HomeMy WebLinkAbout02-0216F:kFlLES~DATAFILE\Ocndoc.cur\10545-conxl
Revved: 01/14/02 12:15:24 PM
10545.1
WILLIAM C. WOODS,
Plaintiff
V.
ANNELIESE WOODS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-
CIVIL ACTION LAW
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 maybe 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 at the Domestic
Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a
convenience to you and you are not bound to choose a counselor from the 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 (20) days of
the date on which you receive this notice. Failure to do so will constitute a waiver of your right to
request counseling.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS ENTERED, 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, Pennsylvania 17013
Telephone (717) 249-3166
WILLIAM C. WOODS,
Plaintiff
V.
ANNELIESE WOODS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-216
CIVIL ACTION LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on January
16, 2002.
2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety days have
elapsed from the date of filing and sereice of the Complaint.
3. I consent to the entry of a final decree of divorce.
4. 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.
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301(c) AND § 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, lawyers
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 and waiver 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:
William C. Woods, Plaintiff
,-(ECFI\/EL
JUL ~. ~ 2002
FAFILES~DATAFILE\C~ndoc.cur\ I 0545-com 1 '°
Created: 01/14/02 12:07:05 PM
Revised: 01/14/02 12:18:31 PM
WILLIAM C. WOODS, :
Plaintiff :
V. .'
:
ANNELIESE WOODS, :
Defendant :
PA 17241.
2.
PA 17241.
3.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002- c~l Ce
CWIL ACTION LAW
IN DIVORCE
COMPLAINT
Plaintiff is William C. Woods, who currently resides at 28 Glebe Avenue, Newville,
Defendant is Anneliese Woods, who currently resides at 10 Fickes Road, Newville,
Plaintiff and Defendant have been bona fide residents in the Commonwealth of
Pennsylvania for at least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married 42 years ago.
5. There have been no prior actions of divoree or for annulment between the parties.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised that counseling is available and that Plaintiff may have the
fight to request that the court require the parties to participate in counseling.
8. Plaintiff requests the Court to enter a decree of divorce.
MARTSON DEARDORFF WILLIAMS & OTTO
BYThomas J. Wilan"~s,~
Esquire
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Date: January 14, 2002
VERIFICATION
The foregoing Divorce Complaint is based upon information which has been gathered by my
counsel in the preparation of the lawsuit. The language of the document is that of counsel and not
my own. I have read the document and to the extent that it is based upon information which I have
given to my counsel, it is true and correct to the best of my knowledge, information and belief. To
the extent that the content of the document is that of counsel, I have relied upon counsel in making
this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
William C. Woods
WILLIAM C. WOODS,
Plaintiff
ANNELIESE WOODS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-216
CIVIL ACTION LAW
IN DiVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
:SS.
COUNTY OF CUMBERLAND )
I hereby certify that a copy of the Complaint in Divorce was mailed to Defendant Anneliese
Woods at 10 Fickes Road, Newville, PA 17241 on January 17, 2002 by certified mail, restricted
delivery, return receipt requested.
Attached is the Post Office return receipt signed "Annelise Woods" and dated January 23, 2002.
Thomas J. Willie/ms, Esquire
Sworn to and subscribed
before me this,2ff~ay of
NOTARIAL SEAL
TRICIA D. ECKENROAD, Notary Public
Carlisle Rom. Cumber~nd County
My Oornm,~sio~ I[~alr~ Ora. ~
· Complete items 1, 2, and 3. Also complete
~ 4 if Restricted Detivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the malipiece,
or on the front if space permits.
1. Article Addressed to:
A. Received
[] Ag~t
[] Addressee
D. Isdelive~yaddressdifferentflom~em 17 DYes
If YES, enter dailve~ address baiow: [] No
3. Se~ice Type
~ C~tified Mall
[] Regleterecl
[] insured Mail
[] Express Mail
[] Return Receipt for Merchandlae
[] C.O.D.
4. Restricted Delivery? (Ex/ra Fee) ~'yes
2. Article Number opy from sen, ice la
'PS Form 3811, July 1999 Domeetic Return Receipt
102595-99-M-17Bg
F:~ILES~DATAF1LE~Geado~. cu610545.consent.wai
Crcat~x~ 01/14/02 12:05:06PM
Revised: 07/05/02 02:11:18 PM ~
10545, I ·
WILLIAM C. WOODS,
Plaintiff
Vo
ANNELIESE WOODS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-216
CIVIL ACTION LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on January
16, 2002. I acknowledge receiving a tree and correct copy of the Divorce Complaint, said copy
being served upon me by Certified Mail, Restricted Delivery, on January 23, 2002.
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.
4. 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.
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301(c) AND § 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 conceming alimony, division of property, lawyers
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 and waiver are tree 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:
AUG o 5 2O02
Anneliese Woods, Defendant
F:G~ILES~DATAFILE\Gendo¢ cur\ 10545-pta. l/tde
Created: 01/14/02 12:05:06 PM
Revised: 08/28/02 04:I9:03 PM
105451
WILLIAM C. WOODS, :
Plaintiff :
V. :
:
ANNELIESE WOODS, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-216
CIVIL ACTION LAW
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:
Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce
Code.
2.
3.
Date and manner of service of the complaint: See Affidavit of Service, as filed.
Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c)
of the Divorce Code; July 9, 2002; by the Defendant; August 5, 2002.
4. Related claims pending: None.
5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: July 16, 2002.
Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: August 6, 2002.
Date: August 28, 2002
MARTSON DEARDORFF WILLIAMS & OTTO
Thomas J. Williams]Esquire
Ten East High StrL~t
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MARITAL SETTLEMENT AGREEMENT
This Agreement, made this ~'r-'~day of /~ v t~ u ~ ~ ,2002, by and between WILLIAM
C. WOODS of 28 Glebe Avenue, Newville, Pennsylvania, (hereinafter referred to as "Husband")
and ANNELIESE WOODS, of 10 Fickes Road, Newville, Pennsylvania (hereinafter referred to as
"Wife").
WHEREAS, the parties hereto are Husband and Wife, having been married on Sanuary 21,
1960 in Kaiserslaute~z, Ge~aany, and
WHEREAS, difficulties have arisen between the parties as a result of which they now desire
to live separate and apart and by this Agreement, to settle all financial and property rights between
them; and
WHEREAS, this Agreement is being made in concurrence with the finalization of a divorce
action filed at No. 2002-216 in the Court of Common Pleas of Cumberland County with the
execution hereof; and
WHEREAS, Husband and Wife declare that each has had full and fair opportunity to obtain
independent legal advice of counsel of their selection, and that before signing this Agreement, each
has either been fully advised by counsel of their rights and obligations under the law and this
Agreement, or else have waived their right to legal advice. Each party hereby confirms that he or
she has read carefully and fully understands the terms, conditions and provisions of this Agreement
and believes same to be fair, just, adequate and reasonable under the existing facts and
circumstances. The parties further declare that each is executing the Agreement ~eely and
voluntarily, and not as a result of any fxaud, coercion, duress, undue influence or collusion; and
WHEREAS, Husband and Wife respectively acknowledge that before signing this Agreement
they have been fully advised by their respective counsel of their fights and obligations, have read
carefully and understand the terms of this Agreement, and have fxeely consented to this Agreement,
believing it'to be fair, just and equitable; and
WHEREAS, Husband and Wife are satisfied that they understand the value and extent of all
pmpertywhich would be considered "marital property" under the Pennsylvania Divorce Refosm Act,
whether titled or owned separately or jointly as well as the value and extent ofnonmarital property
held or expected to be held by each other.
NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth
herein and intending to be legally bound hereby, the parties hereto do hereby agree as follows:
1. SEPARATION:
Husband and Wife shall be free from constraint or control by the other as fully as if he or she
were unmarried. Neithcr shall disturb, troublc and intcrfcrc in any way with thc other or with any
person for associating with the other.
2. RELEASE:
Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes
her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents,
for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit
claim and forever discharge the other party hereto, his or her heirs, executors, administrators or
assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits
at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted
or suffered to be done by said other party prior to and including the date hereof; further, the parties
acknowledge that all rights under the Pennsylvania Divorce Code that are not specifically
incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this
paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations
and promises made and imposed by reason of this Agreement and shall in no way affect any causes
of action in absolute divorce which either party may have against the other.
3. DIVORCE:
Both parties agree to finalize the no-fault divorce under Section 3301 (c) of the Pennsylvania
Divorce Code which has been filed and, in connection therewith, to execute and acknowledge
whatever consents or other documents that are necessary to accomplish this forthwith or as soon
hereafter as permitted by applicable law. The temls of this Agreement shall be incorporated but not
merged into any Divorce Decree which may be entered with respect to the parties, and the court
shall retain continuing jurisdiction over the parties and the subject matter of this Agreeiaent for the
purpose of enforcement of any of the provisions hereof.
4. DEBTS:
Both parties agree that, in the future, neither shall cause or pemfit to be charged to or against
the other any purchase or purchases which either of them may hereafter make and shall not hereafter
create any engagements, debts or obligations in the name of or against each other. Except as
specifically provided herein, each agrees to hold the other free and harmless from any and all debts
and other obligations which he or she may have incurred since the date of the separation and agrees
to indemnify and defend the other party from any claim regarding same.
5. MARITAL DEBTS:
During the course of the marriage, Husband and Wife have incurred certain bills and
obligations and have amassed a variety of debts. Each party agrees to hold the other l~ee and
harmless from any and all liability which may arise from the bills, obligations, and debts which are
the responsibility of that party and agrees to indemnify and defend the other party from any claim
regarding same.
6. PERSONAL PROPERTY:
A. AUTOMOBILES:
Each party shall have sole title to the automobile in their possession and shall
indemnify, defend and hold the other harmless from any claim with respect thereto.
B. OTHER PERSONAL PROPERTY:
Except as stated below, the parties have heretofore divided the property, both real and
personal, which they owned either together or separately and such division and
apportionment is hereby confirmed.
(i) BOAT:
Husband shall have sole title to a boat presently titled in his name and Wife
waives any right, title and interest in same. Wife shall permit the boat to be
kept at the marital residence referred to in Article 7 hereof at no charge to
Husband and Husband shall have reasonable access to same. The boat shall
be parked at its historical space behind the garage. This provision shall
t~minate when Wife sells the marital residence to a third party and vacates.
(ii) CAMPER:
Husband shall have sole title to an Apache camper presently owned jointly
and Wife waives any right, title and interest in same. Wife shall pcmfit the
camper to be kept at the marital residence referred to in Article 7 hereof at no
charge to Husband and Husband shall have reasonable access to same. The
camper shall be parked at its historical space in the driveway. This provision
shall terminate when Wife sells the marital residence to a third party and
vacates.
7. RE),I, PROPERTY:
Husband and Wife are joint owners by the entireties ofa c~rtain piece of real estate,
with a dwelling situated thereon, known as 10 Fickes Road, C~li~, hereinafter referred to
as thc "marital residence." Wife shall have exclusive possession of thc marital residence
effective immediately. Husband shall promptly execute a Quit Claim Deed in favor of Wife
so that she shall have sole title; concurrently, Wife shall execute a judgment note and
mortgage, in a form satisfactory to Husband in thc amount of $25,000.00, payable in five
yearly installments of $5,000.00. The first such installment is payable on January 1, 2003
and the succeeding four installments arc to be paid on thc first day of each subsequent year
until paid in full. Wife shall to be solely responsible for all debts related to thc marital
residence, including thc mortgage, and to indemnify, defend and save Husband harmless with
regard to same. Should Husband pre-decease Wife before all payments are made, the amount
paid to that date shall be considered payment in full, and the mortgage marked satisfied.
8. AFTER-ACQUIRED PROPERTY:
Each of the parties shall hereafter own and enjoy, independently of any claim or right of the
other, all items of property, be they real, personal or mixed, tangible or intangible, which is or has
been acquired by him or her after thc date of separation, with full power in him or her to dispose of
the same as fully and effectively, in all respects and for all purposes, as though he or she were
unraarfied.
9. HUSBAND'S MILITARY PENSION:
Husband shall maintain Wife under the "SBP" benefit of his military pension.
10. ALIMONY:
Husband shall pay to Wife the sum of $800.00 per month as alimony. The first payment shall
be due on the first day of the month following the month in which a Decree of Divorce is entered,
and succeeding payments shall be due on the first day each month thereafter. Husband's obligation
to pay alimony pursuant to this Paragraph will end and he will be released from this obligation upon
the remarriage of Wife, or upon the death of either party. Husband may request the Court to modify
or terminate alimony in accordance with applicable law; provided, however, that in no event shall
an alimony award be more than the sum of $800.00 per month.
11. ENFORCEMENT:,
If either party defaults in the due performance of any of the temps, conditions and covenants
of this Agreement on his or her part to be perfo~iied, the non-defaulting party shall have the right
to sue for specific performance or damages for the breach of this Agreement, and the defaulting party
shall pay the reasonable legal fees for any services rendered by pension the non-defaulting party's
attorney in any action or proceeding to compel the defaulting party's due performance hereunder
as well as costs for bringing the action or proceeding. If either party challenges the vahdity of this
Agreement and the challenge is not successful, the challenging party shall similarly reimburse the
defending party for all expenses and losses incurred in the defense.
12. EXECUTION OF DOCUIVIENTS:
The parties agree to execute all documents that are reasonably necessary to effectuate the
purpose of this Agreement. In the event that either party shall refuse or fail to execute and/or
acknowledge any such document, then the other party shall have, and is hereby granted, the fight and
power to appoint one or more times any person or persons of his or her choosing as attorney-in-fact
for the other party to so execute and acknowledge such documents.
13. CONTRACT INTERPRETATION:
For purposes of contract interpretation and for the purpose of resolving any ambiguity
herein, Husband and Wife agree that this Agreement was prepared jointly by their respective
attorneys.
14. ADDRESS AND TELEPHONE NUMBER OF PARTIES:
As long as any obligations remain to be performed pursuant to the provisions of this
Agreement, each party shall have the affirmative obligation to keep the other informed of his or her
residence address and telephone number, and shall promptly notify the other in writing of any change
of address by giving the new residence address and telephone number.
15. MISCELLANEOUS:
A. This Agreement constitutes the entire agreement between the parties, being the final
and complete settlement of all matters between them and supersedes any prior written or oral
agreements between them respecting the within subject matter. There are no representations,
agreements, arrangements or understandings, oral or written, between and among the parties hereto
relating to the subject matter of this Agreement which are not fully expressed herein.
B. This Agreement may not be amended, modified, altered or revoked except in writing
executed by both the parties hereto.
C. This Agrevment may not be assiguecl by either party without the prior written consent
of the other party.
D. This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original for all purposes, and all of which together shall constitute one and the same
instrument.
E. This Agreement shall be binding upon the parties hereto, their heirs, executors,
administrators and assigns.
F. This Agreement shall be interpreted under the laws of the Commonwealth of
Pennsylvania in effect as of the execution date of this Agreement.
G. Jurisdiction over the parties with regard to any matter covered by this Agreement shall
be in Cumberland County, Pennsylvania. Any reference herein to a court shall be deemed a
reference to the Court of Common Pleas of Cumberland County, Pennsylvania.
H. The failure to strictly enforce any part of this Agreement shall not be deemed a waiver
thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any other part
of this Agreement.
I. All payments or communications pertaining to matters provided for in this Agreement
may be made or given if delivered or mailed to a party, at such address as either party shall designate
to the other in writing from time to time, or, if no such designation is made, then to the address as
set forth above.
J. Titles are for convenience and ease of reference only and are not to be considered part
of the Agrecment for purposes of interpretation.
K. The term of this Agreement shall continue indefirdtely from the effective date hereof
and shall, to the extent possible, survive any future reconciliation of the parties unless they
specifically provide otherwise in writing.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written, intending to be legally bound hereby.
Wimess;
William C. Woods, Husband
Anneliese Woods, Wife
COIVIlVIONWEALTH OF PENNSYLVANIA )
COUNTY OF )
On this, the o~ day of ~ ,2002, before me, the undersigned officer, personally
appeared William C. Woods, knowfi to me (or satisfactorily proven) to be the person whose name
is subscribed to the within instrument, and acknowledged that he executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARIAL SEAL
TRICIA D. ECKENROAD, Nota~ Public
Carlisle ~.oro., CumberLand
COMMO~ALTH OF PENNSYLVANIA )
): SS.
COUNTY OF )
On this, the day of ,2002, before me, the undersigned officer, personally
appeared Anneliese Woods, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that she executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
(SEAL)
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND : SS
On this 5th day of August 2002, before me, the undersigned officer, personally
appeared Thomas S. Diehl, Esquire, known to me (or satisfactorily proven) to be a
member of the bar of the highest Court of said Commonwealth and a subscribing witness
to the within instrument and certified that he was personally present when Anneliese
Woods, whose name is subscribed to the within instrument, executes the same, and that
said person acknowledge that Anneliese Woods executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
KJm_bedy L. Dlehl-!.lol~]h, Notary Public
.~y L~ommission Expires Ma~ 5, 2q03
IN
THE COURT OF
OF CUMBERLAND
STATE OF ~
COMMON
COUNTY
PENNA.
PLEAS
Plaintiff
Versus
ANNELIESE WOODS
Defendant
No...z02~:~!~ ...................... 19
DECREE IN
DIVORCE
AND NOW .......... ~ ..... ./-.~..., :i~ ?.0pC.., it is ordered and
decreed that ................X:.kk:.A~...c... y.o.o?.s. ................. plaintiff,
and .......................... .~.~. ~. ~. ~. ~. s. ~..~. o. 0. p .s ................. 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;
A.Marital.$ettleme~t.Agreememt.dated. August. 5,.2002. is. hereb¥.incorpo~ated,
~9~.99~.~g~.$~gP.~b$~.~9~, ...........................................
By T~y~' Courl/