HomeMy WebLinkAbout04-4107
DIANNE M. MANSFIELD,
Plaintiff
v
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.D4-4ID7 CIVIL TERM
: IN DIVORCE
ROGER W. MANSFIELD,
Defendant
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. Ajudgment 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may
request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office
at the Cumberland County Courthouse, 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 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 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No.04~4107 CIVIL TERM
DIANNE M. MANSFIELD,
Plaintiff
ROGER W. MANSFIELD,
Defendant
: IN DIVORCE
COMPLAINT UNDER SECTION 3301(C) OR (D)
OF THE DIVORCE CODE
Plaintiff, Dianne M. Mansfield, by her attorney, Lindsay D. Baird, Esquire, sets forth the
following:
1
Dianne M. Mansfield, is an adult individual residing at 9 Montsera Road, Carlisle,
Cumberland County, Pennsylvania 17013.
2
Defendant, Roger W. Mansfield, is an adult individual residing at 9 Montsera Road,
Carlisle, Cumberland County, Pennsylvania 17013.
3
The parties were married on June 11, 1976, in Greensboro, Guilford County, North
Carolina.
4
Defendant has lived continuously in the Commonwealth of Pennsylvania for at least six
months prior to the commencement of this action.
5
This action is not collusive.
6
There have been no prior actions for divorce or annulment in this or any other jurisdiction
within the knowledge of the Plaintiff.
7
In accordance with Section 3301 (c) of the Divorce Code, the marriage between the parties
is irretrievably broken.
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.
WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be
divorced from the Defendant.
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V' Lindsay D. Baird, Esquire
Attorney for the Plaintiff
37 S. Hanover Street
Carlisle, PA 17013
(717) 243-5732
.
I verify that to the best of my knowledge and belief, the statements in the foregoing document
are true and correct. I understand that false statements herein are made subject to the
penalties of 18 PaCS !}4904 relating to unsworn falsification to authorities.
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THIS IS AN AGREEMENT made this...oytpy of August, 2004, by and between Dianne M.
Mansfield, of 9 Montsera Road, Carlisle, Cumberland County, Pennsylvania,(hereinafter referred
to as Wife) and Roger W. Mansfield, of9 Montsera Road, Carlisle, Cumberland County,
Pennsylvania, (hereinafter referred to as Husband).
PROPERTY SETTLEMENT AGREEMENT
WHEREAS, Husband and Wife were married on June 11, 1976, in Greensboro, Guilford County,
North Carolina; and
WHEREAS, various differences have arisen between Husband and Wife, whereby they have
been living separate and apart since August 19,2004; and
WHEREAS, the parties have agreed to maintain separate and pe:nnanent domiciles and to live
apart from each other; and
WHEREAS, the parties desire to enter into an amicab]e settlement to provide for all of the
property rights of the parties and to dispose of the rights and obligations of each to the other in
respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights
and obligations under the Divorce Code of 1980, as amended, and it is the intention and
agreement of the parties that this Agreement be a full, complete and final settlement of all of
those rights and obligations under said Divorce Code; and
NOW, THEREFORE, for and in exchange ofmutuaI considerations, and intending to be bound
by the provisions hereof, the parties agree that their recitals foml a part of this Agreement and
waive any right to counseling under the Divorce Code of 1980, as amended, and right to counsel
fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not
provided for herein and agree as follows:
1. SEP ARA nON. The parties agree that it shall be lawful for each party, at all times
hereafter, to live separate and apart from the other, at such p1acl: or places as he or she may, from
time-to-time, choose or deem fit. Each party shal] be free from interference, authority or contact
by the other, as fully as ifhe or she were single and unmarried, except as may be necessary to
carry out the provisions of this Agreement and as may be necessary to exchange information that
pertains to the parties' minor child. Neither party shal] molest tlhe other or attempt to endeavor to
molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign
the other, nor in any way interfere with the peaceful existence, separate and apart, from the other.
2. REAL ESTATE. Husband and Wife jointly own the marital residence located at 9
Montsera Road, Carlisle, Pennsylvania. The marital residence presently has an outstanding
jointly owned home equity loan with Cornerstone Federal Credit Union. Wife's equity in the
home is $136,183.00. Wife shall receive payment from Husband of $100,000.00 concurrent with
the signing of this Agreement. Husband shall pay to Wife the balance of$36,183, interest free, in
two installments of$18,092 each on September 1, 2005 and September 1,2006. At the
conclusion of two years from the signing of this Agreement, Husband will assume the home
equity loan and Wife shall deed any rights, title and interest she has in the marital residence to
Husband. Husband shall be solely responsible for all mortgage payments, liabilities, taxes,
assessments, insurance and the cost of maintenance on the marital residence. Husband shall
indemnify and hold Wife harmIess from any liability, claims, causes of action, suits, or litigation
for money owed, damages, indirect or consequential, including legal fees, arising out of failure of
Husband to so pay such liens and encumbrances.
3. AUTOMOBILES. Wife shall have as her sole and exclusive property, title to and
possession of the 1997 Jeep Cherokee. Husband shall have as his sole and exclusive property,
title to and possession of the 1990 Chevrolet pickup, 1999 Chevrolet Silverado pickup, the 2000
Chevro]et stake body, and the 5x8 Rendezvous trailer and camping equipment. Each party shall
indemnify and hold the other harmless from and liability on any loan encumbering the vehicle,
cost ofrepairs, maintenance, registration, insurance and/or inspe:ction of the vehicle which each
is taking as his/her sole and exclusive property.
4. PERSONAL PROPERTY. The parties have divided or have agreed to a division of their
personal property which includes bank accounts, certificates of deposit, life insurance policies,
jewelry, clothing, furniture and other personal items. After the aforesaid division of the personal
property is complete, any and all property in the possession of Husband shall be his sole and
separate property. Any and all property in the possession of Wife shall be her sole and separate
property. Each party forever renounces whatever claims he/she may have with respect to the
property which the other is taking. Each party understands that he/she has no right or claim to any
property acquired by the other after the signing of this Agreement.
Dauphin and Cumberland County child support payments are automatically deposited
into the Cornerstone Federal Credit Union savings account #663301 in the name of the parties
for the benefit of Kristine Elizabeth Mansfield. A Certificate of Deposit in the amount of
$4600.00 is held at the Cornerstone FCU. Two UTMA investment accounts for Kristine E.
Mansfield, numbers 670350548-2 and 522091340-6, are with T. Rowe Price and in the names of
the parties. The parties agree that neither shall remove funds from these accounts for their
personal use.
5. PENSION/RETIREMENT PLANS. Wife hereby releases any and all claims or demands
she may have on Husband's pension or retirement plans. Husband hereby releases any and all
claims or demands he may have on Wife's pension or retirement plans.
6. DEBTS. The parties agree that Wife has paid her share of the marital debt totaling
approximately $30,000.00. Husband shall be solely responsiblt: for the debt remaining. The
parties represent and warrant to each other that neither has incurred any other debts nor made any
other contracts for which the other or his/her estate may be liable, from date of separation
forward. Neither party shall contract nor incur any debt or liability for which the other or his/her
property or estate might be responsible and agrees to indemnify the other from any claims made
against the other because of debts/obligations not incurred by the other.
7. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT OF SPOUSE. The parties waive
any and all right to receive from the other any payment of alimony, alimony pendente lite, and/or
spousal support.
8. HEALTH INSURANCE. Husband agrees to pay Wife's premiums to remain with his
insurance plan for one year from the signing of this Agreement or until Wife is able to procure
insurance through her employment, whichever is sooner.
9. MANSFIELD SHOP EQUlPMENT SALES, INC. Husband and Wife agree that all
assets, equity and liabilities relating to Husband's business are the property of Husband (through
the business) and Wife waives any claim to them.
10. EFFECTIVE DATE. The effective date of this Agreement shall be the date of execution
by the parties as if they had each executed the Agreement on the same date. Otherwise, the
execution date of this Agreement shall be defined as the date of execution by the party last
executing this Agreement.
11. DIVORCE. A divorce action was initiated and filed at docket number 2004-4107 Civil
Term in the Court of Common Pleas of Cumberland County on August 19,2004. Both parties
agree to execute any and all affidavits or other documents necessary for the parties to obtain an
absolute divorce pursuant to SectiollS 3301 c of the Divorce Code including waiver of all rights
to request Court ordered counseling
12. INCORPORA nON INTO DECREE. Should a decree, judgment or order of separation or
divorce be obtained by either of the parties in this or any other state, country, or jurisdiction, each
of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be
affected in any way by any such separation or divorce; and that nothing in any such decree,
judgment, order or further modification and revision thereof shall alter, amend or vary any term
of this Agreement, whether or not either or both of the parties shall remarry, it being understood
by and between the parties hereto that this Agreement shall survive and shall not be merged into
any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a
copy of this Agreement or the substance of the provisions thereof, may be incorporated by
reference into any divorce, judgment or its decree. TIlis incorporation, however, shall not be
regarded as a merger, it being the specific intent of the parties to permit this Agreement to
survive any judgment and to be forever binding and conclusive upon the parties.
13. MUTUAL RELEASE. Husband and Wife do hereby mutually remise, release, quit claim
or forever discharge the other and the estate of such other, for all time to come, and for all
purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate
of such other, of whatever nature and wherever situate, which he or she now has or at anytime
hereafter may have against such other, the estate of such other or any part thereof, whether
arising out of any former acts, contracts, engagements or liabilities of such other or by way of
dower or curtesy of claims in the nature of dower or curtesy, or widow's or widower's rights,
family exemption or similar allowance or under the intestate laws; or the right to take against the
spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all or
other rights of the surviving spouse to participate in a deceased spouse's estate, whether arising
under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any
other country or any right which either party may now have or at anytime hereafter have for past,
present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or
expenses, whether arising as a result of the marital relation or otherwise, except and only except
all rights and agreements and obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife
to give to each other by the execution of this Agreement a full, complete and general release with
respect to any and all property of any kind or nature, real, personal or mixed, which the other
now owns or may hereafter acquire, except and only except all rights and agreements and
obligations of whatsoever nature arising or which may arise under this Agreement or for the
breach of any provision thereof.
14. COUNSEL FEES. Each party individually covenants and agrees that he or she will
individually assume the full and sole responsibility for legal expenses for his or her attorney and
court costs in connection with any divorce action which may be brought by either party and shall
make no claim against the other for such costs or fees.
15. ADDITIONAL INSTRUMENTS. Each of the 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 or documents that may be reasonable required to give full force and effect to the
provisions of this Agreement.
16. MODIFICATION OR WAIVER. A modification or waiver of any of the provisions of
this Agreement shall be effective only if made in writing and executed with the same formality as
this Agreement. The failure of either party to insist upon the 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.
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. SEPARATE PARAGRAPHS. It is specifically understood and agreed by and between the
parties thereto that each paragraph hereof shall be deemed to be a separate and independent
agreement.
19. 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 or seek such other
remedies or relief as may be available to him or her and the party breaching this Agreement shall
be responsible for payment oflegal fees and costs incurred by the other in enforcing the rights
under this Agreement, or in seeking such other remedies or relief as may be available to him or
her.
20. CONTROLLING LAW. This Agreement shall be coustmed under the laws of the
Commonwealth of Pennsylvania.
21. INVALIDITY OF PROVISIONS. 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.
22. BINDING NATURE. Except as otherwise set forth herein, this Agreement shall be
binding and shall inure to the benefit of the parties hereto and their respective heirs, executors,
administrators, successors and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year
first above written.
WITNESS:
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Dianne M. Mansfield
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Roger W. Mansfie]d
COMMONWEALTH OF PENNSYLVANIA
ss:
COUNTY OF CUMBERLAND
On this the ~ day of August, 2004, before me, Lindsay D. Baird, the undersigned officer,
personally appeared Dianne M. Mansfield, known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within instrument, and acknow]edged that she executed the same for the
purposes therein contained,
In witness whereof, I hereunto set my hand and official seal.
~f'cP~,0(;EAL)
, N ary Public :
COMMONWEALTH OF PENNSYLVANIA
ss:
COUNTY OF CUMBERLAND
On this the ~day of August, 2004, before me, Lindsay D. Baird, the undersigned officer,
personally appeared Roger W. Mansfield, known 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.
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DIANNE M. MANSFIELD,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v
: NO. 04 - 4107
: IN DIVORCE
CIVIL TERM
ROGER W. MANSFIELD,
Defendant
AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE
AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE
DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed
on August 19, 2004.
2. Defendant acknowledged receipt and accepted iservice of the Complaint on
August 21,2004.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety
days have elapsed from the date of the filing of the Complaint.
4. I consent to the entry of a final decree in divorce~ without notice.
5. 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.
6. 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.
7. I have been advised of the availability of marriage counseling and understand
that I may request that the Court require counseling. I do not request that the Court
require counseling.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subjel~t to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
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ianne M. Mansfield, ~tiff
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DIANNE M. MANSFIELD,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v
: NO. 04 - 4107
CIVIL TERM
ROGER W. MANSFIELD,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE
AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE
DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed
on August 19, 2004.
2. Defendant acknowledged receipt and accepted service of the Complaint on
August 21, 2004.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety
days have elapsed from the date of the filing of the Complaint.
4. I consent to the entry of a final decree in divorcEl without notice.
5. 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.
6. 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.
7. I have been advised of the availability of marriage counseling and understand
that I may request that the Court require counseling. I do, not request that the Court
require counseling.
I verify that the statements made in this affidavi1 8lre 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: j u.Q'2l :2 5" ~ 005'
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DIANNE M. MANSFIELD,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v
: NO. 04 - 4107
CIVIL TERM
ROGER W. MANSFIELD,
Defendant
: IN DIVORCE
AFFIDAVIT OF SERVICE
I, Lindsay Dare Baird, Esquire, being duly sworn according to law do depose and state that a
copy of the Complaint filed in the above-captioned matter along with a copy of a Notice to Plead
and a Notice of Availability of Marriage Counseling was served on the Defendant, Roger W.
Mansfield, by Certified Mail - Return Receipt Requested, restricted delivery, a copy of said
return receipt evidencing delivery being attached hereto. Said sElrvice on August 21, 2004.
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37 South Hanover Street
Carlisle, PA 17013
717 - 243-5732
Sworn and Subscribed to
before me this 29th day
of July, 2005.
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Notary Public
Notarial Seal
Niven J. Baird. Notary Public
Carli!lle 8oro, Cumberland County
My Commission Expires Nov. 2. 2006
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DIANNE M. MANSFIELD,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
; CUMBERLAND COUNTY, PENNSYLVANIA
v
: NO. 04 - 4107
CIVil TERM
ROGER W. MANSFIELD,
Defendant
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to Ithe Court for entry of a divorce
decree:
1. Ground for Divorce: Irretrievable breakdown under Section :1301 (c) of the Divorce Code.
2. Date and manner of service of the Complaint: Certified U.S. mail, Return Receipt, Restricted
Delivery, August 21,2004.
3. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce
Code: By Plaintiff: July 18, 2005; by Defendant: July 25,2005.
4. Related claims pending: None.
5. Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary:
July 29, 2005.
Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary;
July 29, 2005.
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
DIANNE M. MANSFIELD,
PENNA.
STATE OF
Plaintiff
No.
04 - 4107
VERSUS
ROGER W. MANSFTF.Tn.
Defendant
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DECREE IN
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DIVORCE
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Dianne M. Mansfield
DECREED THAT
, PLAINTIFF,
Roger W. Mansfield
AND
, DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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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;
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The property settlement agreement is incorporated but not merged into
the decree.
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By THE COURT:
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PROTHONOTARY
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