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HomeMy WebLinkAbout04-3389JUNE FRY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. O¥-- DENNIS FRY, DEFENDANT IN 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, High and Hanover Streets, Carlisle. 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 32 S. Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. JUNE FRY, iN THE COURT OF COMMON PLEAS OF PLAiNTIFF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW v. No. OH-- . 3'rq ,';¢,1 DENNIS FRY, DEFENDANT 1N DIVORCE COMPLAINT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1.. Plaintiff is June Fry, who currently resides at 4 Mountain View Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Dennis Fry who currently resides at 4 Mountain View Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on, April 14, 1973 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Respectfully submitted, ROMINGER, BAYLEY & WHARE 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 89028 Attorney for Plaintiff JUNE FRY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW v. NO. DENNIS FRY, DEFENDANT IN DIVORCE VERIFICATION 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. Date: " une F tiff JUNE FRY, 1N THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW v. NO. DENNIS FRY, DEFENDANT IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on January 1, 2002, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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 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: -"J/J"~]O~ ",~p.l[.. June Fry, Plaintiff MAR TIAL SEPARATION .4 GREEMENT THIS AGREEMENT, made this ~ day of'~, 2004 by and between Dennis Fry. hereinat~er referred to as "HUSBAND", and June FO', bereinaRer referred to as "WIFE." WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on April 14, 1973; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and propert~ rigius and obiigation~ a~ between each oti~r, including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution and real and personal property: the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration. receipt of which is hereby acknowledged by each of the parties hereto. HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this .Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner that conforms to just and right standards, with due regard to the rights of each party. It is the intention oftbe parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity, as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition or any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and Agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and Agreements of each of the parties to the other. The adequacy of the consideration for all Agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 5. Each party to this Agreement acknowledges and declares that he or she, respectively: A. Enters into this Agreement voluntarily after receiving the advice of counsel of his or her own choosing or has voluntarily elected not to obtain counsel; B. Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this Agreement; D. Has carefully read each provision of this Agreement; and E. Fully and completely understands each provision of this Ag~ement, both as to the subject matter and legal effect. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all his or her property, interests of any nature, including any mortgage, pledge, lien. charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate consideration without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax ret.rn~ filed hy or on half of both pnrtie~ durin~ the marriaDe 7. PERSONAL PROPERTY: WIFE and HUSBAND do hereby acknowledge they have heretofore divided the marital property, including but without limitation. jewelry, clothes, furniture and other personalty, and hereafter. WIFE agrees that all the prope,"t7 in the pessessien cf the HUSBAND shall be the s~!e and separate property of the HUSBAND, and HUSBAND agrees that all the property in the possession of the WIFE shall be the sole and separate property of the WIFE. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any. she or he may have with respect to any of the above items which are the sole and separate property of the other. The following property shall be transferred as follows: a. Each party will become the sole and exclusive owner oftheir IRA or 401(K). b. Assets are divided us foiiows: HUSBAND: 2004 Jeep Grand Cherokee All power & hand tools in garage All hunting guns, cabinets & accessories Stereo in family room 61" RCA TV & components in family room TV cabinet for 61" TV in family room Pool table & accessories 13" TV in basement & accessories DP Gympac 100 weight set Nordic Track Ski exerciser in basement Lifystyler treadmill couch & 2 chmrs itl living room Coffee & 2 end tables in living room Kitchen table & 4 chairs Electrolux sweeper Pet dog Bear Front porch glider & chair WIFE: 2002 Ford Escape All jewelry & cabinets All golf clubs & accessories Wrap around couch & matching chair in family room Coffee & end table in family room Computer & accessories Nordic Track Ski exerciser in family room Bowflex in exercise room Pro-form treadmill in exercise room DP Stepper in exercise room 19" TV & accessories in exercise room Washer & Dryer 40" Pioneer TV in basement Desk in basement Sewing machine in basement Piano Grandfather clock Dining room table & 4 chairs China cabinet Table & 5 chairs on back porch White dresser in walk-in closet Bed & 2 dressers in bedroom Vanity 13" TV in bedroom 8. REAL PROPERTY: It is further mutually agreed by and between the panics that the marital residence at 4 Mountain View Drive. Carlisle, Cumberland County, Pennsylvania. 17013 shall be listed for sale and sold. The proceeds from said sale shall be distributed equally between thc parties, then WIFE shall pay to HUSBAND the sum of $10.000. Further. both parties may reside in the marital residence until January 2, 2005. 9. DEBTS: I! is further mutually agreed by and between the parties that the debts of the parties existing as of the time of the execution of this Agreement shall not be finally released or addressed by the foregoing Agreement, and that any debts incurred by the parties after the execution of this Agreement shall be the sole responsibility of the party incurring that obligation. 10. OTHER LEGAL EXPECTANCY INTERESTS: Nothing in this instrument shall be construed to affect either party's legal interest or entitlement to any settlement proceeds arising out of any current pending litigation. 1 I. SUPPORT AND ALIMONY: Except as provided herein, both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony or spousal support before or after any divorce which may be granted. 12. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, 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 oftbe other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take the intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry, into effect this mutual waive and relinquishment of all such interest, rights and claims. 13. BREACH: In the event of the breach of this Agreement by either party, the non- breaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this Agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this Agreement shall be recoverable as part of the judgment entered by the Court. 14. ADDITIONAL INSTRUMENTS: Each ofthe 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 reasonable required to give full force and effect to the provisions of this Agreement. 15. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this Agreement freely and voluntarily. Wife's legal counsel is Michael J. Whare, Esquire. Husband's legal counsel is David A. Baric, Esquire. Both par~ies acknowledge that it has been suggested to them that they review this Agreement with independent legal counsel and has either done so or has voluntarily chosen not to do so. 16. HEADINGS: Any Headings proceeding the text of the several paragraphs and subparagraphs hereof are inserted solely for the convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meanings, constructions or affect. 17. 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. 18. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 19. PRIOR AGREEMENTS: It is understood and agreed that any and all Property Settlement Agreements which may or have been executed or verbally discussed prior to the date and time of this Agreement are null and void and of no effect. 20. Unless otherwise stated herein, this Agreement shall become effective immediately upon its execution by both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. "'Wimess ~- Ju n~Fry ~,.~wiiness ~ ' Dennis Fry ~ COMMONWEALTH OF PENNSYLVNAIA : : SS: COUNTY OF CUMBERLAND : Personally appeared before me, a notary public for Cumberland County, Pennsylvania, this ~day of~, 2004. June Fry, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement. and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~-'~-~----~----~ta ry Pu~ie~' / ~ (SEAL) COMMONWEALTH OF PENNSYLVNAIA : : SS: COUNTY OF CUMBERLAND : Personally appeared before me, a notary, public for Cumberland County. Pennsylvania. this~(day of ~ .2004. Dennis Fry, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. i~mm~lm~lm~l~ Notary. Public (SEAL) JUNE FRY, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION LAW v. : NO. 04-3389 : DENNIS FRY. : DEFENDANT : IN DIVORCE CERTIFICATE OF SERVICE 700] 1010 0001 1191 8904 JUNE FRY, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW v. : NO. 04-3389 DENNIS FRY, : DEFENDANT IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER _~ 3301(D) OF THE DIVORCE CODE 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 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 THE FOREGOING 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. JUNE FRY, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW v. : NO. 04-3389 DENNIS FRY, DEFENDANT IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(d) 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 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 THE FOREGOING 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. - - DENNIS FRY '"- Date JUNE FRY. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY. PENNSYLVANIA : CIVIL ACTION LAW v. : NO. 04-3389 .' DENNIS FRY. : DEFENDANT : IN DIVORCE PRAECIPE TO TRANSMIT RECORt} TO THE PROTHONOTARY: Transmit the record, together with the to/lowing information, to the Court/'or entLv o/`a divorce decree: I. Grounds for divorce: irretrievable breakdown under § 3301 (d)( I ) of the Divorce Code. 2. Date and manner o/` service o/`the Complaint: Jul)' 14, 2004 - certified mail 3. (a.) (1) Date of execution of the Plaintifffs Affidavit required by §3301 (d) of the Divorce Code: July 14. 2004. (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: tiling: July 13, 2004, service: Jul)' 14. 2004. 4. Related claims pending: none 5. Date Plaintifl's Waiver of Notice in §3301(d) Divorce was filed with the ProthonotaD.: September 10, 2004. Date Defendant's Waiver of Notice in §3301(d) Divoree was filed with the Prothonotary: September 10. 2004. Michael J. Whare. Esquire 155 South Hanover Street Carlisle. PA 17013 (717) 241-6070 Supreme Court ID No. 89028 iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~,. PENNA. JUNE FRY Plaintiff NO. 04-3389 VERSUS DENNIS FRY Defendant DECREE IN DIVORCE AND NOW, ~/~-/'~/'~ /~/ , ~ , It is ORDERED AND DECREED THAT JUNE FRY ., PLAINTIFF, AND DENNIS FRY , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RA;SED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. The Marital Settlement Agreement is incorporated but not merged with the Divorce Decree. BY TH~OURT: ./ ATT~ J' PROTHONOTARY