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HomeMy WebLinkAbout01-7100In the Court of Common Pleas of Cumberland County, Pennsylvania GLENN J. CAPLAN, Plaintiff, VS. BEVERLY L. CAP~, Defendant. ) ) ) No. 2001 - '7/0o ) ) CIVIL TERM ) 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. When the ground for 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: Office of the Prothonotary Cumberland County Courthouse Carlisle, Pennsylvania 17013 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 In the Court of Common Pleas of Cumberland County, Pennsylvania GLENN J. CAPLAN, Plaintiff, VS. BEVERLY L. CAP~N, Defendant. ) ) ) No. 2001 - '7/ ) ) CIVIL TERM ) IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9509 In the Court of Common Pleas of Cumberland County, Pennsylvania GLENN J. CAPALN, ) Plaintiff, ) vs. ) No. 2001 - 7/~t) ) BEVERLY L. CAPLAN, ) CIVIL TERM Defendant. ) IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(e) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE Plaintiff, by his attorney Michael S. Travis, respectfully represents: 1. Plaintiff is Glenn J. Caplan, who resides at 1933 Chatham Drive, Camp Hill, Cumberland County, Pennsylvania, 17011, since 1996. 2. Defendant is Beverly L. Caplan, who resides at 1079 B Michigan Drive, Harrisburg, Dauphin County, Pennsylvania, 17111, since September 8, 2001. 3. Pla'mtiffhas been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on December 9, 1999, in St. Lucia, United States Virgin Islands. 5. There have been no prior actions of divorce or anntflment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The parties have been living separate and apart. At a subsequent time, plaintiff may submit an Affidavit that the parties have lived separate and apart for at least two (2) years. 8. Plaintiffhas 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. 9. Neither plaintiff nor defendant are in the Military Service in the United States Armed Services. Neither plaintiff nor defendant are within the provisions of the Soldiers' and Sailors' Relief Act of Congress of 1940 and its amendments. 10. 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 unswom falsification to authorities. Glenn J. Caplan, Plaintiff S. Travis Attorney for Plaintiff I.D. # 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 Fax 731-9511 S In the Court of Common Pleas of Cumberland County, Pennsylvania GLENN J. CAPLAN, Plaintiff, VS. BEVERLY L. CAPLAN, Defendant. ) ) ) No. 2001 - 7100 ) ) CIVIL TERM ) IN DIVORCE AFFIDAVIT OF SERVICE I, Michael S. Travis, attorney for Plaintiff, in the above captioned action for divorce, hereby state that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by Certified Mail No. 7000 1670 0000 8954 0069, return receipt requested, by depositing the same in the United States mail on December 20, 2001, pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the green return receipt card attached hereto, the Complaint was received by the Defendant on December 21, 2001. 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. §4904 relating to unswom falsification to authorities. ~, 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 RE_~,__ !CTED~''' DE~ERY 1~M.0952 In the Court of Common Pleas of Cumberland County, Pennsylvania GLENN J. CAPLAN, ) Plaintiff, ) vs. ) No. 2001 - 7100 ) BEVERLY L. CAPLAN, ) CIVIL TERM Defendant. ) IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on December 19, 2001. 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 after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree 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. '~lenn J. Caplan~Plaintiff ' In the Court of Common Pleas of Cumberland County, Pennsylvania GLENN J. CAPLAN, ) Plaintiff, ) vs. ) No. 2001 - 7100 ) BEVERLY L. CAPLAN, ) CIVIL TERM Defendant. ) IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on December 19, 2001. 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 after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree 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. In the Court of Common Pleas of Cumberland County, Pennsylvania GLENN J. CAPLAN, ) Plaintiff, ) vs. ) No. 2001 - 7100 ) BEVERLY L. CAPLAN, ) CIVIL TERM Defendant. ) IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 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 rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: ~'~' Glenn J. Capla ,~Plain In the Court of Common Pleas of Cumberland County, Pennsylvania GLENN J. CAPLAN, ) Plaintiff, ) vs. ) No. 2001 - 7100 ) BEVERLY L. CAPLAN, ) CIVIL TERM Defendant. ) IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 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 rights conceming alimony, division of property, lawyer's fees or expenses ifI 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 made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. B~vdrl~L~n, D~t'~ndafft" MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ~q4~d~y of(~3~, 2002, by and between Glenn J. Caplan, (hereinafter referred to as "Husband, ) and Beverly L. Caplan, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on December 9, 1999; and WHEREAS, there were no children bom of this marriage; WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. DEFINITIONS (a) Date of Execution of this Agreement. The phrase "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the parties if they each have 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 execntion by the party last executing this Agreement. (b) Distribution Date. The phrase "distribution date" shall be defmed as fourteen days following the entry ora final decree in divorce and the filing of Waivers of Appeals by each party. If the fourteenth day falls on a weekend or holiday, the distribution date shall be the next business date. 2. ADVICE OF COUNSEL The parties have had an opportunity to review the provisions of this Agreement with their respective counsel. Husband is represented by Michael S. Travis, Esquire. Wife is represented by . Husband and Wife acknowledge that 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. The parties further acknowledge that they have each made to the other a full accounting of their respective assets to the extent that it has been requested. Each party agrees that he or she shall not at any future time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure that may have been fraudulently withheld. 3. 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 on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 4. 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 the agreement. Neither party shall molest the other or 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. 5. DIVISION OF PERSONAL PROPERTY The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Excepting the list attached hereto as Exhibit "A," neither party shall make any claim to any other such items of marital property, or to the separate personal property of either property, which are now in the possession and/or under the control of the other. 6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE Each party agrees to relinquish any right to support, maintenance or Alimony Pendente Lite. The parties herein acknowledge by this Agreement they have respectively secured and maintained substantial and adequate funds with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life which they are accustomed. Husband and Wife do hereby waive, release and agrees to relinquish the right to Alimony. 8. LIFE INSURANCE It shall not be necessary for either party to maintain a policy of life insurance for the benefit of the other party. 9. AUTOMOBILES (a) The parties are the owners of two automobiles, a 1999 Plymouth Voyager driven by Husband and a 1994 Ford Probe, driven by Wife. The Plymouth is encumbered by a purchase money loan; the Ford is not encumbered by a purchase loan. Husband shall have sole and exclusive possession of the Plymouth. Wife shall have sole and exclusive possession of the Ford. (b) Husband shall assume and hold Wife harmless for the purchase money loan on his auto. Should any action be required to transfer title or other document of ownership, the parties will take steps to transfer and reflect ownership as soon as possible after the distribution date. (c) Both parties agree to assume all responsibility and hold each other harmless for any and all liability, including insurance, costs and expenses associated with ownership of the above. 10. DIVISION OF REAL PROPERTY Premises. Husband holds title to the premises identified as 1933 Chatham Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. (The Marital Residence). The property is titled to Husband and Tammy Yinger. The parties agree as follows with respect to the Marital Residence: The house shall be the sole and exclusive property of Husband. Husband shall be solely responsible for all furore costs, expenses or liabilities attributable and/or resulting from Husband's and/or Wife's interests in the Marital Premises, and/or by reason of Wife's former ownership thereof. The property is encumbered by a purchase money mortgage with Waypoint Bank. The property is believed to be worth approximately $85,000.00. Husband agrees to be responsible for any and all encumbrances on the property and indemnify and hold wife harmless for any claim thereon. Wife waives the fight to any equity in the marital residence. Should Husband desire to refinance the mortgage on the property, Wife further agrees to cooperate in signing documents which the lender may require to accomplish the later sale, assumption or refinance which is consistent with this agreement. 11. PENSION RETIREMENT AND TRUST ACCOUNTS Husband and Wife shall maintain their separate pension, IRA and/or retirement accounts. Wife relinquishes any other rights, title, and interest she may have in all other existing and future retirement assets or benefits of Husband's pension or retirement plans, 401K or other account, including Stock Options, Savings and Cash balance plans. Husband relinquishes any and all rights, title, and interest he may have in all existing or future retirement assets or benefits of Wife's pension or retirement, 401K or other account. Trust Account. Husband receives the benefit of a trust account payment sometimes referred to as the "Meyer Freed Trust." This property is pre-marital in nature under the divorce code and Wife makes no claim thereto. 12. MEDICAL INSURANCE The parties shall be responsible for their own medical insurance. 13. MARITAL DEBTS Husband agrees to hold Wife harmless for jointly filed taxes owed while married. The parties represent that there are no joint marital obligations. Each of the parties agrees to keep the other indemnified and saved harmless from all debts or liabilities incurred by him or her prior to the date of this agreement and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and any counsel fees whatsoever pertaining to such actions, claims and demands. Since separation, neither party has contracted for any debts which the other will be responsible for and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. Husband has obligations for the following debts, People's Bank, American Express, American Express Optima, Discover Card, First USA Visa and Kohl's. Husband intends to file for bankruptcy protection. Payment of these obligations shall be his responsibility. 14. FILING OF IRS RETURN/TAXES Husband and Wife agree to file separate tax returns for the tax year in which the Decree in Divorce is entered. 15. DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and allow to be filed the necessary documents to obtain a divorce under Section 3301(c) of the Divorce Code. 16. DEATH PRIOR TO DIVORCE If either Husband or Wife dies before the entry of a final decree in divorce between the parties, this Agreement is deemed to survive the death, and the parties, heirs or assigns shall enter into the same status as after the Agreement was entered into. 17. INCORPORATION This agreement is to be incorporated for the purposes of enforcement, but not merged into any subsequent Decree in Divorce. 18. CONTINUED COOPERATION The parties agree that they will, after the execution of this Agreement, execute any and all written instruments, assignments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this Agreement. 25. PRIOR AGREEMENTS It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this Agreement are null and void and of no effect. 26. 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. 27. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding effect whatsoever in determining the rights or obligations of the parties. 28. 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 the day and the year first written above. EXI-IIBIT A Items of personalty to be delivered to Beverly Caplan: None. Items of personalty to be delivered to Glenn Caplan: None. Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 In the Court of Common Pleas of Cumberland County, Pennsylvania GLENN J. CAPLAN, Plaintiff, VS. BEVERLY L. CAPLAN, Defendant. ) ) ) No. 2001 - 7100 ) ) CIVIL TERM ) IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: Code. Ground for divorce: irretrievable breakdown under § 3301(c)(1) of the Divorce 2. Date and manner of service of the complaint: Complaint was mailed December 20, 2001, via United States certified mai1, restricted delivery, return receipt requested to Defendant, which was received by Defendant on December 21,2001, Affidavit of service attached hereto. 3. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff on April 29, 2002; by Defendant on April 26, 2002. 4. Related claims pending: Economic claims are resolved by Marital Settlement Agreement dated April 19, 2002, incorporated by reference hereto. 5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: ~z)'/;$o//o~- . DatsDefendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: ~r/5o/~7_~ · Attorney for Plaintiff INTHE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY STATE OF ~ PENNA. Plaintiff t VERSUS BEVERLY L. CAPLANt Defendnnt. NO. 2001-7100 Decree IN DIVORCE AND NOW,~ DECREED That Glenn J. Caplan AND Beverly L. Caplan ,~ ,~S ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM The BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICh haVE BEEN RAISED Of RECO~CTION FOR WHICH a FINAL ORDER HAS NOT YET BEEN ENTERED; BY THE~ The Marital Settlement AcFrcc~ment dated _April 1 9.. 2002 is incorporated but not merged into this Dec~ ~/// ATTEST: