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HomeMy WebLinkAbout10-2303'? FI' E? `= ., C'7 JANE ADAMS ATTORNEY AT LAW 2013A N -6 P1 J1 I' 2b Attorney I.D. No. 79465 r 41'. r 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadamsggmaiLcoYn BETH A. SPRAGUE, Plaintiff vs. DARRYL C. SPRAGUE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ll/ "°??3 Civil Term ACTION 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 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 South Bedford St. Carlisle, Pa. 17013 ?d ?? .?DQms (717) 249-3166 N JANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esqadams@gmail.com ---------------------------------------------- BETH A. SPRAGUE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. . No. Civil Term DARRYL C. SPRAGUE, : ACTION IN DIVORCE Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Beth A. Sprague, a competent adult individual, who resides at 120 Regency Woods North, Carlisle, Cumberland County, Pennsylvania, 17015. 2. Defendant is Darryl C. Sprague, a competent adult individual, who resides at 286 N. Locust Point Road, New Kingston, Pa. 17072. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on July 22, 1989 in Huntingdon County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have two children together, namely, Joshua Sprague, born September 7, 1992, and Andrea Sprague, born March 13, 1996. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of America or any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in 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. P)A S1 0 OA 1 0 Beth Sprague, Plaintiff Respectfully subm Date: -a?- Q Ja a Adams, Esquire 1. . No. 79465 West South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF FILEO-OFFICE OF THE NElOTkeONOTARY CU it ;?L.A-° 7 COUNTY -F ?ilJ BETH A. SPRAGUE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 10 - 2303 Civil Term DARRYL C. SPRAGUE, ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on April 6, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of 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. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 1 // Beth A. Sprague, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301(c) AND 63301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 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. 1 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. §4904 relating to unsworn falsification to authorities. Date: ` Beth A. Spra ue, Plai iff 6? BETH A. SPRAGUE, PLAINTIFF V. DARRYL C. SPRAGUE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMERLA14D COUNTY, PENNSYLVANIA NO. 10 - 2303 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) Divorce Code was filed on April 6, 2010. '' - - C ) L J ' -' r j FJ C) Ti CZ) o of th e 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. %n 0?3 aD?O l DATED: DARK L C. S RAG BETH A. SPRAGUE, PLAINTIFF V. DARRYL C. SPRAGUE, DEFENDANT IN THE COURT OF COBWON PLEAS CUM MUM COUNTY, PENNSYLVANIA NO. 10 - 2303 CIVIL TERM IN DIVORCE r rt ! J C7 ?- - i o - CD -n fit z c7 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: ,23 a01 c. DARRY C. SPRAGU s . FILED-OFFICE ?? ?? MARRIAGE SETTLEMENT AGRE OWN U ? COUNTY PE INSYLV ANIi^, THIS AGREEMENT made this day of , 2010, by and between DARRYL C. SPRAGUE, (herein ter rred to as "Husband") and BETH A. SPRAGUE, (hereinafter erred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on July 22, 1989; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly-owned assets, the provisions for their liabilities and provisions for the resolution of their mutual differences, after both have had free and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree 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 may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission by either party as to the lawfulness or unlawfulness of' the causes leading to their living apart. 2. 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 maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other nor attempt to endeavor 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 from the other. 3. DIVISION OF PERSONAL PROPERTY The parties have equitably divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore had been used by them in common. 4. AUTOMOBILES & WATERCRAFT The parties own various vehicles. Husband shall have all right and title to the vehicles in his name. He shall maintain insurance on his vehicles and be responsible for all maintenance, liens and other payments related thereto. Husband shall indemnify and hold Wife harmless for all matters related to his vehicles. Wife shall have all right and title to her vehicle. She shall maintain insurance on her vehicle and be responsible for all maintenance, liens and other payments related thereto. Wife shall indemnify and hold Husband harmless for all matters related to her vehicle. 5. DIVISION OF REAL PROPERTY The parties own real estate situated at 286 N. Locust Point Road, New Kingstown, Cumberland Country, Pennsylvania. The parties agree that Husband shall become the sole and exclusive owner of the former marital home. He shall, within 60 days, refinance the marital debt related to the former marital home and indemnify and hold Wife harmless for any debts or expenses related to the former marital home. Husband has been living in the former marital home. Until he refinances the mortgages, he shall be responsible for and hold Wife harmless for all utilities, taxes, mortgages and other expenses related to the former marital home. At the time of the refinance settlement of the marital home debt, Wife shall sign the Deed transferring her interest in the marital home to Husband and Husband shall pay Wife $25,000.00. 6. PENSION AND RETIREMENT ACCOUNTS Husband and Wife shall maintain their separate pension and/or retirement accounts. Husband shall rollover $21,500.00 from his Prudential IRA into a qualifying retirement account designated by Wife. Husband and Wife shall cooperate and sign any documents necessary to complete the transfer. Husband relinquishes any and all rights he may have in Wife's pension or retirement accounts. Except as provided in this Agreement, Wife relinquishes any and all rights she may have in Husband's pension or retirement accounts. 2 41 7. MARITAL DEBTS All marital debts have been equitably divided and or satisfied. Husband shall be responsible for all debts solely in his name and the debts related to the marital home. Wife shall be responsible for all debts solely in her name. Each party agrees to indemnify and hold the other harmless for any debt that they are responsible for pursuant to this Agreement and shall take any action required to remove the other from responsibility for a debt as set forth in this Agreement. 8. FINANCIAL ACCOUNTS, STOCKS, BONDS AND INVESTMENTS The parties have fully disclosed their marital financial assets. Each party shall be liable for any tax consequences related to the sale or exchange of their accounts, real estate, stocks or bonds or other assets under their control. Each party shall maintain their separate accounts and investments and hereby releases any interest they may have in the other's accounts or investments and shall sign all documents required to distribute the assets as set forth in this agreement. The parties agree that this distribution of assets is a fair and equitable division of their marital assets considering all the factor; set forth under the Pennsylvania Divorce Code. 9. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE Each party hereby waives, releases, discharges and gives up any rights either may have. against the other to receive support, alimony pendente lite or alimony. 10. FILING OF IRS RETURN Husband and Wife agree to file separate tax return for 2010 and all subsequent years. Husband and Wife agree to be equally liable for any deficiencies or refunds for previous tax years that were jointly filed. 11. DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage. Wife has filed an uncontested no-fault divorce in the Cumberland County Court of Common Pleas, docketed at 2010 - 2303. Upon the execution of this Agreement, the parties agree to sign and allow to be filed the documents necessary to obtain an uncontested no-fault divorce. Wife's attorney will be responsible for filing the documents necessary to obtain a Divorce Degree. 3 12. ATTORNEY FEES Each party shall be responsible for their respective attorney fees and costs. 13. INCORPORATION This agreement is to be incorporated into any subsequent Decree in Divorce. 14. CONTINUED COOPERATION The parties agree that they will, within five days after the execution of this agreement, or the request of the other party, execute any and all written instruments, assignments, releases, vehicle titles, deeds or notes or other writings as may be necessary or desirable for the proper effectuation of this agreement. 15. BREACH If either party breaches any provision of this agreement the other party shall have the right, at his or her election, to seek legal recourse including but not limited. to suing for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 16. VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Each party has had the opportunity to review this agreement and their legal rights with an attorney of their choice. 17. WAIVER OF CLAIMS AGAINST ESTATES 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 have or hereafter 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, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator/executor of the other's estate. 4 18. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 19. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities as this agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 20. PRIOR AGREEMENTS It is understood and agreed that any prior agreements, except for the Partial Marital Settlement Agreement, which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void. 21. 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 herein. 22. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 23. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties set their hands and seals /2-23-/a 1/4 Al V jdd,0V Date DARRY C. SP GUE Date BETH A. SPRAGUE 5 THOMAS D. GOULD, ESQUIRE FILED-OFFICF OF THE t?i?O iION6TI?:`:',.' t,- 2911 JAN 10 FM 3• . 4 C.UMBERLA -ID 001J3NI T BETH A. SPRAGUE, E3l COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. DARRYL C. SPRAGUE, Defendant No. 10 - 2303 Civil Term : ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please accept this request to transmit the record, together with the following information to the Court for entry of a divorce Decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and Manner of the service of the Complaint: via first class mail, restricted delivery, electronic receipt, acceptance of service by Defendant on April 13, 2010. 3. Date of execution of the Affidavit of Consent required by 3301(c) of the Divorce Code: By Plaintiff: December 23, 2010. By Defendant: January 4, 2011. 4. Related claims pending: None; all were resolved by settlement agreement. 5. Date Defendant's Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: January 4, 2011. 6. Date Plaintiffs Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: January 4, 2011. Respectfully submitted, Date: ??Il?AdEsquire g.ne No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF BETH A. SPRAGUE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DARRYL C. SPRAGUE, NO. 10 - 2303 Civil Term DIVORCE DECREE AND NOW, 0 atrc nary/?`? it is ordered and decreed that BETH A. SPRAGUE, plaintiff, and DARRYL C. SPRAGUE, , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None; the marriage settlement agreement which was signed by the parties and filed on January 5, 2011 shall be incorporated and not merged into this Decree. By the Court, Oer•f. 4y mo-iled * a y Adams Notibe ? 4Y rr)ajlsd qo atty ?vtv