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HomeMy WebLinkAbout01-1915In the Court of Common Pleas of Cumberland County, Pennsylvania MAUREEN A. KEMP, Plaintiff, VS. THOMAS KEMP, Defendant. ) ) ) 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 ur 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 LAWTER 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 MAUREEN A. KEMP, Plaintiff, VS. THOMAS KEMP, Defendant. No. 2001 .. CIVIL TERM IN DIVORCE NOTICE OF AVAIl,ABILITY 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 connseling sessions are to be borne by you and yom' spouse. If you desire to pursue counseling, you must make yom' 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) 731-95092 In the Court of Common Pleas of Cumberland County, Pennsylvania MAUREEN A. KEMP, ) Plaintiff, ) ) THOMAS KEMP, ) Defendant. ) No. 2001l-. /~ CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE Plaintiff, by her attorney Michael S. Travis, respectftflly represents: 1. Plaintiff is Maureen A. Kemp, who resides at 11 Richland Lane, Apartment 207, Camp Hill, Cumberland County, Pennsylvania, 17011, since October 2000. 2. Defendant is Thomas Kemp, who resides at 2909 Harvard Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011, since May 1996. 3. Plaintiff has 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 14, 1987, in the Country of Frankfurt Germany. 5. There have been no prior actions of divorce or annulment 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. 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. 9. Defendant is a member of the United States Anmed Forces. 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 unsworn falsification to authorities. aureeen A. Kemp, Plaintiff ~ivlidhael g. Travis Attorney for Plaintiff I.D. # 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 Fax 731-9511 MICHAEL S. TRAVIS 4076 MARKET STREET, SUITE 209 CAMP HIt. L, PA 170! 1 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 MAUREEN A. KEMP, ) Plaintiff, ) vs. ) No. 2001 - 1915 ) THOMAS KEMP, ) CIVIL TERM Defendant. ) 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: April 4, 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 July 18, 2001; by defendant on July 11, 2001. 4. Related claims pending: Economic claims are resolved by Marital Settlement Agreement dated May 2, 2001, incorporated by reference hereto. 5. Date plaintiffs Waiver of Notice in § 3301 (c) Divorce was filed with the prothonotary: ?~a~$ _, 2001. prothonotary: Date defendant's Waiver of Notice in § 3~tf~ Divorce was filed with the ttomey for Plaintiff MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this day of ft~ , 2001, by and between Thomas Kemp, (hereina~er referred to as "Husband,") and Maureen A. ]Kemp, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on December 14, 1987; and WHEREAS, Husband and Wife are the natural parents of Megan Kemp, bom June 6, 1989. WHEREAS, differences have arisen between Husband mad 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 execution by the party last executing this Agreement. (b) Distribution Date. The phrase "distribution gate" shall be defined as fourteen days following the entry of a final decree in divorce and the filing of Waivers of Appeals by each party. If the fourteenth day fidis 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 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 cullusion 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, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose oft. his Agreement. 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. CFH~.D CUSTODY The parties acknowledge that they will share leg~l custody of Megan Kemp. The child will remain in the primary physical custody of Hushand subject to Wife's periods of liberal visitation as the parties may agree. 6. DIVISION OF PERSONAL PROPERTY The parties agree that they have divided their items of personalty to their mutual satisfaction, including but not limited to cash, tangible and intangible property, including bank accounts or any property in their possession, except the items listed in Exhibit A which will be property of Wife and may be obtained as soon as practicable. 2 7. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE Wife shall receive lump sum spousal support in the amount of $21,000.00 payable upon refinance of the marital residence. Each party agrees to relinquish any right to further Support/and Alimony Pendente Lite. Cl~ILD SUPPORT There is no payment of child support under this agreement. The parties agree to equally share child care expenses. Husband will pay to Wife the sum of one-dollar ($1.00) per year alimony for seven years commencing on the distribution date of this Agreement. Said payment shall be due on the 15th day of each yearly anniversary of the Distribution Date of this agreement which shall terminate only under the provisions of paragraph (a). The first payment shall be due on the 15th day of the month following the distribution date of this agreement, 2001 and continue for seven years ending 365 days aider the last payment. (a) Notwithstanding the provisions of the above paragraph, the alimony payments provided for in this paragraph shall terminate upon the first to occur of: (i) Wife's remarriage; (ii) Wife's cohabitation pursuant to 23 Pa.C.S.A. §3706; (iii) Wife's death; or (iv) Husband's death. (b) The alimony amount but not duration shall be modifiable upon a change in circumstances of either party of a substantial and continuing nature. 9. LIFE INSURANCE Neither party shall be required to maintain any policy of life insurance for the benefit of the other. 10. AUTOMOBILES The parties shall maintain the automobiles currently in their possession. 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. Wife currently possesses a 1996 Chevrolet Monte Carlo. Husband currently possesses a 2000 Chevrolet S10 pick up truck. Both parties agree to assume all responsibility and hold each other harmless for 3 any and ail liability, including insurance, costs and expenses associated with ownership of the above upon execution of this agreement. The costs of any title txansfers or fees shall be borne equally by the parties. 11. DIVISION OF REAL PROPERTY (a) Premises. Husband and Wife hold title as tenants in the entireties to the premises identified as 2909 Harvard Avenue, Camp Hill, Penn.~ylvania 17011. (The Marital Residence). The parties agree as follows with respect to the Marital Residence: From the date of the execution of this Agreement, Husband shail be solely responsible for all past, present and future costs, expenses or liabilities attributable and/or resulting from Husband's and/or Wife's interests in the Madtai l~emises, and/or by reason of Wife's former ownership thereof. There is a mortgage on the property in favor of Alliance Bank, in the approximate amount of $61,000.00. The property is believed to be worth approximately $103,000.00. Husband will pay the property mortgage directly to Alliance Bank. Husband agrees not to further encumber the property until the existing mortgage is paid and Wife's name is removed from the obligation. Husband agrees to indemnify and hold Wife harmless for any obligation under the existing obligation. It is agreed by the parties that Husband shall have sixty (60) days from the Execution Date of this Agreement to refinance the maritai residence. Upon refinance, Husband shall pay to Wife the sum of $21,000.00 discussed in paragraph 6 which will constitute spousai support. If the property is not refinanced by Husband within the sixty day period, the property will be appraised by a reai estate appraiser acceptable to Wife and the property will be sold at an amount agreeable to Wife. Distribution after costs of sale shail be ffl~ percent ($0%) to Husband and fifty percent (50%) to Wife. Wife, w/thin sixty days after envy of this agreement, at the expense of Husband shail prepare a quitclaim deed conveying ail right and title of the Marital Premises to Husband. 12. PENSION AND RETIREMENT ACCOUNTS Husband and Wife relinquish any and all rights, title and interest they may have in all existing or future retirement assets of the other party. 13. premiums. MEDICAL INSURANCE Each party shall be responsible for payment of their own medicai insurance 4 14. MARITAL DEBTS (a) Both parties will continue to be responsible for all individual obligations incurred during the marriage. Each party shall be responsible and hold the other harmless for debts incurred solely in their name. Neither party is aware of any obligation currently in their nal~e. (b) Husband and Wife represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist which provide for joint liability. From the date of execution of this Agreement, each party shall use only those cards and accounts for which that party is individually liable. (c) 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 Agreemenll. 15. FILING OF IRS RETURNfrAXES Husband and Wife agree to file separate tax retun~s for the tax year in which the Decree in Divorce is entered. 16. DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage. It is ag~ed 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. 17. DEATH PRIOR TO DIVORCE ffeither Husband or Wife dies before the entry ora 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. 18. INCORPORATION This agreement is to be incorporated for the purposes of enforcement, but not merged into any subsequent Decree in Divorce. 19. CONTINUED COOPERATION The parties agree that they will, after the execution of this Agreemeut, execute any and all written instruments, assi~onments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this Agr~.'ment. 20. COUNSEL FEES Except as otherwise provided for in this Agreement, each party shall be responsible for his or her own legal fees and expenses. 21. BREACH If either party breaches any pwvision of this Agreement, the other party shall have the dght, at his or her election, to sue 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. 22. VOLUNTARY AGREEMENT The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable; thai: it is being entered into voluntarily; and that it is not the result of any duress or undue influence. 23. WAIVER OF CLAIMS AGAINST ESTATES Except as herein othen~ise 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, curtsey, 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 or executor of the other's estate. 24. BINDING EFFECT This Agreement shall be binding upon the parties' heirs, successors and assigns. 25. MODII~ICATION AND WAIVER Any modification or waiver of any of the pwvisions of this Agreement shall be effective only if made in writing and executed with the same forraalities 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. 6 26. 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. 27. 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. DESCRIFFIVE lq~ADINGS 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. 29. Pennsylvania. APPLICABLE LAW This Agreement shall be construed under the laws. of the Commonwealth of IN WITNESS WHEREOF, the parties set their hsnds and seals the day and the year first written above. Witness Thomas Kemp, Husband Maureen A. Kemp, Wii'a// 7 Commonwealth of Pennsylvania: County of : PERSONALLY APPEARED BEFORE ME, this,,~'~d'day of /"~ .~'~ ,2001, a nota~ public, in and for the Commonwealth of Pennnylvania, Thomas Kemp, l&own to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. State of /~ : County of~/'~~ : SS: (or satisfactorily pwven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes hereh~ contained. EXI.~BIT A Property in Possession of Husband Belonging to [Yife In the Court of Common Pleas of Cumberland County, Pennsylvania MAUREEN A. KEMP, ) Plaintiff, ) vs. ) No. 2001 -1915 ) THOMAS KEMP, ) CIVIL TERM Defendant. ) 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. 7099 3220 0009 6895 1068, return receipt requested, by depositing the same in the United States mail on April 2, 2001, pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relalling to the Divorce Code. As indicated by the green return receipt card attached hereto, the Complaint was received by the Defendant on April 4, 2001. I verify that the statements made in this Affidavit are tree 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. ./~.- · Complete items 1, 2, and 3. Also co~ item 4 if F[estficted Delivery is desired. so that ~e~n return the card to you. Print your arne and address on the reverse Attach this~card to the back of the mailpiece, or on the f~nt if space permits. 1. Article Addressed to: Xc..~-,~~ [] Addressee D. Is delivery address di~e~e~t ~om item 1 ? [] Yes If YES, enter delivery address baiow: [] No 3. Service Type ~ertified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mall [] C.O.D. 4, Restdoted Oaiivery? (Ex/re Fee) ~nires uite 209 PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789 In the Court of Common Pleas of Cumberland County, Pennsylvania MAUREEN A. KEMP, Plaintiff, VS. THOMAS KEMP, Defendant. ) ) ) No. 2001-1915 ) ) CIVIL TERM ) IN DIVORCE AFFIDAVIT OF CONSENT 2001. 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on April 2, 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. Maureen A. Kemp~, Plaintiff In the Court of Common Pleas of Cumberland County, Pennsylvania MAUREEN A. KEMP, ) Plaintiff, ) vs. ) No. 2001..1915 ) THOMAS KEMP, ) 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: -Maureen A. Kemp,, PFglntiff In the Court of Common Pleas of Cumberland County, Pennsylvania MAUREEN A. KEMP, Plaintiff, VS. THOMAS KEMP, Defendant. ) ) ) No. 2001-1915 ) ) CIVIL TERM ) IN DIVORCE AFFIDAVIT OF CONSENT 2001. 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on April 2, 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 divome 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 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. DATED: ff ~-~[~ o)o~, Thomas Kemp.', Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania MAUREEN A. KEMP, ) Plaintiff, ) vs. ) No. 2001-1915 ) THOMAS KEMP, .) 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 at~er 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: Il Td,] ~°l Thomas Kemp, Defendant IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF _~. PENNA. MAUREEN A. KEMP. Plaintiff, VERSUS Defendant. No. :2001-1915 DECREE IN AND NOW, DECREED THAT AND Thomas Kemp ARE DIVORCED FROM THE BONDS OF MATRIMONY. DIVORCE _ "5 ,, Ii I .'  , IT IS ORDERED AND Maureen A. Kemp , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACT]ON FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Settlement Aqreement dated May 2, 2001 is incorporated but not merged into~cree. BY TH e~ ATTEST: PROTHONOTARY