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HomeMy WebLinkAbout04-3456KRISTIN M. KALAR, PLAINTIFF TIMOTHY M. FJ~I2%R, DE FE NDAN T IN THE COURT OF COMMON PLEAS CUM~E~ COUNTY, PENNSYLVANIA 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. 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 ia~Ny 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN~NA/~ED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(c) 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 for counseling within twenty days this notice. Failure to do so right to request counseling. to pursue counseling, you must make your request of the date on which you receive will constitute a waiver of your KRISTIN M. WALAR, PLAINTIFF TIMOTHY M. KALAR, DEFENDANT IN THE COURT OF COb~4ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN DIVORCE COMPLAINT UNDER SECTION 3301(C) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Kristin M. Kalar who resides at 2182 Merrimac Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Timothy M. Kalar who resides at 2182 Merrimac Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff and Defendant have been a bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 17, 1998 in Boiling Springs, Cumlberland County, Pennsylvania. between 6. 7. There have been no prior actions of divorce or annulment the parties in this or any other jurisdiction. There were no children born of this marriage. The marriage is irretrievably broken. 8. The Defendant is not a member of the Armed Services of the United States or its allies. 9. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff requests the court to enter a decree of divorce. Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I and correct. I understand that false subject to the penalties of 18 Pa. C.S. falsification to authorities. verify that the statements made in this Complaint are true statements herein are made 4904, relating to unsworn Kristin M. Kalar MARRIAGE SETTLEMENT AGREEMENT day of .'~/ , 2004, by and between Kristin M. Kalar, (hereinafter referred to as "Wife") and Timothy M. Kalar, (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on October 17, 1998; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, no children were born of this marriage; 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. SEPAPJ%TION 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. 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. 1 3. DIVISION OF PERSONAL PROPERTY The parties have agreed to divide between them and already have divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. The personal property list prepared by Husband stating the items that he wanted is acceptable to the parties and is attached as exhibit A. Husband is to return Wife's stand mixer, VCR, pictures from the dining room and living room, living room lamps, shopvac and power sprayer. Other than as provided by this agreement, neither party shall make any claim to any such items which are now in the possession or under the control of the other. 4. AUTOMOBILES Husband shall have all right and title to his 1996 Mercury Sable. He shall maintain insurance on his vehicle and be responsible for any and all maintenance, liens and other payments related thereto. Husband shall indemnify and hold Wife harmless for all matters related to his vehicle. Wife shall have all right and title to the 2002 Nissan Altima and shall maintain insurance on her vehicle and be responsible for any and 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 marital home located at 2182 Merrimac Avenue , Mechanicsburg, Cumberland County, Pennsylvania has been sold and the net proceeds have been equally divided. 6. PENSION/RETIREMENT Husband has accumulated a pension through his employer that, at the time of separation, had contributions totaling approximately $28,000.00 and a present value of approximately $90,000.00. He also had American Express accounts valued at approximately $7,800.00. Wife had accumulated a pension through her employer that, at the time of separation, had contributions totaling approximately $18,300.00 with a present value of approximately $45,000.00. She also had a ING savings account with approximately $8,200.00. Husband relinquishes any right he may have in Wife's pension or retirement account(s). Wife relinquishes any and all rights she may have in Husband's pension or retirement accounts. 7 . FINANCIAL ACCOUNTS, STOCKS, BONDS AND INVESTMENTS The parties have equitably divided their respective financial accounts. Each party shall maintain their separate accounts and investments and hereby release any interest they may have in the other's accounts, stocks, bonds, joint ventures, businesses, real estate or other investments. 8. MARITAL DEBTS Husband shall be responsible for all marital debts solely in his name and Wife shall be responsible for all marital debts solely in her name. Wife shall be liable for all debt related to her vehicle and her student loan. 9. ALIMONY 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. JOINT FILING OF IRS RETURN Husband and Wife shall file separate tax returns. 11. DIVORCE Wife has filed a Complaint in Divorce in Cumberland County, Pennsylvania, docketed at 04-3456 CIVIL TERM. The parties agree to cooperate with each other in obtaining a final divorce of the marriage under section 3301(c) of the Divorce Code. Upon the expiration of the 90-day waiting period, the parties shall execute the Affidavit of Consent and Waiver of Notice forms for submission to the Court. Wife's attorney shall be responsible for filing the documents necessary to obtain a Decree in Divorce. 12. INCORPORATION INTO DIVORCE DECREE This agreement is to be incorporated into any subsequent Decree in Divorce. 13. CONTINUED COOPERATION The parties agree that they will within fifteen days 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. 14. BREACH If either party breaches any provision of this agreement, the other party shall have the right, 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. 15 . 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 consult with an attorney of their choice. 16. 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 or executor of the other's estate. 17. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 18. 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. 4 19. 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 affect. 2 0 . 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. 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. 22. 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 Witness Witness Date Kristin M. Kalar Commonwealth of Pennsylvania : : ss County of ~J~ ; a notary public, in and for the Commonwealth of Pennsylvania, Timothy M. Kalar, known 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. Commonwealth of Pennsylvania : : ss County of a notary public, in and for the Commonwealth of Pennsylvania, Kristin M. F~lar, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. Notary Public Asset List 1. Dining Room Set Maple Bedroom Set (including Lamps) 35" TV and stand 4. Grill 5. Dehumidifier 6. Living Room Set (including Lamps) 7. Cedar Chest 8_ Quilts Autographed football 10. Al Pacino Pictures 11. Weights 12. Dip Rack 13. Antique ceramic cats 14. Brass fireplace tools 15. Hallway table in 2~ floor 16. Deer Picture 17. Antique sewing machine 18. Lawn Mower 19. Gas Trimmer 20. Linksys router 21. Patio furniture 22. wheel barrow 23. Blue Cooler with wheels 24. Coat rack 25. 2 tan recliners 26. 12 t~ ladder 27. Shaker cabinet in dining room KRISTIN M. KALAR, PLAINTIFF V. TIMOTHY M. KALAR, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 3456 CIVIL IN DIVORCE AFFIDAVIT OF SERVICE I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by depositing the same in the United States mail on July 16, 2004 pursuant to Rule 1920.4 of the Amendments to the PennsYlvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the signed Acceptance of Service attached hereto, the Complaint was received by the Defendant on July 19, 2004. Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 KRISTIN M. KALAR, PLAINTIFF TIMOTHY M. KALAR, DEFENDANT IN THE COURT OF CO~4ON PLEAS CUMBE~ COUNTY, PENNSYLVANIA IN DIVORCE ACCEPTANCE OF SERVICE I, TIMOTHY M. KALAR, accept service of the Divorce Complaint in the above captioned matter. Dated: TIMOTHY M. KALAR DE FENDANT KRISTIN M. KALAR, PLAINTIFF Ve TIMOTHY M. KALAR, DE FENDANT IN THE COURT OF CO~94ON PLEAS CUMBE~ COUNTY, PENNSYLVANIA NO. 04 - 3456 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 16, 2004. 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. DATED: KRISTIN M. KALAR KRISTIN M. KALAR, PLAINT IFF TIMOTHY M. KALAR, DE FENDANT IN THE COURT OF COb~4ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 3456 CIVIL IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST 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. KRISTIN M. KALAR KRISTIN M. KALAR, Plaintiff VS. TIMOTHY M. KALAR, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : : No. 04-3456 Civil Term : : CML ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on July 16, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. o'4 Date Timo~y M. Kalar, ~'~ Defendant KRISTIN M. KALAR, Plaintiff VS. TIMOTHY M. KALAR, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-3456 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE 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 f'mal 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 this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. {}4904 relating to unswom falsification to authorities. Date Timothy M. Kalar, Defendant KRISTIN M. KALAR, PLAINTIFF TIMOTHY M. KALAR, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 3456 CIVIL IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On July 19, 2004 by Acceptance of Service. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: 2004; By Defendant, October 22, 2004. 4. 5. By Plaintiff, October 19, Related claims pending: None Date Plaintiff's Waiver of Notice in ~ 3301(c) divorce was filed with the Prothonotary on October 25, 2004. Date Defendant's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on October 25, 2004. Thomas D. Gould, Esquire Attorney For Plaintiff IN THE COURT OF COMMON PLEAS KRISTIN M. KALAR, Plaintiff OF CUMBERLAND COUNTY STATE OF ,~ PENNA. NO. 2004-3456 CIVIL VERSUS TIMOTHY M. KALAR, Defendant DECREE DIVORCE DECREED thaT KRISTIN M. KALAR IN 2004, iT iS OrDErED and , PLAINTIFF, AND TIMOTHY M. KALAR ,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 MARRIAGE SETTLEMENT AGREEMENT DATED OCTOBER 19, 2004 IS HEREBY INCORPORATED INTO THIS DECREE IN DIVORCE. BY THE COURT:- PROTHONOTARY