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HomeMy WebLinkAbout01-1183SHARON LOUISE SITES, Plaintiff JARROD WESLEY SITES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.~)]-.//g3 CIVIL TERM IN DIVORCE 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, 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 SHARON LOUISE SITES, Plaintiff JARROD WESLEY SITES, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; : NO. 0/-//?.j CIVIL TERM ; : IN DIVORCE COMPI,ATNT IN DIVO]~ C,E COUNT I - DIVORCE 1. Plaintiff is SHARON LOUISE SITES, presently residing at 1936 Sterretts Gap Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is JARROD WESLEY SITES, presently residing at Long Street Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married May 20, 1990. 5. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 6. Neither party to this action in divorce is currently a member of the Armed Forces of the United States of America. 7. Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The marriage between the parties hereto is irretrievably broken. 9. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, the Plaintiffrequests this Court to: a. Enter a final Decree of Divorce divorcing the Plaintiff from the Defendant; and b. Grant such further relief as it shall deem proper and just. Respectfully submitted, ,JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17015 (717) 249-6427 (717) 249-8427 - Fax Attorney No. $0130 VERIFICATION I hereby verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 4 SHARON LOUISE SITES, Plaintiff JARROD WESLEY SITES, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1183 CML TERM : _. : IN DIVORCE CF.r. TTFTC, ATI~, OF ~ql~.RvIcE I, Shelley Eichelberger, ihereby certify that a true and correct copy of a Notice To Defend Rights and Claim Rights and a true and correct copy of a Complaint In Divorce Under Section 3301(c), was duly served for the Defendant, Jarrod Wesley Sites, by a registered letter deposited in the U.S. Mail on March 7, 2001, addressed as follows: Jarrod Wesley Sites 19 Long Street Drive Carlisle, PA 17013 And further that this attached card demonstrates that on March 15, 2001, the Defendant was served. I hereby verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~// ~/L~ / SHELLEY~ICHELBERGF~ ~ m m · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and addre&s on the reverse so th~ we can return the card to you. · Affach this card to the Peck of the mailplece, or on the front if space permits. 1. Article Addressed to: [] Insured Mail 2. Article Number (Copy from service label) Doqq Ba- ooooq [] F. xpre~s Mall ,J~ Return Receipt Mefchan~llse for C.O.D. Sharon Louise Sites, plaintiff V. Jarrod Wesley Sites, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-1183 CIV/L TERM : 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. 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 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: July 31, 2001 Sharon Louise Sites, Plaintiff V. Jarrod Wesley Sites, Defendant IN THE COURT OF COMMON PLF_.~S CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1183 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under the Divorce code was filed February 27, 2001, on the grounds that the marriage of the parties is irretrievably broken. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 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 the 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: July 31, 2001 Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 SHARON LOUISE SITES, Plaintiff VS. JARROD WESLEY SITES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-1183 CML : : IN DIVORCE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Michael S. Travis, Esquire, as attorney for Jarrod W. Sites in the above-captioned matter. Date: ~~ael S.~ravi~, Esquire ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 Sharon Louise Sites, plaintiff V. Jarrod Wesley Sites, Defendant : IH THE COURT OF COMMON PLEAS : C~ERLAND COUNTY, PENNSYLVANIA : : NO. 01-1183 CIVIL TERM : IH 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. 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 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: Sharon :Uouise Sites Shzron Louise Sites, plnintiff Jarrod Wesley Sites, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1183 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under the Divorce code was filed on February 27, 2001, on the grounds that the marriage of the parties is irretrievably broken. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 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 the 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: ~,~-~o ~ SHARON LOUISE SITES, Plaintiff rS, JARROD WESLEY SITES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1183 CML 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: 1. Ground for the divorce is irretrievable breakdown under Section of 3301(c) of the Divorce Code. 2. Defendant was served the Divorce Complaint on or about February 27, 2001. 3. Plaintiff's Affidavit required by Section 3301(c) of the Divorce Code was executed by the Plaintiff on August 2, 2001. 4. Defendant's Affidavit required by Section 3301(c) of the Divorce Code was executed by the Defendant on July 27, 2001. 5. There are no related claims pending. The parties agree to the entry of the Marital Settlement Agreement dated July 30, 2001, to be incorporated into the final Decree of Divorce between them. Respectfully submitted, Samuel W. M4'~kes, Esquire JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 Attorney for Plaintiff SHARON LOUISE SITES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 01-1183 CIVIL TERM : JARROD WESLEY SITES, : Defendant : IN DIVORCE MARITAL AGREEMENT THIS AGREEMENT is made this~day of -"~y 2001, by and between SHARON LOUISE SITES ("Wife") and JARROD WESLEY SITES ("Husband"). WHEREAS, the parties were married on May 20, 1990, and have remained married since that time; and VVHEREAS, certain differences have arisen between the parties and, as a consequence, they are living separate and apart ii'om each other; and VVItEREAS the parties wish to set forth certain covenants and understandings regarding their separation and their respective property rights; NOW THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties hereto, intending to be legally bound, covenant and agree as follows: 1. VOLUNTARY AGREEMENT: It is acknowledged by the parties that this Agreement is entered into voluntarily and after due deliberation by each of them. Wife is represented by Samuel W. Milkes, Esq., Jacobsen & Milkes and Husband is represented by Michael S. Traws, Esq. 2. SEPARATION AND NON-INTERFERENCE: It shall be lawful for Wife and Husband at all times hereafter to live separate and apart ii'om each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, harassment or interference, indirect or direct, from each other. 3. DIVORCE ACTION: The parties acknowledge that an action for divorce between them has been filed by Wife in the Court of Common Pleas of Cumberland County, Pennsylvania, at the above reference docket number. The parties hereby acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle, amicably and fully hereby, all claims which might be raised by either party in the divorce action. The parties acknowledge that they will execute, on or about; June 14, 2001, the necessary Affidavits of Consent for the entry of a final divorce decree in the pending action. 4. LEGAL ADVICE: The parties acknowledge that Wife has been represented by Samuel W. Milkes, Esq., Jacobsen & Milkes, as counsel in this matter, and that Husband has been represented by Michael S. Travis, Esq. in this matter. Wife and Husband each acknowledge that they have received, or have had the opportunity to receive independent legal advice from counsel of her or his selection prior to the execution of this Agreement. Each party agrees that she or he each fully understands the facts surrounding this divorce, and each has had the opportunity to be fully informed as to her or his legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after Wife's consultation with her attorney and Husband's consultation with his attorney. The execution of the Agreement is not the result of any duress or undue influence, and it is not the result of any collusion or improper illegal agreement or agreements. The parties acknowledge that each has been fully informed off or each is famihar with, the 2 wealth, property, state, and income of the other, and each party is hereby satisfied that such information is true and correct. 5. PERSONAL PROPERTY: All other property, not covered specifically in this Agreement, is and shall remain the sole property of the individual possessing that property at the time of execution of this Agreement. 6. MARITAL HOME: Husband currently occupies the marital home located at 1936 Sterretts Gap Avenue, Carlisle, Pennsylvania. Husband shall, within a period of two years from the date of this Agreement, obtain his own financing on this home or otherwise take any and all steps necessary to remove Wife from any financial obligation relating to this home. Wife agrees to cooperate in all respects with these efforts. Until such time as this occurs, Husband shall continue to be fully responsible for the mortgage, taxes, utilities, insurance, and any upkeep costs or any assessments relating to this home and he shall hold Wife harmless and indemnify Wife for any failure on his part to do so. Within two years of the date of this Agreement, or at any earlier time that he is able to refinance or sell the home or accomplish some other means of removing Wife from any obligation on the home, Husband shall pay to Wife the sum of Ten Thousand ($10,000) Dollars as full settlement of the respective interests of the parties in this home. In the event Husband fails to meet the above obhgations with respect to the marital home, the home shall, at the time of this failure, immediately be placed for sale through a reputable realtor agreed upon by the parties (or in default of such an agreement, agreed upon by their counsel) and the proceeds of the sale shall be distributed 60% to Wife and 40% to Husband. In the event this distribution is insufficient to meet Husband's obligation to pay Wife $10,000, the first $10,000 of this distribution shall be made to Wife and the remainder distributed to Husband. In the 3 event this modification is still insufficient to meet Husband's obligation, Husband shall at that time pay to Wife the remaining balance due on the $10,000. If the home is placed for sale or refinanced at any time that there remains an outstanding balance due on the home equity loan referred to in paragraph 10, it shall be Wife's obligation at the time of settlement to make payment in full on this loan. However, if Husband owes to Wife all or any part of the $10,000 obligation referred to above, he shall at the time of settlement pay this amount to Wife by first applying any portion of this amount which reflects the balance due on the home equity loan and then paying to Wife the remaining balance of the $10,000 to Wife. If the loan amount exceeds $10,000, Wife shall pay the additional balance due at time of settlement. Further, in the event Husband fails or refuses to execute necessary documents for the finalizing of this Divorce action, including an affidavit of consent to the divorce and a waiver of notice of the request for the entry of a divorce decree, then the home shall be immediately sold under the same terms and conditions as if Husband had failed to meet his obligations under this paragraph of the Agreement. 7. PENSION ACCOUNTS: Each party shall retain any and all interests she or he now owns, or possesses in her or his name, with respect to any retirement, pension, or similar interests, including specifically any pension or retirement plan, 401(k) plan, stock option or bonus plan, or any similar benefit. The parties specifically agree that if a Qualified Domestic Relations Order or other similar document is needed to effectuate this portion of the agreement, they will cooperate to take any steps necessary for this to occur. 8. STOCKS, BONDS, SAVINGS ACCOUNTS: The parties acknowledge that each is the full and separate owner of any and all stocks, bonds, savings 4 accounts, checking accounts, certificates of deposit, IRAs, or other similar cash types of holdings which either party currently holds in his or her name, unless otherwise addressed in this Agreement:. 9. VEHICLES' Each party shall retain any and all motor vehicles now in his or her possession. Each party will take any steps necessary, as soon as possible, to transfer any title to ownership he or she may have in the other person's vehicle, at the sole expense of the party retaining the vehicle. Each party will be solely responsible for continuing to make any payments currently due on any vehicle in his or her possession and that party will hold the other harmless and indemnify him or her for any failures in keeping payments current and in ultimately paying off any indebtedness associated with the vehicle. Specifically, this agreement will result in Husband retaining the 1995 Ford Explorer now in his possession and which is fully paid for and Wife retaining the 1999 Ford Windstar Van, with financing that she continues to pay. 1~). DEBTS: The parties agree that the debts addressed throughout this Agreement, including those set forth below, constitute the entire indebtedness of the parties with respect to any marital interests and that any debts not addressed in this Agreement shall remain the sole responsibility of the person in whose name the debt exists. Further, the parties agree that since the separation of the parties, neither had done anything which has or would cause the other party to incur any indebtedness outside of any debts listed in this Agreement. Wife shall pay off the following debts and shall indemnify and hold Husband harmless should she fail to do so, on a timely basis, as scheduled by the creditor: VISA bill (currently in Wife's name), having a balance of approximately $5,000, VISA bill (currently in Husband's and Wife's name), having a balance of approximately 5 $2,000, HRS bill (currently in Husband's and Wife's name), having a balance of approximately $3,200, Lowe's bill, having a balance of approximately $2,000, Personal Service Loan, having a balance of approximately $9,000, and the home equity loan secured by the marital home. The home equity loan may be paid by making regularly scheduled payments until the entire debt is satisfied. However, if the debt has not been satisfied at a time the home is to be sold or refinanced, accelerated payment shall be made in the manner described in paragraph 6. 11. CUSTODY: The parties are the parents of the following minor children: Katelyn Nicole Sites (born January 6, 1993), Tyler Wesley Sites (born February 11, 1996), and Brendan Matthew Sites (born October 15, 1997). The parties agree that their respective custody rights with respect to these children are and shall be as follows: The parties shall share legal and physical custody of these children. Father shall enjoy partial physical custody on dates mutually agreed upon by the parties and otherwise, the children shall be in the physical custody of mother. 12. SUPPORT: Father shall continue to pay the monthly support amount of $500 toward support of the children. At Mother's option, she may have this obligation enforced through the Domestic Relations Section of the Cumberland County Courts. Out-of-pocket medical expenses incurred by the parties for medical treatment of the children shall be divided equally by the parties. This support obligation is not modifiable and shall continue in place until Brendan Matthew Sites Coorn October 15, 1997) reaches age 18 or graduates from High School, whichever is later. 13. BUSINESS: WS VENDING LLC: As a part of this overall Agreement, the parties hereby mutually agree that Wife relinquishes to Husband any and all interest she holds in the business entitled WS Vending LLC, and further, Husband agrees to indemnify and hold Wife harmless for any indebtedness which might otherwise be attributable to her with respect to this business. Accordingly, it is the intent of the parties that Wife will have no further interest in this business, nor shall she have any obligations connected with this business. To the extent any such interest or obligations existed up to the time of execution of this Agreement, they are now considered the interests and obligations of Husband. 14. EXECUTION OF DOCUMENTS: Each of the parties shall, from time to time at the request of each other, execute, acknowledge and deliver to the other party any and all further instruments that may reasonably be required in order to give full force and effect to the provisions of this Agreement. 15. MUTUAL RELEASE AND COUNSEL FEES: Except as provided for in this Agreement, the parties hereby remise, release, quit-claim and forever discharge each other and the estate of each other, for all time to come, and for all purposes whatsoever, from any and every claim, including alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or costs under the Divorce Reform Act:. or otherwise, that they make or hereafter make in and to or against each other's estates or any parts thereof, whether by way or dower or courtesy, or under the intestate laws, or the right to take or elect against the other's will, except only such rights as accrue pursuant to this Agreement. 16. ENTIRE AGREEMENT: The parties acknowledge and agree that this Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 7 17. AGREEMENT BINDING ON HEIRS: This Agreement constitutes the final agreement of the parties and is binding upon their heirs, assigns and successors in interest. 18. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 19. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 20. 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. 21. BREACH OF AGREEMENT: In the event that either party breaches any provision of this Agreement or fails to timely perform his or her obligation under this Agreement, she or he shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court costs and counsel fees of the other party. In the event of breach, the other party shall have the right, at her or his election, to sue for damages for such breach or to seek such other and additional remedies as may be available to her or him. IN WITNESS WHEREOF, the parties hereto have set their hands and seals 8 as of the day and year first above written. s JARreD WESL]~Y SITES ~TRAVIS, ESQ. 9 IN THE COURT OF COMMON PLEAS Sharon Louise Sites, Plaintiff OFCUMBERLANDCOUNTY STATE OF ~~ PENNA. No. 01-1183 VERSUS Jarrod Wesley Sites, Defendant DECREE IN DIVORCE DECREED THAT Sharon Louise Sites , PLAINTIFF, AND Jarrod Wesley Sites , 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; The Marital Settlement Agreement of July 30, ?OOl i~ hereby incorpnratod PROTHONOTARY