COUNSELINg- 1. A Complaint in Divome under §3301 (c) of the Divorce Code was filed May 21, 2004. 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 in 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 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. DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 lc) OF THE DIVORCE CODF 1. I consent to the entry of a final Decree of Divome 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 ia 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 t;ue 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 SAIDI$ ' $1tUFF, FLOWER & LINDSAY 26 W. High Stre~ Carlble, PA ROBIN L. SELL : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 04-2294 KIRK D. SELL : Defendant : DIVORCE PRAFCIPF T~) TRANfiMIT RFC(3RF) 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 Section 3301(c) ~ of the Divorce Code. (Strike out Inapplicable section). 2. Date and manner of service of the complaint: Acceptance of Service on Kirk D. Sell dated May 27, 2004 and filed with Prothonotary June 1, 2004 (copy attached) 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent raquired by Section 3301(c) of the Divorce Code: by the Plaintiff AugusZ 30~ 20~ by the Defendant ~JgUS[~2~ 4. Related claims pending: Non~: Th~. terms of the Prop~.n'y. S~ttl~m~nt and Sepnretion A_nre~.ment of F~.hrunrv. 12 2004 are inco .morated hut not m~.r_decl into th~. Decree. in Divorc~- 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 Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: SAIDIS Date Defendant's Waiver of Notice in 3301(c)~vorce was filed with SHUFF, FLOWER the Prothonotary: ~/BmJ3B~_~_ ~/ & LINDSAY 26 W. High Sleet Carlisle, PA Carol J. Lindsa,y, I~ls~-u'ire - Supreme Cou/t ID~]44693 Saidis, Shuff, ~,of~ver & LJndsay 26 West High Street Carlisle PA 17013 Phone: 717.243.6222 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUM BERLAND COUNTY ~bin T.. Sell STATE OF ~ PENNA. NO. 04 - 2294 Plaintiff VERSUS Kirk D. Sell DECREE IN DIVORCE AND NOW. ~-o~,~-. {O , ~C~{, It IS ORDERED AND DECREED THAT Ro~in T.. Sell , PLAINTIFF. AND ~rk D. Sell , 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; None: The terms of the Property Settlement and Separatibn Agreement of February 12, 2004 are incoroorated but not meraed into the Decree in Divorce atte~/l~: ~ - j. ~~IIL p ROt h O N ora R¥